to people in the nearby area. There are thirty nine camps populated by seventy
thousand people in Mirpur. The National Housing Society is now planning to demolish
all structures in the camps. Not being able to stop the demolition order, the
community leaders petitioned to the Supreme Court in 2001 to stop the demolition
of their houses and other properties; the court issued an injunction order to the
National Housing Society in the same year.
13. Similar trends are also noticeable in other places inhabited by this community. During
the 2001 to 2012 period, nine petitions were filed on behalf of Biharis in different
camps (Mirpur, Syedpur, Geneva, Mymensingh Patgudam, Adamjee Nagar, and
seventy other camps) asking the court to stop any eviction in the camps before
rehabilitation is done. After a long period of hearings, a bench of the High Court
Division of Bangladesh Supreme Court issued a judgment on 29 March 2016
withdrawing all injunctions and stay orders and instructing the concerned
government authority to take steps for the rehabilitation of those who live in the
camps and have a national identity card. Despite this High Court verdict, on May 2017
Dhaka North City Corporation evicted Kashmiri Mohallah Camp in Section-11 Mirpur
and in August 2017 they evicted two more camps in Pallabi, Mirpur. Now the camp
residents are living under the open sky.
Risk of Statelessness
14. In February 2016 the Cabinet approved the Draft Citizenship Law 2016 and we
understand that the matter is under the consideration of the Parliament. The draft
law contains provisions that are of grave concern which may lead to a situation where
the Urdu-speaking community or other current Bangladeshi citizens could become
stateless. Section 3 of the draft citizenship bill says: “Prominence of the Act.
Notwithstanding anything contained in any other Act, Legal Instrument, Judgment
Decree etc., the provisions of this Act shall prevail”. The concern is that this section
may be able to override the 2008 judgment that confirmed the citizenship of the
Urdu-speaking community. This provision is also contradictory to Article 102 of the
constitution of Bangladesh. Other provisions of the draft bill, including those that
would strip nationality from a Bangladeshi based on any action his/her parent or
grandparent may have taken as “enemies of the state” also risk introducing arbitrary
application of the law and unchecked discretion of officials involved in nationalityrelated matters.
Conclusion
15. Nearly 50 years since Bangladesh’s independence, the Biharis are now recognized as
citizens but remain stranded in neglected encampments with few economic
opportunities to improve their status. Many young Biharis have embraced Bangladesh
as the only home they know and desire integration in Bangladeshi society. They seek
jobs, education, safe living conditions, and the same rights and protections that other
Bangladeshi citizens are afforded. International and domestic NGOs should continue
to support the Bihari community as they pursue social, political, and economic
advancement as full citizens of Bangladesh.
16. A tolerant attitude is one of the most important elements to reduce the discrimination
against the Bihari community. We propose that the government of Bangladesh
establish a rehabilitation trust fund to mobilize funding from international
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