Equality and Non-Discrimination 7. In 2008, in the landmark decision of Md. Sadaqat Khan and others v Chief Election Commissioner (60 DLR), the High Court Division reaffirmed that all members of the Urduspeaking community were nationals of Bangladesh in accordance with its laws. The court directed the Election Commission to enroll the petitioners and other Urdu-speaking people in the electoral rolls and give them National Identity Cards without any further delay. 8. The Election Commission very swiftly issued National Identity Cards to every member of the Urdu-speaking community who applied and who met the legal and administrative requirements. The Urdu-speaking community can no longer be viewed as stateless or refugees, as they are considered to be nationals of Bangladesh. As per Article 6 of the Constitution they are “Bangalis” or “Bangladeshis” not “Biharis” or “Stranded Pakistanis.” They are entitled to apply for administrative and judicial remedies in accordance with the laws of Bangladesh, in the same manner as any other Bangladeshi citizen. 9. The Bihari Urdu-speaking community is Bangladeshi according to the citizenship law as well as the Constitution of Bangladesh and several court verdicts. Despite this legal backing, however, the state perpetually violates the fundamental, citizenship and human rights of the community. Passports 10. All the Bihari-Urdu Speaking Camp dwellers are citizens of Bangladesh and have National Identity Cards. However Biharis are citizens without full access to the related rights and benefits. In June 2013 Council of Minorities and NAMATI jointly started a community based paralegal project inside the Bihari Camps in several cities across Bangladesh. At the beginning of our project our paralegals helped the camp dwellers to apply for birth certificates, national identity cards, passports, and trade licenses. However, passport applications were rejected by the investigation officers due to the camp address, which is often how members of the Urdu-speaking community are identified. Verification officials also informed the paralegals that they have an internal written letter from the Home Ministry that Rohingya and Biharis are not able to get passports. 11. On 11 August 2014 we filed a Right to Information petition to the Home Ministry to ask what policies exist regarding issuing passports to the Bihari camp dwellers. After followup and the involvement of the Information Commission, we received a copy of a 2009 order from the Home Ministry that stated Bihari camp dwellers who have national identity cards can get passports. After receiving this order, paralegals again assisted community members in re-submitting the rejected passport applications. Investigation officials visited applicants in inside the camp and said “you do not have any permanent address, gas, water and electricity bill so I am not going to write a positive report for you” then our paralegals showed him the Home Ministry order. As a result two clients residing in Market Camp (Dhaka) received passports. 12. However, around the same time a client from Geneva camp re-applied for a passport for the 2nd time and even after showing the Home Ministry order the investigation officer said “I am not going to issue passport to you because you are living inside the camp and you do not have any gas, water and electricity bill.” He also mentioned that he had not received this Home Ministry order directly so the order is not acceptable for him. 3

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