SUB-REGIONAL OVERVIEW: SOUTH ASIA SUB-REGIONAL OVERVIEW: SOUTH ASIA The CERD Committee highlighted the issue of lack of identity documents among Gypsies (Roma) in Pakistan, which has resulted in their lack of access to “employment, social protection benefits, health-care services, education and other public services”. gender equality in nationality laws, expand the interpretation of Pakistan’s jus soli provision, and to ensure equal implementation of its citizenship laws to prevent statelessness among Bengali, Bihari, Rohingya and other stateless groups.2337 vulnerable to abuse, trafficking, and religious radicalization.2328 The CRC Committee was also concerned about children from Bengali, Bihari, and Rohingya communities who remain stateless and about the “lack of a legal framework for refugees and stateless persons”.2329 Pakistan was recommended to adopt a national refugee law, ensure that all children born to refugees are registered at birth, include such children in national and provincial education systems, and “ensure the equal implementation of its citizenship laws to extend citizenship to Bengali, Bihari and Rohingya children”.2330 In 2020, UNHCR partnered with a national partner in Pakistan to implement UNHCR Pakistan’s Protection and Solutions Strategy 2019-2021.2338 The Strategy was intended to implement interventions including improving access to services and rights by granting Pakistani citizenship, “sensitization of diverse stakeholders”, and advocating for Pakistan to accede to the Statelessness Conventions.2339 These interventions included providing legal advice to affected individuals on how to acquire identity documentation.2340 As a result, a significant number of people have been able to obtain identity documentation.2341 However, Pakistan has yet to accede to the Statelessness Conventions. TABLE 60 Reported stateless persons to the UNHCR Country Pakistan 2019 (year start)2347 2020 (year end)2348 2021 (year end)2349 2022 (year end)2350 – – 47 55 Source: UNHCR, Global Trends: Forced Displacement from 2019-2022. The CERD Committee highlighted the issue of lack of identity documents among Gypsies (Roma) in Pakistan, which has resulted in their lack of access to “employment, social protection benefits, health-care services, education and other public services”.2331 The Committee further recommended that Pakistan provide information on the situation of this population in its next periodic report.2332 In its concluding observations in 2020, the CEDAW Committee expressed concern regarding the extra conditions placed on Pakistani women conferring citizenship to a foreign spouse compared to Pakistani men.2333 The Committee recommended that Pakistan amend section 10 of the Citizenship Act to ensure gender equality in nationality laws2334, which Pakistan is obligated to under its ratification of CEDAW.2335 It was further recommended that Pakistan accede to the Statelessness Conventions.2336 In a joint UPR submission made in 2023, the cosubmitters also recommended that Pakistan accede to the Stateless Conventions, as well as amend section 10 of the Citizenship Act to ensure 210 These interventions included providing legal advice to affected individuals on how to acquire identity documentation. As a result, a significant number of people have been able to obtain identity documentation. Population Reported stateless persons There is a lack of reliable statistics on the stateless population in Pakistan as estimates by government agencies vary widely.2342 Pakistan reported a population of 55 stateless persons to UNHCR in 2022.2343 Statelessness is prevalent among ethnic Bengalis, Afghan refugees, Urduspeaking Biharis and Rohingyas2344, with unofficial stateless population estimates contrasting greatly from the government-reported number at as high as 3 million people (comprising approximately 2 million ethnic Bengalis and as many as 1.4 million Afghan Refugees).2345 Pakistan also hosts a large number of undocumented persons, of which many are stateless or at risk of statelessness.2346 STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION) Persons at risk of statelessness The Hazara ethnic minority community in Pakistan has previously faced discrimination in receiving passports.2351 However, in 2023, the Supreme Court, as a response to growing protest from the Hazara community ruled that all children born in Pakistan have the right to citizenship by birth.2352 Previously, the Hazara community were required to get a signature from a member of the National Assembly in order to be issued a passport.2353 Over 6 million people of the Hazara ethnic group reside in Pakistan.2354 The Gypsy (Roma) community may also be at risk of statelessness in Pakistan due to lack of identity documentation and access to services.2355 Both Rohingya and Afghan refugees have been excluded from efforts to provide Pakistani citizenship to stateless persons.2361 Afghan refugees in Pakistan have experienced harassment and discrimination as well as a lack of citizenship rights in Pakistan.2362 As many Afghan refugees arrived in Pakistan decades ago, much of the population is experiencing intergenerational statelessness and have been born and raised in Pakistan.2363 However, limited research is available on the current status of Afghan refugees in Pakistan.2364 Both Rohingya and Afghan refugees have been excluded from efforts to provide Pakistani citizenship to stateless persons. Stateless Refugees Undetermined nationalities In 2021 Pakistan reported 47 stateless refugees to UNHCR.2356 However, this figure sits far below reported estimates by independent bodies and journalists of between 55,000 and 500,000.2357 A recent statement by a spokesperson for the Pakistani Foreign Office suggested that as many as 400,000 Rohingya refugees may be in Pakistan.2358 A joint UPR submission for Pakistan highlighted that around 400,000 to 500,000 Rohingya refugees have been reported in the country.2359 Much of the Rohingya population in Pakistan have been impacted by the separation of east and west Pakistan and the subsequent creation of Bangladesh.2360 Bengali speaking and Bihari communities hold an uncertain status in Pakistan, with limited information available on their citizenship status. The community largely consists of persons repatriated to Pakistan following Bangladeshi independence (and their descendants), some of whom hold passports and documentation, yet continue to face discrimination and exclusion.2365 An estimated 3 million Bengali speakers are living in Pakistan, but 70-80% do not hold any identity documentation.2366 The population had been provided with manual ID cards since 1973; however, in the process of digitization of civil registration in Pakistan, Bengali speaking and Bihari individuals were registered as ‘aliens’.2367 While registered as ‘aliens’, they are often denied citizenship under the previous interpretation of Pakistan’s jus soli provision.2368 While the National Assembly has promised to provide legal status to In 2021 Pakistan reported 47 stateless refugees to UNHCR. However, this figure sits far below reported estimates by independent bodies and journalists of between 55,000 and 500,000. REPORT 2024 211