53. Discriminatory nationality laws are based on stereotypes, which in turn reinforce
stereotypical roles for both women and men, such as the idea that a woman, once
married, would “naturally” follow the nationality of her spouse, with no ability for a
women’s spouse to instead elect to acquire her nationality. As such, the law fails to
respect women’s equal citizenship and their equality in the family. Gender
discrimination in Bangladesh’s nationality law also undermines women’s ability to freely
choose a spouse in practice. Gender discrimination in Bangladesh’s nationality law
therefore contributes to the root cause of gender-based violence by perpetuating
women’s equal status in society.
54. By denying women equal rights with men to confer nationality on their spouse, the
nationality law additionally threatens family unity and the right of children with foreign
fathers to know and be cared for by their father, as he may face obstacles to reside with
his family in Bangladesh without citizenship. This discrimination can also perpetuate
statelessness, when the spouse of a Bangladeshi woman is stateless or may lose his
nationality due to prolonged absence from his country of origin.
Recommendations
1. Based on the above information, the co-submitting organisations urge reviewing States
to make the following recommendations to Bangladesh:
I.
Implement the provision on citizenship by birth stipulated in Section 4 of the
1951 Citizenship Act to ensure that persons born in the territory can acquire
Bangladeshi nationality.
II.
Issue an official directive to the city corporation and national housing
authority to stop evictions of the Bihari Camps;
III.
Develop a sustainable plan for dignified and quality housing, water and
sanitation system in the Bihari Camps;
IV.
Ensure that the judgments of the Bangladeshi Supreme Court for the Urduspeaking community are implemented by the Government without any delay
to ensure right to nationality and housing rights;
V.
Ensure the Bangladesh Government continues to implement the 2008
judgement and that all members of the Urdu-speaking community receive
legal recognition and can access to basic rights and services on an equal basis
with all other Bangladeshi citizens;
VI.
The international community to provide support for the rehabilitation of the
Biharis in Bangladesh and establish a rehabilitation fund
VII.
Recognise Rohingyas as refugees by issuing them with refugee cards and
ensuring increased mobility of the Rohingyas in the country;
VIII.
Provide access to formal education, accreditation, and development
opportunities to enable Rohingyas to access decent work in and outside the
camps and lift themselves out of the cycles of poverty and exploitation;
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