Bangladesh
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Statelessness affecting the Urdu-speaking minority was resolved as a result of sustained community-based
advocacy, a successful litigation strategy and lobbying for the implementation of court decisions
upholding the Bangladeshi citizenship of this group.
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National advocacy was bolstered by increasing pressure from the international community to reduce
statelessness among the Urdu-speakers.
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UNHCR played an important liaison role between national campaigners, the international community
and the Government of Bangladesh. UNHCR’s awareness-raising activities encouraged other UN actors,
including the UN Country Team, to work to reduce statelessness among the Urdu-speakers.
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A landmark High Court ruling and a favourable political environment led to the prompt implementation
of the court’s decision and the allocation of resources to ensure that Urdu-speakers were registered in the
voter rolls and received national identification cards.78
Statelessness among the Urdu-speakers
The Urdu-speaking community of Bangladesh, also
known as the “Biharis”, is a linguistic minority that
was excluded from the body of citizens upon the
creation of the independent State of Bangladesh
in 1971. The Urdu-speakers comprise individuals
who emigrated from India at the time of partition
to settle in the then East Pakistan, as well as their
descendants. During Bangladesh’s Liberation War,
some Urdu-speakers sided with Pakistan. As a result,
all Urdu-speakers in Bangladesh faced violence
and were forced to convene in camps run by the
International Committee of the Red Cross. Whereas
some 100,000 Urdu-speakers were repatriated to
Pakistan,7 more than 100,000 remained, mostly in the
camps, which turned into permanent settlements.
The community then entered a cycle of poverty
and exclusion from mainstream Bangladeshi society.
By 2006, it was estimated that there were 151,000
Urdu-speakers in 116 camps and settlements in
Bangladesh, with approximately 100,000 additional
Urdu-speakers living outside camps throughout the
country.
Although the Urdu-speakers qualified for Bangladeshi
citizenship pursuant to the relevant laws in force,8
in practice, from 1971-2008, the Bangladeshi
authorities refused to consider the remaining
Urdu-speakers in Bangladesh as its nationals. Urduspeakers were systematically excluded by the
Government from exercising many of the rights
accorded to Bangladeshi citizens, including national
identity documents and education, as well as other
basic services.
The fact that the Urdu-speaking community was
entitled to Bangladeshi citizenship by law but denied
it in practice meant that any change in the situation
would require a fundamental shift in Government
7
Only a portion of Urdu-speakers who registered to repatriate to Pakistan were eventually repatriated pursuant to tripartite agreements between
India, Pakistan and Bangladesh in 1973 and 1974.
8
According to the Adaptation of Existing Bangladesh Laws Order of 1972, all pre-existing laws were to remain in force, meaning that the Pakistani
Citizenship Act of 1951 governs nationality. This law confers Bangladeshi citizenship on every person born in Bangladesh after independence
or born to a father who is a citizen of Bangladesh. Further, the Bangladesh Citizenship (Temporary Provisions) Order of 1972, also known
as the President’s Order, confirmed as Bangladeshi citizens all those who were resident in Bangladesh at the time of independence and
continued to reside in Bangladesh, without any ethnic or linguistic distinctions, in addition to those who were born in Bangladesh or whose
father or grandfather was born there. Please see Pakistan Citizenship Act, 1951 (Bangladesh) [Bangladesh], II of 1951, 13 April 1951, available at:
http://www.unhcr.org/refworld/docid/3ae6b52a8.html; and Bangladesh Citizenship (Temporary Provisions) Order, 1972 [Bangladesh], 149 of 1972,
26 March 1971, available at: http://www.unhcr.org/refworld/docid/3ae6b51f10.html.
9
CAMPAIGN TO END STATELESSNESS WITHIN 10 YE ARS