9.
The Supreme Court decision of May 2008 applies to all members of the Urduspeaking community without discrimination. 17 Pursuant to existing domestic legislation,
members of the Urdu-speaking community can apply for a National Identity Card at any
time like any other Bangladeshi citizen. Failure to apply for a National Identity Card does
not preclude the application of the Supreme Court ruling nor entail loss of citizenship
and/or ensuing rights.
Current status
10.
In light of the May 2008 Supreme Court decision and subsequent implementing
measures taken by the Government of Bangladesh, the Urdu-speaking community can no
longer be viewed as stateless, as they are considered to be nationals of Bangladesh.
11.
Despite the fact that pockets of Bangladeshi society resent the role that some Urdu
speakers played in the 1971 Liberation War, many members of Urdu-speaking
communities, including those in the open camps, are living alongside the Bengali
community and speak Bengali. Urdu speakers living in extreme poverty are sometimes
unable to access basic services, either because of the unavailability of such services in
their area, or because they are unable to meet the necessary legal or administrative
requirements applicable to all Bangladeshi nationals (for example, they may lack a valid
address, which is required to acquire a passport); this is not, however, a problem unique
to Urdu speakers in Bangladesh. 18 Although there may be instances where officials,
particularly at the local level, would seek further guidance from their ministries on the
effect and application of the 2008 Sadaqat Khan judgment before resolving a matter
involving Urdu speakers, difficulties in accessing services do not denote a refusal to
recognize Urdu speakers as nationals of Bangladesh.
17
18
United Kingdom Home Office, Country of Origin Information Report – Bangladesh, 25 September
2008, para. 4.72, available at http://www.unhcr.org/refworld/docid/48ede7992.html. The Stranded
Pakistanis General Repatriation Committee (SPGRC) in Bangladesh, members of which have also
registered as Bangladeshi voters, along with a few other small but vocal groups within the Urduspeaking community, are also known to issue identity documents and certificates (for a fee) claiming
that an individual is a member of their organization, is a citizen of Pakistan, or is stateless. These
documents are often presented by individuals making claims for asylum in other countries. However,
such documents have no legal effect and are allegedly not issued exclusively to members of the Urduspeaking community.
The Bangladesh Citizenship (Temporary Provisions) Order of 1972, above footnote 9, provides that
anyone resident in Bangladesh as of 25 March 1971, who continues to reside there and who was (i)
born there, (ii) whose father or grandfather was born there, or (iii) who is not otherwise disqualified
from citizenship, is a citizen. See also Zaheria Shirazi, Urdu-speaking camp dwellers are moving out
of the limbo, above footnote 14:
“And it should not be assumed that only the young voters exercised their newly earned voting
right. TV spots showed that elders including elderly women also voted.”);
and Julfikar Ali Manik, Biharis embark on new era, above footnote 14:
“Seventy-year-old Abdul Sattar, who voted twice before Bangladesh's birth in 1971, was among
those lining up.”
Urdu speakers living in open camps continue to receive free water and electricity from the State; in
addition, at the time of drafting this note, some infrastructural improvements had commenced by the
government and the UNDP programme addressing urban poverty in some of the Urdu-speaking areas.
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