49. In order to obtain identity documentation in Bangladesh, an individual must be registered at birth. An online application process for birth certificates was introduced in 2018 and is now mandatory, with no manual or paper application option available. This shift follows the introduction of a “smart” ID card in 2016 with a similar online application service launched in 2020. Such digitalised process brings possible benefits in efficiency for some, but also risks for others. New barriers such as internet access and digital literacy are introduced into a process that many people in Bangladesh already struggle to access, evidenced by the birth registration statistics above. These barriers may disproportionately affect the most marginalised and vulnerable citizens in both urban and rural areas, including communities that have struggled with nationality. 50. In the Urdu-speaking community, for example, in which people have struggled with access to identification documents even after the 2008 High Court judgement that confirmed their nationality, the introduction of the digital birth certificate application has increased the complexity of acquiring a birth certificate. People within the community have become reliant on an intermediary who can assist with navigating the online application process. While some are assisted by a family member or trusted contact, others must approach brokers or private businesses like internet cafes for help. This dependence introduces opportunities for corruption and exploitation in terms of high charges and inaccurate information. 51. The possibilities for exclusion due to digital transitions in registration and identification systems as well as concerns about data privacy and protections have been recognised in other jurisdiction, including by courts in India, Jamaica, and Kenya, among others. For example, the High Court in Kenya recognised the risk of exclusion of segments of the population in the process of transitioning to a digital identification system. As a result, the Court ordered the Government to establish a comprehensive regulatory framework to address data protection and exclusion, with special emphasis on people without identity documents and people with poor biometrics.48 These findings call attention to the need for robust governing frameworks and special measures for inclusion of people who face challenges of access to nationality and related documentation in countries considering digitalization of identification. Issue IV – Gender Discrimination in Nationality Law 52. Bangladeshi women are denied the ability to confer nationality on a non-citizen spouse on an equal basis with Bangladeshi men. According to Rule 4 (The Bangladesh Citizenship (Temporary Provisions) Rules, 1978, the female spouse of a Bangladeshi man may apply for citizenship after legally residing in country for a period of two years. The spouse of a Bangladeshi women does not have this same right and may only apply for citizenship under regular naturalization procedures. Further, in reference to men who naturalize as Bangladeshi citizens, the law states that their female spouse may apply for citizenship under the same provision outlined above, while again there is no reference to the spouse of a naturalized Bangladeshi woman having this equal right to apply for citizenship. 48 Nubian Rights Forum & 2 others v Attorney General & 6 others, High Court of Kenya, para 1045 and 1047. 11