STATELESSNESS
30
FMR32
The end of Bihari statelessness
Khalid Hussain
Approximately 160,000 stateless Biharis live in 116
makeshift settlements in Bangladesh. Despite recent
developments in voter and ID registration, they continue to
live in slum-like conditions, facing regular discrimination.
education and health-care facilities
hampers community development.1
Some of the camp residents,
particularly the younger ones, have
been struggling for years to be
UNHCR/G M B Akash
The people known in Bangladesh
as ‘Biharis’ or ‘stranded Pakistanis’
are the Urdu-speaking descendants
of Muslims who lived in different
Indian provinces but mostly in Bihar
and who, at India’s partition in 1947,
for Bangladeshi citizens – giving
access to 22 basic services.
The lack
of basic
services,
such as
toilets,
washing
facilities
and garbage
disposal and
drainage
systems,
contribute to
the appalling
conditions
faced by
Biharis living
in the Dhaka
settlements.
moved to what became East Pakistan.
Following the war between West
Pakistan and East Pakistan, when
East Pakistan became Bangladesh in
1971 the Biharis were left behind. As
many of them were thought to have
supported West Pakistan in the war,
they were unwelcome in Bangladesh,
were treated as stateless and have
faced discrimination ever since.
The Bihari camps are mainly in
urban areas and are beset by severe
overcrowding, poor sanitation and
lack of basic facilities. The slumlike conditions in these settlements
have worsened over the years as
the population has grown. With
inadequate provision for clean water,
waste disposal and sewage systems,
there are chronic hygiene problems.
Camp residents face discrimination
in the job market and a severe lack of
recognised as Bangladeshi citizens.
Over the last eight years they have
filed two petitions with the High
Court demanding voting rights. Ten
young residents of Geneva Camp
filed the first petition in 2001. The
High Court declared them to be
Bangladeshi citizens and directed
the national Election Commission
to include their names in the list of
voters. Subsequently, the Election
Commission included not only the
names of the original ten on the list
but also the names of residents of
other camps. After 1 January 2007,
when a new caretaker government
was formed in Bangladesh,
that list was declared null and
void and a newly reconstituted
Election Commission was given
responsibility for preparing a fresh
list of those eligible to vote and for
issuing national identity cards –
A three-member delegation from the
camps, including a member of the
Association of Young Generation
of Urdu-Speaking Community,
Geneva Camp, met the Chief Election
Commissioner of Bangladesh in July
2007 and submitted a petition for the
inclusion of camp residents in the
new list of voters. On 6 September
2007, the government agreed to
give citizenship to those Urduspeaking Biharis born after 1971
or who were under 18 years at the
date of the creation of Bangladesh.
In November 2007, twenty-three
eminent academics, journalists,
lawyers and human rights activists,
in a joint statement, urged the
government to offer citizenship
rights, in line with the country’s
constitution, to all Urdu-speaking
people in camps in Bangladesh.
In August 2008, the Election
Commission began a drive to register
the Urdu-speaking communities in
the settlements around Bangladesh.
This was an important first step
towards integrating these minority
communities into Bangladeshi
society. Over several days, the
Commission employed enumerators
to take forms from door to door,
registering hundreds of people
each day. Now all camp residents
are Bangladeshi citizens and all
of them have National ID cards.
Unmet needs
Despite recent progress in voter
and ID registration, however, 37
years of non-recognition have left
the Biharis living in abject poverty
and vulnerable to discrimination.
They are still denied access to a
Bangladeshi passport. Mustakin,
a resident of Geneva Camp,
explained: “Last September, I paid
2000 Taka [US$29] for a passport
but I wasn’t given it, even after
showing my national ID card.”2 In
response, Abdur Rab Hawlader,
director general of the Department
of Immigration and Passports,
said that his department “did not
receive any instruction from the