Statelessness Working Paper Series No. 2017/02
expelled would be expelled again; on or after 24 March 1971 would be detected, deleted from
electoral rolls and expelled from the territory.109 Thus, the Accord grants citizenship to those who
entered Assam before 1 January 1966 and limited access to citizenship to those who entered after 1
January 1966 but before 24 March 1971. However, anyone entering Assam after 24 March 1971 would
be expelled. It remains unclear where they would be expelled to and what would happen to the status
of their nationality, thus they would most likely be rendered statelessness. By authorising the
detention and expulsion of foreigners, some of whom were once considered lawful citizens, the
Accord is at odds with Article 31 of the 1954 Convention.
3.2 Srimavo-Shastri Agreement between India and Sri Lanka, 1964
The case of stateless Tamils of Indian origin in Sri Lanka had long been a problem in the bilateral
relations between India and Sri Lanka.110 The Srimavo-Shastri Pact was a landmark agreement reached
between the two countries in 1964. The pact agreed to grant nationality to those rendered stateless
following India’s independence. As per the pact, 975, 000 stateless persons would be repatriated or
granted citizenship over the period of 15 years.111 In 1974, a follow-up agreement decided that the
remaining 75,000 persons (with their offspring) would be repatriated to India and the residual 75,000
persons (with their offspring) would be granted Sri Lankan citizenship. However, in 1982, India
informed Sri Lanka that it will no longer entertain any applications for Indian citizenship as the
specified period of 15 years was completed and thus no longer considered the pacts binding. During
this time 86, 000 applications were still pending, while 90, 000 Indian Tamils had been granted Indian
citizenship but were still awaiting repatriation.112 In 1984, repatriations to India ceased as a result of
the inter-ethnic violence.113 This rendered many who obtained Indian citizenship but were not
repatriated to India unprotected. Nevertheless, Sri-Lankan citizenship was granted to stateless
persons of Indian origin in 1988114 and 2003115, which finally resolved the problem of stateless Hill
Tamils in Sri-Lanka in light of the 1954 and 1961 Conventions.
3.3 Land Boundary Agreement between India and Bangladesh
The India-Bangladesh enclaves116 resulted from the Partition of British India, which later led to the
secession of Bangladesh from Pakistan, which hosted thousands of stateless persons. Initial attempts
109
Assam Accord, 1985
Phadnis, U., 'The Indo-Ceylon Pact and the "Stateless" Indians in Ceylon.' Asian Survey, Vol. 7, No. 4, 1967, p.
226
111
Ibid., p. 228
112
World Directory of Minority Rights Group International, 'Sri Lanka- Tamils', available at:
http://minorityrights.org/minorities/tamils/ [accessed 17 November 2016]
113
Ghosh, D.P.S., 'Migrants, Refugees and the Stateless in South Asia,’ SAGE Publications India Pvt. Ltd., New
Delhi, 2016, p. 46.
114
The 1988 Act granted Sri-Lankan citizenship to stateless persons of Indian origin who were lawfully resident
in Sri-Lanka and not within those who applied for Indian Citizenship. Section 2, Grant of Citizenship to Stateless
Persons Act, 1988
115
See Grant of Citizenship to Persons of Indian Origin Act, 2003
116
See Reece, J., 'Sovereignty and statelessness in the border enclaves of India and Bangladesh', Political
Geography Vol. 28 (2009), p. 373
110
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