Law or policy reform enabling automatic acquisition of nationality
The political stalemate that delayed the elections presented another opportunity for
a group of Urdu-speakers to go to court to seek a wider ruling that would benefit the
Urdu-speaking community at large, particularly the camp-based population. In the
case of Khan v. Election Commissioner (2008)15 (2008 Khan case), a group of 11 Urduspeaking petitioners residing in two camps in Dhaka filed another petition with the
High Court. The petitioners presented evidence that the Election Commission had
adopted a policy of not enrolling camp-based Urdu-speakers. The court ruled in the
petitioners’ favor. It directed the Election Commission to enroll not only the petitioners
as Bangladeshi citizens eligible to vote, but also all adult Urdu-speaking people living in
camps in Bangladesh. The court also urged the Commission to provide these individuals
with national identity cards without delay.
The resolution of the statelessness status of the Urdu-speakers of Bangladesh was
achieved at a time of political transition in the country. The formation of a caretaker
Government in 2007 presented an opportune moment for the authorities to move
beyond entrenched prejudice against the Urdu-speaking community. It was in this
environment that the 2008 Khan case was pursued in court alongside direct advocacy
with the Government by national NGOs and community organizations.
Multi-level advocacy to implement the decision in the 2008
Khan case
Though strategic litigation in the courts played a catalytic role in resolving the
statelessness status of the Urdu-speaking community of Bangladesh, the eventual
reform of policy that allowed the Supreme Court’s ruling to be implemented was the
result of advocacy by community-based and national actors, as well as the international
community.
Following the decision in the 2003 Khan case, UNHCR boosted its efforts to encourage
policy reform as a means of tackling statelessness among the Urdu-speakers of
Bangladesh. By 2005, UNHCR had approached the Government for discussions on how
to uphold the nationality rights of the Urdu-speaking communities. UNHCR also worked
15
18
Md. Sadaqat Khan (Fakku) and Others v. Chief Election Commissioner, Bangladesh Election Commission, Writ Petition No.
10129 of 2007, Bangladesh: Supreme Court, 18 May 2008, available at: http://www.unhcr.org/refworld/docid/4a7c0c352.
html
U N H C R > G P P A C T I O N 1 : R E S O LV I N G E X I S T I N G M A J O R S I T U AT I O N S O F S TAT E L E S S N E S S