SUB-REGIONAL OVERVIEW: SOUTH ASIA
on Bhashan Char, the island has evolved into
a permanent alternative settlement for the
Rohingya population in Bangladesh, despite
major concerns expressed by both the Rohingyas
and international community.2092 As of February
2022, an estimated 19,000 people had been
relocated.2093 In 2023, the population of Bhashan
Char was estimated at 30,000 and counting.2094
Other populations of note
A population of note in Bangladesh is the Urduspeaking (Bihari) community who have resided in
Bangladesh since independence.2095 Historically
the Urdu-speaking community were stateless
with their status as Bangladeshi citizens denied
due to perceived connections to Pakistan. Since
the early 2000’s their citizenship status has
been recognised and community members have
progressively been granted citizenship. However,
the Urdu-speaking community, with a population
size estimated to be 300,000, continues to face
discrimination and marginalisation including
through the denial of passports, physical isolation
in refugee-like camps and denial of services.2096 In
this sense, while the formal citizenship status of
this population has been resolved, Urdu-speaking
populations continue to be impacted by the
legacies of statelessness.2097
Causes of Statelessness
Discriminatory nationality laws
As outlined in the Myanmar chapter, the
statelessness of the Rohingya community is
largely caused by ethnic discrimination embedded
in the citizenship laws of Myanmar.2098 Urduspeaking ‘Bihari’ communities were excluded
from accession to Bangladeshi citizenship until
court intervention in 2008 due to discriminatory
interpretations
of
the
citizenship
law.
188
SUB-REGIONAL OVERVIEW: SOUTH ASIA
Conceptions of the Urdu-Speaking community as
owing allegiance to or ‘belonging’ to Pakistan led
to their denial of rights under amendments to the
Bangladeshi citizenship laws that were introduced
in 1978.2099
While 2009 amendments to The Citizenship Act
removed the gender discriminatory provisions
which denied women the equal right to pass
citizenship to their children, the Act2100 still
contains provisions which deny women the equal
right to confer citizenship to a foreign spouse.2101
The Act contains a provision allowing foreign
women married to a Bangladeshi man to apply
for naturalized citizenship through a simplified
process2102, yet there is no such provision allowing
the same for foreign men married to Bangladeshi
women. In particular, due to the government
banning
marriages
between
Rohingyas
and citizens, their marriages as a result are
unregistered, potentially leaving their children
open to statelessness.2103
stateless status was gained before their arrival
in Bangladesh, it is this ‘paradigmatic policy
shift’2107 that has compounded intergenerational
statelessness among their children born in the
country. In 2020, it was estimated that more
than 75,000 Rohingya children had been born in
the Cox’s Bazaar Refugee camp since 2017.2108 In
April 2022, it was reported that an official count
found that on average 95 children were born per
day to Rohingya parents in refugee camps,2109
accounting for this, an additional 70,000 stateless
children may have been born in Bangladesh in the
past two years.
Bangladesh’s birth registration rate was reported
as 56% as of 20192110, increasing to just 58% in
2022.2111 Innovations to the CRVS model in 2021
contributed to increasing the birth registration
rate to 83% in the first quarter of 2023.2112 The
Committee on the Elimination of Discrimination
against Women has noted that women and
children in the Rohingya community experience
lower rates of birth registration, placing
them at risk of statelessness.2113 Local private
entrepreneurs involved in the data entry process
have been reported to charge informal fees for
facilitating the data entry of an application for
registration.2114
In April 2022, it was reported that an official count
found that on average 95 children were born per day
to Rohingya parents in refugee camps, accounting
for this, an additional 70,000 stateless children may
have been born in Bangladesh in the past two years.
Lack of legal safeguards against
childhood statelessness
On the face of the law, the jus soli provision
of Bangladeshi citizenship law would provide
foundling children and children born to stateless
parents access to citizenship.2104 However, due
to lack of implementation of Bangladesh’s jus
soli provisions, citizenship is predominantly only
gained via descent as children born in Bangladesh
are typically only granted citizenship if they have
at least one Bangladeshi citizen parent.2105
Administrative barriers
Administrative and policy practices have led to
the citizenship laws of Bangladesh shifting in
application from jus soli to jus sanguinis in their
application.2106 While the majority of stateless
persons in Bangladesh are Rohingyas whose
STATELESSNESS ENCYCLOPEDIA ASIA PACIFIC (DETAILED VERSION)
REPORT 2024
189
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