naturalized citizenship.55 The stateless Rohingya population in Pakistan predominantly
consists of those impacted by the separation of east and west Pakistan and the creation
of Bangladesh.
Issue I Documentation and Registration
23. The National Database and Registration Authority (NADRA) Ordinance 2000 plays a
prominent role in the challenges that those at risk of statelessness face in accessing
registration and documentation. The NADRA Ordinance 2000 established the National
Database and Registration Authority, which is the government agency responsible for
facilitating the registration processes and the operation of a centralized database of
citizens with the family tree of each person. NADRA is not mandated to determine
nationality; however, NADRA is responsible for issuing Computerized National Identity
Cards (CNICs) to citizens of Pakistan. CNICs act as the most common proof of citizenship
in Pakistan and are necessary to exercise key rights, including voter registration, child
registration, ownership of immovable property and acquisition of travel documents.
Persons who lack other documentary proof can be eligible to apply for a CNIC by
providing any two witnesses who hold CNICs. However, concerns have been raised
about the implementation of this measure. NADRA officials have insufficient
understanding of these governing laws and policies, or appear unwilling to implement
them. Further, members of stateless communities with CNICs frequently report their
cards being suspended or blocked.
24. Stateless communities have suffered from delay and discriminatory policies vis-à-vis
documentation and legal identity. Despite provisions to regulate access of citizenship by
birth, a huge gap remains in terms of implementation of the law with respect to stateless
communities. The digitization of CNICs in Pakistan results in more stringent
requirements of registration, which increased discrimination against the Bengali, Bihari
and other communities, who have limited access to documentation, if any. Bihari and
Bengali communities that are entitled to documentation remain largely discriminated
against and excluded from registration processes. Moreover, Bengalis and Rohingyas
have endured regular harassment by the police for bribes and arrests as these
communities are denied computerized National ID Cards.56
25. Stateless people face varied forms of discrimination depending on the ethnic group they
belong to. Even though the nationality law provides that any person with documents
that prove domicile in Pakistan before 1971 and subsequent policy 1978, can acquire
citizenship, it is estimated that at least 70% of the Bengali speakers in Pakistan do not
have identification documents and among them thousands have had to register as
‘aliens’ after the introduction of the digitization process.57 In July 2021, the Government
of Pakistan announced that under the Alien Registration Rules 2021 (Rules 2021), Alien
Registration Cards (ARC) would be issued to foreigners and immigrants to facilitate and
55
Ibid.
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 1, 2022.
57 Khaula Jamil, “Women behind the Lens: ‘She Dreams of Competing Outside Pakistan but It’s Hopeless,’” The
Guardian, sec. Global development, (Online, 11 March 2022),
<https://www.theguardian.com/global-development/2022/mar/11/women-behind-the-lens-khaula-jamilbangladeshi-pakistan-gymnastics> accessed July 13, 2022.
56
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