41. 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 some
of 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 nationality-related matters.
Conclusions
42. Following the 2008 High Court judgement, the government did comply in issuing national
identity cards to most camp residents. However, voter enrollment is still low and the
government must do more to treat the Urdu-speaking community members as full
Bangladeshi citizens and provide proper rehabilitation with decorum.
43. 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 Islamic organizations,
bilateral donors and other national and international donor agencies in order to ensure a
safe and secure future for generations of Urdu-speakers in Bangladesh. Let’s remove the
racism; xenophobia and intolerant attitude which will be help full to make our country one
of the most vibrant multi-lingual and multi-cultural country in the world.
Recommendations to the Government of Bangladesh
1. Revise the draft Citizenship Bill 2016 to protect the nationality rights of all Bangladeshis
and prevent the risk of statelessness in Bangladesh
2. Ensure all the judgments of the Supreme Court are honored and implemented by the
Government without delay.
3. Issue an official order to guide the issuance of passports, birth certificates, and other
documentation to the Bihari camp dwellers on an equal basis with other Bangladeshis
and without any hassle of investigation officials
4. The word “language” should be incorporated in Article 28 of the Constitution of the
People’s Republic of Bangladesh to give a sense of protection to the languages of the
linguistic minorities in Bangladesh
5. Government should take some necessary action to rehabilitate the Bihari camp people
with dignity.
6. The government of Bangladesh should stop evictions of Bihari Camps.
7. Provide the quota on education and public service to the Bihari/Urdu-speaking linguistic
minority.
8. Amend the Constitution Article 6 (2) and confirm the constitutional reorganization of all
minorities and indigenous communities of Bangladesh.
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