The State of Statelessness
in Bangladesh
An Overview
Zakir Hossain & S.M. Masum Billah
Introduction
Bangladesh emerged as an independent country in 1971. The
Constitution endorses democracy, nationalism, secularism and
socialism as the basic principles of the country. Based on these
principles, Bangladesh pledges to establish an egalitarian society
where every citizen can enjoy fundamental human rights and
dignity. The Constitution prohibits any discrimination on the basis
of race, religion, colour, origin, and other similar considerations.
Despite this aspirational ethos, the country still falls short of these
ideals, particularly in the treatment of its religious, ethnic and
linguistic minority groups.
There are several issues related to the state of ‘statelessness’1
in Bangladesh. Bangladesh has no specific law on statelessness,
and a stateless person in Bangladesh is effectively regarded as a
foreigner.2 However, recent developments suggest that there are
both de jure and de facto situations of statelessness in Bangladesh.
In this research, we will examine the status of a number of excluded
groups from the perspective of statelessness. They include:
1 Statelessness is a contested, multifaceted and complex issue in international
law. The traditional definition categorises a person as stateless if he or she is a
non-citizen everywhere. The experience of statelessness may vary enormously.
It may refer an abject situation of poverty and exclusion not covered by the
traditional definition of stateless. In this work, the term is used in a holistic sense
where statelessness is viewed as both as a cause and symptom of marginalisation.
For a more comprehensive picture, see Victoria Redclift, Stateless and Citizenship:
Camps and the Creation of Political Space (Routledge, 2013).
2 M Rafiqul Islam, ‘The Nationality Law and Practice of Bangladesh’ in Ko
Swan Sik (ed.) Nationality and International Law in Asian Perspective (Martinus
Nijhoff, London, 1990), 23.