the current law recognizes them as citizens of Bangladesh.30 The discrimination faced by
the Urdu-speaking community has had significant consequences. Most of the
community has been vulnerable to exploitation and abuse, with some being forced to
work in dangerous and exploitative conditions. 31 The lack of equal access to
documentation has also made it difficult for them to travel, as they may not have the
necessary documents to cross borders or obtain visas.
30. Access to education is limited for the Bihari community as they face discrimination in
the education system, and Bihari children are often excluded from mainstream
education which limits their opportunities for economic and social mobility.
Additionally, the Urdu- speaking community is often excluded from formal employment
opportunities and are limited to low-paying jobs in the informal sector. The lack of access
to formal employment opportunities perpetuates their poverty and limits their ability to
access basic services and benefits.
31. One of the main challenges faced by the Biharis is the lack of access to basic human
rights and services, such as housing and land rights. Most Biharis live in overcrowded
refugee-like urban “camps” or slums, where they lack basic amenities such as clean
water, sanitation, and healthcare. They also face limited job opportunities and restricted
access to education, which makes it difficult for them to break out of such complicated
cycle.
32. In terms of housing rights, the Bihari community is not eligible for housing programmes
provided by the Government or non-governmental organisations. The lack of formal
land ownership also makes it difficult for them to access credit and other financial
services. They are often excluded from land allocation programmes and are denied
access to land ownership.
33. Camp dwelling Urdu-speakers are also frequently at risk of eviction. The camp dwellers
continue to feel insecurity about their land and housing situation, despite the efforts of
camp leaders to try to negotiate with the government to stop evictions. In 1993, the
National Housing Society sold the land of the Bihari camps in Mirpur, Dhaka, as plots 3
to people in the nearby area. There are thirty-nine camps populated by seventy
thousand people in Mirpur. The National Housing Society is now planning to demolish
all structures in the camps. Not being able to stop the demolition order, the community
leaders petitioned to the Supreme Court in 2001 to stop the demolition of their houses
and other properties; the court issued an injunction order to the National Housing
Society in the same year.32
34. Similar trends are also noticeable in other places inhabited by this community. During
the 2001 to 2012 period, nine petitions were filed on behalf of Biharis in different camps
(Mirpur, Syedpur, Geneva, Mymensingh Patgudam, Adamjee Nagar, and seventy other
camps) asking the court to stop any eviction in the camps before rehabilitation is done.
After a long period of hearings, a bench of the High Court Division of Bangladesh
Supreme Court issued a judgment on 29 March 2016 withdrawing all injunctions and
stay orders and instructing the concerned government authority to take steps for the
30
US Department of State, '2021 Country Reports on Human Rights Practices: Bangladesh', (April 2022), p. 49, available at:
https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/bangladesh.
31 Ibid.
32 Council of Minorities, Free Rohingya Coalition and Institute on Statelessness and Inclusion, ‘Joint Submission to the UN
Special Rapporteur on the human rights’, (23 January 2023), available at:
https://files.institutesi.org/Submission_SR_Human_Rights_Of_Migrants_Bangladesh.pdf.
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