35. Large numbers of people living within Pakistan are impacted by a lack of identity
documents, in particular the CNIC in the case of adults and the Child Registration
Certificate (CRC) also known as the B-Form for children. CNIC and CRC are essential
documents for any individual living in Pakistan, to be able to access government health
facilities, education, employment, opening of a bank account, owning property, applying
for government jobs, getting a sim card for a mobile connection, getting utility
connections, and having access to basic rights and privileges that a citizen enjoys by
recognition of his existence.
Issue III Access to rights
36. Denied computerized National ID Cards, many Bengalis, Rohingyas and Afghans endure
regular harassment, extortion and arbitrary arrests by the police in Karachi and in the
Afghan refugee villages (ARVs).65 While all groups at risk of statelessness face similar
challenges to access rights and services, Bengalis and Urdu speaking Biharis face
relatively lesser barriers to exercising their rights as they have a pathway to obtaining
CNICs. This section discusses the access to rights and services of education, employment,
health care and housing of these four groups.
Education
37. Article 25A of the Constitution of Pakistan stipulates the provision of free and
compulsory education to all children from five to sixteen years. However, access to
education in general is reportedly poor in Pakistan with a shortage of schools and
teachers.66 Enrolment in schools require the determination of age on the basis of FormB or CRC of NADRA which only children whose parents have a National Identity Card
(NIC) can obtain.67 Even ethnic Bengalis without citizenship documentation do not have
access to public health and government schools,68 which requires the submission of a
legal document certifying citizenship.69 UNHCR supported primary educational
assistance for minors is only limited to PoR cardholders.70 Attending prohibitively
expensive private schools or informal madrassas is often the only way in which
undocumented children can access education.71 Even in these cases it is not possible to
65
Zia Ur Rehman, ‘Pakistan Moves towards Legalising Bengalis and Biharis, Not Rohingyas’, Geo News, (Online,
18 October 2017) https://www.geo.tv/latest/162968-pakistan-to-grant-citizenship-to-bengalis-and-biharis-notrohingyas, accessed July 13, 2022.
66 K M Mielke et al., ‘Figurations of Displacement in and beyond Pakistan,’ Transnational Figurations of
Displacement (TRAFIG), (Working paper, August 2021), [Available at: <https://trafig.eu/output/workingpapers/figurations-of-displacement-in-and-beyond-pakistan/D054-TWP-Figurations-of%20DisplacementPakistan-Mielke-etal-2021-v02p-2021-11-05.pdf>, accessed July 13, 2022] at 20.
67 NADRA Website, ‘Child Registration Certificate (CRC) – NADRA Pakistan,’
<https://www.nadra.gov.pk/identity/identity-crc/> accessed July 13, 2022.
68 Hajira Maryam, ‘Stateless and Helpless: The Plight of Ethnic Bengalis in Pakistan,’ Al Jazeera, (Online, 29
September 2021),
<https://www.aljazeera.com/features/2021/9/29/stateless-ethnic-bengalis-pakistan>, accessed July 13, 2022.
69 Ibid.
70 Afghan Displacement Solutions Platform (ADSP), ‘On the Margins: Afghans in Pakistan’ (Report, December
2018), <https://adsp.ngo/wp-content/uploads/2019/06/ADSP_Report_AfghansinPakistan-1.pdf> accessed July
13, 2022.
71 Hajira Maryam, ‘Stateless and Helpless: The Plight of Ethnic Bengalis in Pakistan,’ Al Jazeera, (Online, 29
September 2021),
<https://www.aljazeera.com/features/2021/9/29/stateless-ethnic-bengalis-pakistan>, accessed July 13, 2022.
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