rehabilitation of those who live in the camps and have a national identity card. Despite
this High Court verdict, in May 2017, Dhaka North City Corporation evicted Kashmiri
Mohallah Camp in Section-11 Mirpur and in August 2017 they evicted two more camps
in Pallabi, Mirpur. Now the camp residents are living under the open sky. This exclusion
from land rights makes it difficult for this community to access economic opportunities
and engage in livelihood activities.33
35. Despite these challenges, there have been some efforts to address the discrimination
faced by the Urdu Speaking community. In addition to the 2008 High Court judgement
confirming Urdu-speakers as citizens, resulting from a petition driven by the community
itself, other initiatives aim to at improve the Bihari Community’s access to education and
healthcare. Some members of the community have also been able to obtain citizenship
documents through support from community paralegals working under NGO initiatives,
although for some documents such as passports this remains a slow and difficult
process.34
36. The Bangladeshi Government has taken some steps to address the plight of the Urduspeaking community, including providing identity cards and citizenship to some. 35
However, most members of the community still lack legal recognition and face
significant barriers to accessing basic rights and services. For example, when using a
national ID card, a camp-dwelling Urdu-speaker can be identified via their “camp”
address, which can lead to other public and private service providers to deny services
such as passports, bank accounts, and health cards otherwise availability to pregnant
women and the elderly.
37. While there have been some efforts to address the issue, much more needs to be done
to ensure that members of the community can access their rights and live free from
discrimination and marginalisation. This will require a commitment from the
Government, civil society organizations, and the wider population to address the root
causes of structural discrimination and create a more inclusive society for all.
Issue II – Rohingya Refugees in Bangladesh
38. The Rohingya community was stripped of its citizenship in Myanmar in the 1980s,
subsequently persecuted in the country and neighbouring countries have failed to
protect them as refugees and stateless persons. During the mass exodus of Rohingyas
from Myanmar to Bangladesh in 2017, it was estimated that three quarters of a million
fled the country. 36 Nowadays, Bangladesh hosts more than a million Rohingyas who
reside in the refugee camps of Cox’s Bazar and over 30,000 in Bhasan Char island.37
39. Since Bangladesh is not a party to the 1951 Refugee Convention nor the 1954
Statelessness Convention, Rohingyas are recognised as irregular migrants by the
33
Ibid.
O. Shadman and R. Schönbauer, ‘How a Bangladesh Court Ruling Changed the Lives of More than 300,000 Stateless People’,
(23 February 2015), available at: https://www.unhcr.org/news/latest/2015/2/54ec22869/bangladesh-court-ruling-changedlives-300000-stateless-people.html.
35 Geoffrey Macdonald, ‘Bangladesh: Urdu-Speaking ‘Biharis’ Seek Recognition, Respect and Rights,’ (4 February 2021),
available at: https://www.iri.org/resources/new-bangladesh-report-reveals-priorities-of-the-bihari-minority/.
36 UNHRC, ‘Report of the independent international fact-finding mission on Myanmar’, (September 2018), available at:
https://www.ohchr.org/sites/default/files/Documents/HRBodies/HRCouncil/FFM-Myanmar/A_HRC_39_64.pdf.
37 ‘963 more Rohingyas relocated to Bhasan Char’, The Daily Star, (17 October 2022) available at:
https://www.thedailystar.net/rohingya-influx/news/963-more-rohingyas-relocated-bhasan-char-3145186.
34
8