SOLVING STATELESSNESS
also acknowledged by the Bangladeshi Supreme Court in 2008,
when it ruled that members of the Urdu-speaking minority, who had
been treated as stateless for more than 30 years, had in fact been
Bangladeshi nationals since independence. In its judgment, the Court
observed that, “[b]y keeping the question of citizenship unresolved on
wrong assumptions over decades, this nation has not gained anything
– but rather was deprived of the contribution they could have made in
nation building”.31
Although the worlds of statelessness and development have rarely
come together in the past, the evidence shows that statelessness is a
problem from a development perspective. A positive step is that the
development, human rights and humanitarian worlds have recognised
the need to better complement each other in the future. The UN
High Commissioner for Human Rights, in an open letter on human
rights and the post-2015 development agenda stated that, “[…] the
Post-2015 Agenda must be built on a human rights-based approach
[… I]t means explicitly aligning the new development framework
with the international human rights framework – including civil,
cultural, economic, political and social rights, as well as the right to
development. In essence, it means deliberately directing development
efforts to the realization of human rights.”32 The High-Level Panel
of Eminent Persons on the Post-2015 Development Agenda also
highlighted the importance of ensuring that “no person – regardless of
ethnicity, gender, geography, disability, race or other status – is denied
universal human rights and basic economic opportunities”.33 Finally,
commitments to transcend the humanitarian-development divide,
made by the UN Secretary-General and eight United Nations agencies
at the first World Humanitarian Summit in May 2016, acknowledge the
historic opportunity presented by the adoption of the 2030 Agenda,
“under which both humanitarian and development actors can work
together to ensure the safety, dignity and ability to thrive of the most
vulnerable”.34
31
32
33
34
Bangladesh Supreme Court, Writ Petition No. 10129 of 2007, Md. Sadaqat
Khan (Fakku) and Others v. Chief Election Commissioner, Bangladesh Election
Commission, 18 May 2008.
UN High Commissioner for Human Rights, Human Rights in the Post-2015
Agenda, 2013.
The High-level Panel of Eminent Persons on the Post-2015 Development
Agenda, supra n3, Executive Summary.
World Humanitarian Summit, Transcending humanitarian-development
53