SUB-REGIONAL OVERVIEW: SOUTH ASIA An estimated 3 million Bengali speakers are living in Pakistan, but 70-80% do not hold any identity documentation. this population by re-verifying blocked ID cards and eventually providing Computerized National Identity Cards, substantial action towards this promise is yet to be seen.2369 Causes of Statelessness Discriminatory nationality laws Pakistan’s jus soli provision which stipulates that all children born in the territory will be citizens unless the father of the child has diplomatic immunity, or is an “enemy alien” is gender discriminatory as no such provisions exist stipulating the same for a child’s mother.2370 Further, Pakistani women cannot confer citizenship to a foreign spouse on an equal basis as Pakistani men.2371 In the situation of conferral of Pakistani citizenship from a Pakistani man to a foreign Afghan woman, the process is often lengthy and children involved in such situations often only gain citizenship if they do not have another citizenship.2372 Further, Pakistani women cannot confer citizenship to a foreign spouse on an equal basis as Pakistani men Lack of legal safeguards against childhood statelessness It appears that the jus soli provision of Pakistani citizenship law would provide foundling children and children born to stateless parent’s access to citizenship, however implementation of this law is less generous.2373 Pakistan’s jus soli provisions on paper provide citizenship to all children born on the territory of Pakistan, except those whose fathers have diplomatic immunity, or are enemy aliens.2374 However, the children of Afghan refugees who have resided in Pakistan for decades have explicitly been excluded from the operation of these jus soli provisions with the High Court 212 SUB-REGIONAL OVERVIEW: SOUTH ASIA of Pakistan explicitly labelling Afghan refugees as foreigner and aliens.2375 As mentioned above, Bengali speaking and Bihari individuals have also been registered as aliens, and as a result, denied citizenship by birth.2376 This judicial interpretation has broadly limited the application of the jus soli provisions to exclude children born to foreigners (or ‘aliens’) in the territory. Sri Lanka Administrative barriers Jus sanguinis provisions Discriminatory administrative barriers are largely the cause of statelessness among ethnic Bengali communities in Pakistan. Most ethnic Bengalis have resided in Pakistan since before the Bangladesh War of Independence in 1971 yet have never had their citizenship fully recognised, despite their right to citizenship existing under the written law.2377 It is estimated that 70–80% of the Bengali population in Pakistan do not have identity documents.2378 The position of ethnic Bengalis was worsened through the introduction of digitized ID cards, with the government discriminating and in some cases stripping persons of citizenship by replacing previously held paper identity documents with registration documents that labelled Bengali community members as ‘aliens’.2379 Balochistan and the Federally Administered Tribal Areas experience the lowest rates of birth registration.2380 Lack of public awareness, complicated registration procedures, and high fees present barriers to birth registration.2381 Children born out of wedlock and refugee and internally displaced children also experience low access to registration due to the lack of protective measures for the registration of children from such marginalized groups.2382 Pakistan’s birth registration rate was reported as 42% in 2018.2383 The position of ethnic Bengalis was worsened through the introduction of digitized ID cards, with the government discriminating and in some cases stripping persons of citizenship by replacing previously held paper identity documents with registration documents that labelled Bengali community members as ‘aliens’ STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Laws Citizenship Law Sri Lankan citizenship is provided through jus sanguinis provisions allowing automatic citizenship for children born in Sri Lanka to a Sri Lankan citizen parent.2384 For children born outside of Sri Lanka to a citizen parent, their birth must be registered for their citizenship to be recognised.2385 There is no definition of statelessness in the citizenship legislation of Sri Lanka. Sri Lankan citizenship is provided through jus sanguinis provisions allowing automatic citizenship for children born in Sri Lanka to a Sri Lankan citizen parent. Naturalized citizenship To register as a Sri Lankan citizen, one must either be a descendant of a citizen or former citizen who renounced their citizenship to acquire another citizenship, married to or the widow of a citizen, or must have provided a distinguished public service or significant contribution to the country.2386 Foreign citizens or stateless persons who do not meet one of these categories are not eligible for citizenship by registration. Dual citizenship Dual citizenship is permitted in Sri Lanka, however, Sri Lankan citizens seeking foreign citizenship will lose their Sri Lankan citizenship if they do not make a declaration to the Minister to retain their citizenship.2387 Foreign citizens applying for Sri Lankan citizenship are not required to renounce their foreign citizenship. Treaty ratification status Sri Lanka has ratified ICCPR, ICESCR, ICERD, CRC, and CEDAW with no relevant reservations. However, the country has yet to ratify the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, and the 1951 Refugee Convention and its 1967 Protocol. REPORT 2024 213