SUB-REGIONAL OVERVIEW: SOUTH ASIA Persons at risk of statelessness Millions of Afghans have fled Afghanistan due to wars and persecution in the country, with over 6.4 million Afghan refugees, persons in refugee-like situations, or asylum-seekers globally at the end of 2022.2036 Further, over 1.6 million new Afghan refugee arrivals in neighboring countries have been reported since the Taliban takeover in August, 2021.2037 Overall in 2022, UNHCR noted over 9.5 million persons of concern from Afghanistan, including refugees, asylum-seekers, internally displaced persons (IDPs), returnees (refugees and IDPs), stateless persons, and others of concern.2038 Due to loss or denial of identity documents, the children of many Afghan refugees and asylum seekers are at risk of statelessness. Additionally, CSOs have highlighted how low rates of birth registration of refugees within Afghanistan — in 2022, Afghanistan hosted a population of just over 52,000 refugees2039 — places children at risk of statelessness.2040 Access to identity documentation has rendered potentially millions of women in Afghanistan at risk of statelessness. A report by the Norwegian Refugee Council in 2016, found that women possessed Tazkeras at a rate far lower than men.2041 Additionally, 52% of women in general held no identity documentation (Tazkera, Passport, Birth Certificates, Marriage Certificates), with this rate increasing to 75% among female IDPs (for male IDPs 12% had no identity documents).2042 UNHCR recorded 3,254,002 IDPs in Afghanistan at the end of 2021.2043 Causes of Statelessness Discriminatory nationality laws Ethnic minority groups including the Mosuli and Jogi (or ‘Magat’) communities who have lived in Afghanistan from generations living a semi- 184 SUB-REGIONAL OVERVIEW: SOUTH ASIA Further, over 1.6 million new Afghan refugee arrivals in neighboring countries have been reported since the Taliban takeover in August, 2021. nomadic existence, have been largely excluded from the operation of citizenship laws due to ethnic discrimination based on their historic connections to neighbouring countries.2044 Lack of legal safeguards against childhood statelessness Afghan citizenship law appears to protect foundlings in providing that a child found in Afghanistan will be considered a citizen of Afghanistan if documentation of their parent’s citizenship is not available.2045 Children born to one citizen parent and one parent with undetermined citizenship will be citizens of Afghanistan.2046 Article 12 of the Law further grants citizenship to children born to parents who have “documents proving their citizenship is not available”.2047 Stateless persons may obtain citizenship at the age of 18.2048 Administrative barriers Administrative and practical barriers, including security concerns, restrictions imposed by male family members, and lack of financial means have fundamentally limited the ability of women in Afghanistan to gain identity documentation and to confirm their status as citizens.2049 Afghanistan reported a birth registration rate of 42% as of 2015.2050 Despite legally requiring birth registration, Afghanistan grapples with a low registration rate as a consequence of prolonged conflict and constrained governmental resources.2051 Additionally, 52% of women in general held no identity documentation (Tazkera, Passport, Birth Certificates, Marriage Certificates), with this rate increasing to 75% among female IDPs (for male IDPs 12% had no identity documents). STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Bangladesh Laws Citizenship Law Jus sanguinis and jus soli provisions The citizenship legislation of Bangladesh provides for both jus soli and jus sanguinis citizenship, stipulated by The Citizenship Act (1951).2052 Under the written law of Bangladesh, persons born in the territory will gain citizenship by birth unless their father is a diplomat or an enemy alien.2053 However, in practice, citizenship by birth appears to be provided only when a child is born in Bangladesh to two Bangladeshi citizen parents.2054 The jus sanguinis provision of the Bangladeshi citizenship law provides that a child born either within or outside of Bangladesh to a Bangladeshi citizen automatically acquires citizenship by descent.2055 While most gender discriminatory provisions that barred women from transferring their nationality to their children were removed by amendments in 2009, however, a few still remain in the laws of Bangladesh as women are unable to confer nationality onto their foreign spouses.2056 If the parent of the child is themselves a citizen by descent and the child is born abroad, the birth must be registered for citizenship to be obtained.2057 There is no definition of a stateless person nor is there explicit mention of statelessness in Bangladesh’s citizenship legislation. The citizenship legislation of Bangladesh provides for both jus soli and jus sanguinis citizenship, stipulated by The Citizenship Act (1951). Naturalized citizenship The Citizenship Act stipulates that any person can apply for naturalization in Bangladesh2058, the details of which are stipulated by the Naturalisation Act (1926).2059 To be eligible for naturalization, the applicant must not be a minor, must reside in Bangladesh for at least twelve consecutive months as well as for at least four of the seven years before application, and have an adequate knowledge of Bengali, among other requirements.2060 There is no simplified or expedited procedure available for stateless persons or refugees. A foreign citizen must renounce prior citizenship upon application.2061 REPORT 2024 185