provide access to basic rights and some form of documentation. However, the provision
of rights is limited and people with “Afghan Nationality” are specifically left out of the
scope of the same.
26. In the year 2000 the National Alien Registration Authority (NARA) was created with the
mandate of registering immigrants and foreign residents in Pakistan. Since 2000, many
Bengalis with valid Pakistani ID cards and passports have been forcefully issued NARA
(alien) cards, thereby stripping their citizenship.58
Case Study (see annex I for full case study)
27. Ayesha Begum (pseudonym) is a 77-year-old woman who resides in Machar colony,
Karachi and has three sons and four daughters. Approximately 10 years ago, one of her
sons, who worked in the fisheries at the time, was forcefully registered in the NARA
Database after unlawfully being detained by the police. Consequently, the entire
family’s government issued identity documents were blocked and cancelled. After
writing multiple follow up letters and making in-person visits to NADRA offices, in June
2022, Ayesha Begum was successfully issued a renewed CNIC with lifetime validity. One
of her sons, who was cleared, was able to submit his data-form at NADRA and now
awaits processing. As for the rest of Ayesha Begum’s family, their CNICs are still digitally
impounded and cannot be renewed.
28. Under the Foreigners Amendment Ordinance 2000, the NARA card was intended as a
rights-conferring document through which foreigners would be allowed to work in
Pakistan. Its mechanism asserts that an individual is to register themselves, voluntarily.
Therefore, the forced issuance of the card itself, to an individual who is a Pakistani
citizen, is unlawful, and has resulted in effect, in the stripping of their Pakistani
nationality.
Issue II Child’s Right to a Nationality
29.
Every child has the right to acquire and preserve their nationality without
discrimination. Having a nationality is in the best interests of the child, and is essential
for the child’s protection and to ensure they can develop to their full potential. Without
a nationality, children are often denied access to other fundamental rights such as
education and health care. As adults, they cannot open a bank account, cannot marry or
vote, and are forced to work in the informal sector. And when they have children of their
own, the children often inherit the same status. Their lack of nationality results in an
intergeneration cycle of poverty and exclusion. Pakistan must comply with Article 7 CRC
to provide for the right of every child to be registered immediately after birth and
acquire a nationality, and Article 8 to respect the right of the child to preserve his or her
identity, including nationality. Even though the PCA recognises jus soli acquisition of
nationality, legal and administrative barriers, as well as discriminatory practices, prevent
all otherwise stateless children in Pakistan from actually enjoying their right to
nationality.
58
Hajira Maryam, ‘Stateless and Helpless: The Plight of Ethnic Bengalis in Pakistan,’ Al Jazeera, (Online, 29
September 2021),
<https://www.aljazeera.com/features/2021/9/29/stateless-ethnic-bengalis-pakistan>, accessed July 13, 2022.
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