in 116 such camps, of which the biggest and most famous is ‘Geneva Camp’ in Dhaka. A further 100,000
lived outside the camps at the time.37 Currently, 70 of these camps in 13 regions in Bangladesh are
occupied.38 In general, the living standards in these camps are poor, with inadequate housing, poor water
and sanitation, high levels of poverty and unemployment and poor access to education.39
21. The general discrimination faced by members of this minority group in accessing their rights, is a concern
that remains unaddressed by Bangladesh. Despite being formally recognised as Bangladeshi citizens, the
Urdu speaking community continues to face challenges in accessing documentation and proof of
citizenship. In particular, members of this community faced challenges in accessing birth certificates for
their children and passports to travel abroad.40 Barriers to accessing birth certificates undermines the
child’s right to an identity, birth registration41 and nationality which is enshrined in Article 7 of the
Convention on the Rights of the Child. Due to the support of community paralegals, many members of
this community have been able to obtain birth certificates.42 However, many continue to be denied
passports, for various reasons including their ‘refugee camp’ address and their inability to therefore
provide proof of ownership of property or permanent residence.43
Law reform – The 2016 Draft Citizenship Bill
22. In February 2016, the Cabinet of Bangladesh presented a draft citizenship bill, to be debated and adopted
through a parliamentary procedure. The co-submitting organisations have learnt that this bill is due to be
debated in parliament imminently, and therefore raises concern regarding some of its provisions.
23. Firstly, the bill does not protect every child’s right to acquire a nationality, particularly where the child
would otherwise be stateless, and it does not contain any safeguard against statelessness. Consequently,
the bill fails to adhere to Bangladesh’s obligations under Article 7 of the Convention on the Rights of the
Child, which states as follows:
1. The child shall be registered immediately after birth and shall have the right from birth to a
name, the right to acquire a nationality and. as far as possible, the right to know and be cared for
by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national
law and their obligations under the relevant international instruments in this field, in particular
where the child would otherwise be stateless.
24. The bill grants citizenship to all persons whose mother or father is Bangladeshi, whether they are born
on the territory (citizenship by birth) or abroad (citizenship by descent). However, the bill discriminates
against those born abroad, undermining their right to nationality and leaving them at risk of statelessness,
both in terms of acquisition of nationality and revocation of nationality. Sections 5.2.a & b of the draft bill
for example, state that a child born abroad to a Bangladeshi parent shall not be a citizen if his or her birth
37
Onchita Shadman and Roland Schönbauer, How a Bangladesh court ruling changed the lives of more than 300,000 stateless
people, 23 February 2015, available at http://www.unhcr.org/news/latest/2015/2/54ec22869/bangladesh-court-ruling-changedlives-300000-stateless-people.html
38 See Minority Rights Group International: Bangladesh-Biharis, available at http://minorityrights.org/minorities/biharis/.
39 Khalid Hussain, Biharis: On Becoming Citizens of Bangladesh, ASIA-PACIFIC HUMAN RIGHTS INFORMATION CENTER – FOCUS, March 2016,
available at https://www.hurights.or.jp/archives/focus/section3/2016/03/biharis-on-becoming-citizens-of-bangladesh.html
40 Ibid.
41 The right to a birth certificate is necessarily implied into the right to immediate birth registration, as it is the birth certificate that
provides the substance to the right to birth registration - Paula Gerber, Andy Gargett and Melissa Castan, ‘Does the Right to Birth
Registration Include a Right to a Birth Certificate?’ (2011) 29 Netherlands Quarterly of Human Rights 434, 435–36.
42 Khalid Hussain, Biharis: On Becoming Citizens of Bangladesh, ASIA-PACIFIC HUMAN RIGHTS INFORMATION CENTER – FOCUS, March 2016,
available at https://www.hurights.or.jp/archives/focus/section3/2016/03/biharis-on-becoming-citizens-of-bangladesh.html
43 Ibid.
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