in 116 such camps, of which the biggest and most famous is ‘Geneva Camp’ in Dhaka. A further 100,000 lived outside the camps at the time.37 Currently, 70 of these camps in 13 regions in Bangladesh are occupied.38 In general, the living standards in these camps are poor, with inadequate housing, poor water and sanitation, high levels of poverty and unemployment and poor access to education.39 21. The general discrimination faced by members of this minority group in accessing their rights, is a concern that remains unaddressed by Bangladesh. Despite being formally recognised as Bangladeshi citizens, the Urdu speaking community continues to face challenges in accessing documentation and proof of citizenship. In particular, members of this community faced challenges in accessing birth certificates for their children and passports to travel abroad.40 Barriers to accessing birth certificates undermines the child’s right to an identity, birth registration41 and nationality which is enshrined in Article 7 of the Convention on the Rights of the Child. Due to the support of community paralegals, many members of this community have been able to obtain birth certificates.42 However, many continue to be denied passports, for various reasons including their ‘refugee camp’ address and their inability to therefore provide proof of ownership of property or permanent residence.43 Law reform – The 2016 Draft Citizenship Bill 22. In February 2016, the Cabinet of Bangladesh presented a draft citizenship bill, to be debated and adopted through a parliamentary procedure. The co-submitting organisations have learnt that this bill is due to be debated in parliament imminently, and therefore raises concern regarding some of its provisions. 23. Firstly, the bill does not protect every child’s right to acquire a nationality, particularly where the child would otherwise be stateless, and it does not contain any safeguard against statelessness. Consequently, the bill fails to adhere to Bangladesh’s obligations under Article 7 of the Convention on the Rights of the Child, which states as follows: 1. The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents. 2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless. 24. The bill grants citizenship to all persons whose mother or father is Bangladeshi, whether they are born on the territory (citizenship by birth) or abroad (citizenship by descent). However, the bill discriminates against those born abroad, undermining their right to nationality and leaving them at risk of statelessness, both in terms of acquisition of nationality and revocation of nationality. Sections 5.2.a & b of the draft bill for example, state that a child born abroad to a Bangladeshi parent shall not be a citizen if his or her birth 37 Onchita Shadman and Roland Schönbauer, How a Bangladesh court ruling changed the lives of more than 300,000 stateless people, 23 February 2015, available at http://www.unhcr.org/news/latest/2015/2/54ec22869/bangladesh-court-ruling-changedlives-300000-stateless-people.html 38 See Minority Rights Group International: Bangladesh-Biharis, available at http://minorityrights.org/minorities/biharis/. 39 Khalid Hussain, Biharis: On Becoming Citizens of Bangladesh, ASIA-PACIFIC HUMAN RIGHTS INFORMATION CENTER – FOCUS, March 2016, available at https://www.hurights.or.jp/archives/focus/section3/2016/03/biharis-on-becoming-citizens-of-bangladesh.html 40 Ibid. 41 The right to a birth certificate is necessarily implied into the right to immediate birth registration, as it is the birth certificate that provides the substance to the right to birth registration - Paula Gerber, Andy Gargett and Melissa Castan, ‘Does the Right to Birth Registration Include a Right to a Birth Certificate?’ (2011) 29 Netherlands Quarterly of Human Rights 434, 435–36. 42 Khalid Hussain, Biharis: On Becoming Citizens of Bangladesh, ASIA-PACIFIC HUMAN RIGHTS INFORMATION CENTER – FOCUS, March 2016, available at https://www.hurights.or.jp/archives/focus/section3/2016/03/biharis-on-becoming-citizens-of-bangladesh.html 43 Ibid. 7

Select target paragraph3