13. Then in 2015 we assisted this Geneva Camp client to re-apply for a passport an additional
5 times. Each time the investigation officer rejected the application due to the applicant’s
camp address and not having gas, water and electricity bills, which afflicts all camp
residents. These rejections occurred despite showing the positive order from the Home
Ministry. After that we have submitted a complaint to the National Human Rights
Commission (NHRC) on 5th April 2015. Since April 2015 the NHRC has issued seven
letters to the Home Ministry and copied Khalid Hussain of Council of Minorities. However,
until now there is still no response from Home Ministry to resolve the passport issues.
Camp residents have national ID cards and their names enlisted in the voter rolls, but
they do not enjoy their fundamental rights in Bangladesh.
Birth Certificates
14. State practice in the issuance of other citizenship-related documentation, such as birth
certificates, also varies and can be discriminatory. Paralegals have assisted several
thousand camp dwellers apply for birth certificates since the program began. However,
starting in late 2013, clients in the Mirpur area of Dhaka started facing rejection at the
City Corporation office. Authorities cited several reasons for their decision – including
internal instructions that prevent the issuance of birth certificates to “non-Bengalis” or the
client’s lack of proof of address. Others were encouraged to pay extra (a bribe) for urgent
processing, since officials claimed “normal” processing may take up to six months.
However, with the data and experience from other paralegal centers, we could show both
that other Urdu-speaking camp dwellers were receiving birth certificates and that the
average processing time was approximately 17 days. Using this data, the issues were
brought to the attention of Mirpur authorities. Following several rounds of negotiations,
the local officials agreed to process birth certificate applications according to the law –
including for camp residents. While a negotiated solution was possible, this situation
illustrates the vulnerability to discrimination and arbitrary state practice faced by the Urduspeaking community.
15. Without equal access to or recognition of their documentation, Urdu-speakers cannot
access their full citizenship rights and struggle to gain access to basic services, including
financial services and education. A birth certificate, for example, is a pre-requisite for
school enrollment.
16. Discrimination and a history of marginalized compounds the other rights issues outlined
below.
Right to Work
17. The fundamental rights of the Constitution of the Peoples Republic of Bangladesh says,
in part, “There shall be equality of opportunity for all citizens in respect of employment or
office in the service of the republic”. For Biharis, this clause is not always a reality.
18. Equal access to employment was cited frequently as a right the community cannot
access. Not only are Urdu-speakers typically denied all government positions but due to
their camp address and undefined status, wider discrimination in the job market remains
a prime concern. Indeed, those who do find formal employment often face wage
discrimination and inequality of treatment. As a result the vast majority are pushed into
the informal sector, working as rickshaw-pullers, drivers, butchers, barbers, and
mechanics and craft workers, earning meager wages. Bihari camp dwellers are living
under poverty line. Due to poverty and state discrimination they don’t have any access to
education, health care and economic development. They have large family members and
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