SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA Treaty ratification status However, this provision was seen to be discriminatory in the case of Rohingyas. The Government of Bangladesh since 2014 has banned marriages between Rohingya refugees and Bangladeshi citizens in the fear of Rohingyas using marriage to obtain Bangladeshi citizenship. While Bangladesh has not yet ratified the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, or the 1951 Refugee Convention and its 1967 Protocol, it has ratified ICCPR, ICESCR, ICERD, CRC, and CEDAW with no relevant reservations. Citizenship may be acquired through marriage via the naturalization process; however, the laws stipulating this include gender discriminatory provisions denying women the right to pass nationality to their spouses.2062 However, this provision was seen to be discriminatory in the case of Rohingyas. The Government of Bangladesh since 2014 has banned marriages between Rohingya refugees and Bangladeshi citizens in the fear of Rohingyas using marriage to obtain Bangladeshi citizenship.2063 In a 2018 Writ Petition filed, the High Court upheld the marriage ban in the case of a Bangladeshi citizen marrying a Rohingya woman.2064 Besides Rohigyas, there is no marriage ban against any other community in Bangladesh. In 2016, the CEDAW Committee highlighted that while the 2009 amendments to The Citizenship Act removed some gender discriminatory provisions, they did not retroactively apply for children before its entry into force.2069 In regard to the lack of access to justice for women in Bangladesh, the Committee recommended that the country ensure that all women and girls, including those who are affected by statelessness, “have effective access to justice by raising their awareness of their human rights and the remedies available to claim them”.2070 The Committee also expressed concerns over the fact that only 3% of children born in Bangladesh are registered within 45 days of their birth and that only 88% of school-aged children were registered in 2016.2071 Further, women and children make up a disproportionate percentage of the unregistered Rohingya population (60%).2072 It was recommended that Bangladesh ensure that the 2009 amendments apply retroactively and ensure that all childrens’ births are registered immediately.2073 The CRC Committee also recommended that the country “provide birth registration and access to basic rights, such as to health and education, for all undocumented Dual citizenship Dual citizenship is not recognized in Bangladesh.2065 A Bangladeshi citizen by birth automatically loses their Bangladeshi citizenship upon acquisition of citizenship of another country.2066 However, as a result of a 1978 amendment to the 1972 Citizenship Order, there are some discriminatory provisions relating to reacquisition of citizenship based on the country of former citizens’ citizenship acquisition.2067 Citizens of only Australia, Canada, the United Kingdom, and the United States who are of Bangladeshi origin are able to apply for reacquisition of Bangladeshi citizenship.2068 TABLE 51 However, Bangladesh has failed in its commitment to provide formal education to all children, as nearly half a million Rohingya refugee children are banned from access to formal education. The reported population has steadily increased by about 10,000-50,000 persons each year.2081 Rohingya children and their families”.2074 As a party to CRC as well as ICCPR, Bangladesh is obligated to ensure that all births are registered immediately after birth.2075 The entire reported stateless population in Bangladesh, of more than 950,000 persons are stateless refugees.2082 There has been an extensive focus on Rohingyas in Bangladesh by UN bodies, academics and NGOs, specifically since the mass displacement which occurred in 2017.2083 Most of the 950,000 Rohingya refugees in Bangladesh reside within refugee camps in Cox’s Bazar, facing limited access to health and social services, education and living in conditions that have been condemned by residents, international organisations and NGOs.2084 In Bangladesh’s recent Universal Periodic Review, it was stated that Bangladesh has been working to ensure education for Rohingya children with the support of international organizations, including UNICEF.2076 However, Bangladesh has failed in its commitment to provide formal education to all children, as nearly half a million Rohingya refugee children are banned from access to formal education.2077 Further, it was stated that Bangladesh remains committed to the Rohingya population’s “right to safe, dignified and voluntary return to their homes in Myanmar”.2078 While Bangladesh signed a repatriation deal with Myanmar and formed a Joint Working Group on the issue in 2021, Myanmar has yet to follow through in ensuring Rohingya’s right to safe, dignified, and voluntary return to Myanmar.2079 Population Reported stateless persons Bangladesh has the largest population of stateless persons both in South Asia and in the Asia Pacific, reporting 952,309 persons to UNHCR in 2022.2080 Stateless Refugees In June 2020, there were not enough isolation facilities in the overcrowded Cox’s Bazaar to stop the spread of the COVID-19 virus.2085 Around the same time, during COVID-19 lockdowns, Rohingya refugees headed for Bangladesh on a wooden boat were found stuck at sea by Malaysia.2086 The Bangladeshi government announced that they would rescue those on the boat and quarantine them on the remote island of Bhashan Char in the Bay of Bengal, which has been described by experts as “not suitable for long-term human habitation”.2087 As more numbers of Rohingya were quarantined Most of the 950,000 Rohingya refugees in Bangladesh reside within refugee camps in Cox’s Bazar, facing limited access to health and social services, education and living in conditions that have been condemned by residents, international organisations and NGOs. TABLE 52 Status of Accession of International Human Rights Treaties in South Asia Reported stateless persons to the UNHCR Country Bangladesh ✅ ⛔ 186 Stateless 1 ⛔ Stateless 2 ⛔ Refugee Signifies that the country is a party to the convention Signifies that the country is not a party to the convention ⛔ ICCPR ✅ ICESCR ✅ ICERD ✅ CRC ✅ CEDAW ✅ Stateless 1 - 1954 Convention relating to the Status of Stateless Persons Stateless 2 - 1961 Convention on the Reduction of Statelessness STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Country Bangladesh 2019 (year start)2088 2020 (year end)2089 2021 (year end)2090 2022 (year end)2091 854,704 866,457 918,841 952,309 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. REPORT 2024 187