women’s right to confer nationality on a foreign spouse. However, this proposed reform
has yet to be realised over the past six years.
18. The persistence of gender discrimination in the 1978 Bangladesh Citizenship (Temporary
Provisions) Rules results in violations of Bangladesh’s obligations under international law
and its own Constitution to uphold equality before the law and equality of opportunity.
19. Other UN Treaty Bodies expressed their concerns regarding statelessness in the country.
In 2015, the Committee on the Rights of the Child (CRC) recommended Bangladesh to
increase the birth registration rate as well as access to basic rights for all children,
including the Rohingya. 13 In 2017, the Committee on Migrant Workers (CMW)
recommended Bangladesh to register all children of migrant workers at birth, issue them
personal identity documents and “raise awareness of the importance of birth
registration among migrant workers and their families”, grant Bangladeshi citizenship to
children born prior to 31 December 2008 to a Bangladeshi mother and a non-citizen
father and accede to both Statelessness Conventions.14
Snapshot of Challenges relating to the Right to a Nationality
and Statelessness in Bangladesh
20. According to UNHCR, there were more than 900,000 stateless persons, including forcibly
displaced stateless people, in Bangladesh at the end of 2021.15 There are no reliable
statistics on the stateless population in Bangladesh put forward by the Bangladeshi
government. Various communities- as described below- are subject to statelessness and
the denial of their right to Bangladeshi nationality. The laws of Bangladesh provide for
both jus soli and jus sanguinis citizenship. Under its written law, persons born in the
territory will gain citizenship unless their father is a diplomat or an enemy alien. 16
However, in practice, the citizenship of a child is generally only recognised by the state
if one or both parents are Bangladeshi citizens, shifting the application of the law
towards jus sanguinis.17 Additionally, the law requires that if the parent of the child is a
citizen by descent, and the child is born abroad the birth must be registered for
citizenship to be obtained.18
21. Stateless persons face wide-ranging human rights violations and hardships, including
obstacles to accessing healthcare, social services, formal employment, property rights,
inheritance, freedom of movement, and identity documentation. Stateless persons are
also at a greater risk of human trafficking, arbitrary detention, and lack of access to
justice.
22. The Urdu-speaking community is one of the populations that face major obstacles in
enjoying the right to a nationality. Historically, the Urdu-speaking community was
stateless with their status as Bangladeshi citizens denied due to perceived connections
13
Committee on the Rights of the Child, ‘Concluding Observations on the Fifth Periodic Report of Bangladesh’, (30 October
2015), CRC/C/BGD/CO/5, paras. 34 and 35.
14 Committee on the Protection of the Rights of all Migrant Workers and Members of their Families, ‘Concluding Observations
of the Initial Report of Bangladesh’, (22 May 2017), CMW/C/BDG/CO/1, paras. 39 and 40.
15
UNHCR, ‘Global Trends: Forced Displacement in 2021’, (June 2022), Annex, Table 5, UNHCR - Global Trends Report 2021.
16 The Citizenship Act (1951) Section 10.
17 Ibid, Section 4 and Ridwanul Hoque, ‘Report on Citizenship Law: Bangladesh’, (December 2016), available at:
https://cadmus.eui.eu/bitstream/handle/1814/44545/EudoCit_2016_14Bangladesh.pdf.
18
The Citizenship Act (1951) Section 5.
4