The biggest mass-disenfranchisement
of the 21st Century
Joint Statement: 125 Civil Society Organisations condemn the exclusion
of 1.9 million people from the Assam NRC and call for urgent action to
protect everyone’s right to a nationality
On 31 August 2019, after a long-drawn out process, the final
version of the Assam National Register of Citizens (NRC) was
published. 31,121,004 residents of Assam were included in the
NRC and therefore recognised as citizens, whereas 1,906,657
residents – approximately 6% of the population of Assam - were
excluded, pushing them to the brink of statelessness.
Further to a 2014 Supreme Court Order, in 2015, the Assam state
government announced it would initiate a process of updating
the NRC, requiring every person in Assam who claimed Indian
citizenship, to submit proof of their ancestry (or birth) in the
country pre-dating 1971, the year that Bangladesh was formed.
This process arose out of a history of xenophobia and
discrimination against both Indian and non-Indian migrants of
Bengali ethnicity, with Muslim Bengalis being the most
disproportionately impacted. Women who are less likely to be
literate or have documentation due to societal prejudices and
norms and their children have also been excluded. The immense
pressure that this process has placed on individuals and their
families, including the cost of applying and appealing, the loss
of work, the strain on family life, the emotional and
psychological impact, the loss of liberty through detention and
the rise in hate-crimes and hate-speech, is extremely worrying.
Local NGOs have reported that the NRC process has already
claimed the lives of a number of people who have died by
suicide.
The failure to implement adequate procedural safeguards and
the consequent arbitrariness of the NRC process has also been a
significant concern. Further, while India claims that those
excluded from the NRC are not yet stateless, they are undeniably
at extreme risk of imminent statelessness, as they have
effectively been stripped of their citizenship, with a 120-day
window to appeal. International law prohibits the arbitrary
deprivation of nationality and obligates states to avoid
statelessness, while guaranteeing the right of every child to
acquire and preserve their nationality and to be protected from
statelessness.
Despite mounting evidence that this process would result in a
human rights and humanitarian catastrophe and repeated calls to
action by UN human rights mechanisms, including a number of
special procedures mandate holders, the failure of the
international community over the last two years, to exert
sustained pressure on India to reverse the process, shows that
little has been learnt from the Rohingya crisis or the many crises
before.
Signatories:
Advocates for Non-Discrimination and Access to
Knowledge (ANAK) (Malaysia)
African Centre for Justice and Peace Studies (ACJPS)
Agora Society (Malaysia)
All India Union of Forest Working People
Alliance for Social Dialogue - Social Science Baha (Nepal)
Amnesty International
Anti-Discrimination Centre Memorial
Asia Pacific Refugee Rights Network (APRRN)
ASKV Refugee Support (Netherlands)
Association des jeunes formateurs (AJFACE)
Baghdad Women’s Association
Benet Lobby Group (Uganda)
Beyond Borders (Malaysia)
Borneo Komrad (Malaysia)
Boston University International Human Rights Clinic
Botswana Labour Migrants Association
Canadian Centre on Statelessness
Caribbean Institute for Human Rights (ICADH)
CEDESO (Republica Dominicana)
Center for Justice and International Law (CEJIL)
Centre de Développement Soutenable (CEDESOU) (Haiti)
Centre for Advancement of Development Rights (CEADER)
Centre for Peace and Justice, BRAC University
(Bangladesh)
CF “Right to Protection” (Ukraine)
Clínica Jurídica de Migrantes y Refugiados, Universidad
Diego Portales
Coalition de la Société Civile Ivoirienne contre l’Apatridie
Conscience International Sierra Leone
Conseil National des Femmes de Madagascar (CNFM)
Consonant (UK)
Council of Minorities (Bangladesh)
Cross Cultural Foundation (Uganda)
Defence of Human Rights and Public Services Trust
(Pakistan)
Development and Justice Initiative (India)
Development of Human Resources for Rural Areas
(DHRRA) (Malaysia)
East Forum Foundation
Elom Empowerment
European Network on Statelessness
FACES Pakistan