Bangladeshi nationality law
Encyclopedia
The nationality law of Bangladesh, entitled the Bangladesh Citizenship Order, governs the issues of citizenship
and nationality
of the People's Republic of Bangladesh.
of the state of Pakistan. In this period, immigration and citizenship were governed by the Pakistani Citizenship Act of 1951
. Following the Bangladesh Liberation War
and the Indo-Pakistani War of 1971
, Bangladesh became an independent state. The primary law concerning nationality and citizenship in Bangladesh is the Bangladeshi Citizenship Order, which was first issued by the President of Bangladesh
on 15 December 1972 and has subsequently been amended over the years by the Parliament of Bangladesh. The citizenship law, to date, accepts any clause included in the erstwhile Pakistani nationality law
till 1971, unless amended otherwise.
during the 1971 war and facing obstacles over returning as permanent residents eligible for Bangladeshi citizenship.
, or through bloodline, irrespectively of the place or legitimacy of the birth. Therefore, any person born to a Bangladeshi woman illegitimately outside Bangladeshi soil would still be a Bangladeshi citizen, whereas a person born to two non-nationals in Bangladesh would not.
and intending to reside in Bangladesh can apply for naturalization. The person must forfeit any other nationalities held if naturalized. Any person who is a citizen of a nation where Bangladeshis are not allowed to naturalize (for instance, Saudi Arabia) is not eligible for naturalization.
If denied, a person can appeal against the decision in thirty days, where s/he will be heard; s/he cannot appeal if citizenship is conferred by withholding certain rights. If accepted, a naturalized citizen must take an oath of allegiance within thirty days of the grant. A person is considered naturalized only after the oath.
Naturalization of an alien does not automatically extend to his spouse and children, but they may apply as soon as the naturalized alien has taken oath.
It can be revoked if the naturalized alien provided false information in his/her application. It can also be revoked if the person is sentenced to prison for at least a year or fined at least BDT
1,000 ($14) within five years of the naturalization, or if the person loses contact with Bangladesh for at least seven years. Defection by trade and communication with an enemy at war or remaining a citizen of an enemy state at war will also result in denaturalization.
during the Liberation War of Bangladesh, and is considered a collaborator who worked against the independence and subsequent international recognition of Bangladesh. He moved to Lahore
, Pakistan during the war, held a Pakistani passport, applying repeatedly for a Bangladeshi nationality until 1978, when he returned to Bangladesh on a tourist visa. He then obtained Bangladeshi citizenship and a Bangladeshi passport during Ziaur Rahman
's tenure, stirring public opinion. His citizenship was cancelled in 1992 by the Awami League government, on grounds of obtaining a Pakistani passport
(implying a voluntary acceptance of citizenship), working against Bangladesh's independence and recognition, and was arrested on grounds of illegally overstaying his tourist visa once his Bangladeshi nationality was revoked in retrospect.
In a controversial verdict, the High Court, and later, the Supreme Court held that Ghulam Azam was a citizen by descent and domicile since the commencement of the Bangladesh Citizenship Order, accepting that he was not allowed to leave Pakistan by the Pakistani Government after the war ended (as were all Bengali people
in Pakistan), and later denied entry to Bangladesh by the Bangladesh Government.
-majority state of around half a million "Stranded Pakistanis
", colloquially called Bihari
s, who traced their ethno-linguistic heritage mostly to the Bihar
region. Biharis who maintained that they were Bangladeshis were granted citizenship by the Bangladesh Citizenship Order 1972. Biharis who maintained that they were Pakistanis, however, were considered non-nationals, as well as those who found their names at the Red Cross list of refugees. Despite official promises, neither Pakistan nor Bangladesh recognized them as citizens, until as late as May 2008, when the High Court conferred jus soli
citizenship to all Urdu-speaking people born and residing in Bangladeshi territory after 1971.
fled Myanmar
for Bangladesh including 250,000 in 1978 as a result of the King Dragon operation in Arakan
. In an attempt to counter the Burmese claims that the Rohingyas are Bangladeshis, the Bangladesh Government amended the Citizenship Order in 1982 to officially declare all Rohingyas non-nationals. Refugee crisis exacerbates because of human rights abuse in UN-run camps in Bangladesh, and refugees are unable to return to Myanmar in fear of the junta.
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
and nationality
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
of the People's Republic of Bangladesh.
History
A part of British India until 1947, the territory of modern Bangladesh formed the eastern wingEast Pakistan
East Pakistan was a provincial state of Pakistan established in 14 August 1947. The provincial state existed until its declaration of independence on 26 March 1971 as the independent nation of Bangladesh. Pakistan recognized the new nation on 16 December 1971. East Pakistan was created from Bengal...
of the state of Pakistan. In this period, immigration and citizenship were governed by the Pakistani Citizenship Act of 1951
Pakistani nationality law
The Pakistani nationality law governs citizenship of the Islamic Republic of Pakistan. The principal legislation determining nationality, the Pakistan Citizenship Act was passed by the Constituent Assembly of Pakistan on 13 April, 1951.-Citizenship:...
. Following the Bangladesh Liberation War
Bangladesh Liberation War
The Bangladesh Liberation War was an armed conflict pitting East Pakistan and India against West Pakistan. The war resulted in the secession of East Pakistan, which became the independent nation of Bangladesh....
and the Indo-Pakistani War of 1971
Indo-Pakistani War of 1971
The Indo-Pakistani War of 1971 was a military conflict between India and Pakistan. Indian, Bangladeshi and international sources consider the beginning of the war to be Operation Chengiz Khan, Pakistan's December 3, 1971 pre-emptive strike on 11 Indian airbases...
, Bangladesh became an independent state. The primary law concerning nationality and citizenship in Bangladesh is the Bangladeshi Citizenship Order, which was first issued by the President of Bangladesh
President of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
on 15 December 1972 and has subsequently been amended over the years by the Parliament of Bangladesh. The citizenship law, to date, accepts any clause included in the erstwhile Pakistani nationality law
Pakistani nationality law
The Pakistani nationality law governs citizenship of the Islamic Republic of Pakistan. The principal legislation determining nationality, the Pakistan Citizenship Act was passed by the Constituent Assembly of Pakistan on 13 April, 1951.-Citizenship:...
till 1971, unless amended otherwise.
Upon beginning of State
Bangladesh law grants citizenship to a person whose father or grandfather was born in the territories now comprised in Bangladesh and who was a permanent resident of such territories on 25 March 1971 and continues to reside there. Citizenship is also granted to a person(s) who was a permanent resident of the territories now comprised in Bangladesh on 25 March 1971, and continues to be so resident. The law also describes Bengalis who were in West PakistanWest Pakistan
West Pakistan , common name West-Pakistan , in the period between its establishment on 22 November 1955 to disintegration on December 16, 1971. This period, during which, Pakistan was divided, ended when East-Pakistan was disintegrated and succeeded to become which is now what is known as Bangladesh...
during the 1971 war and facing obstacles over returning as permanent residents eligible for Bangladeshi citizenship.
Jus sanguinis
Bangladeshi citizenship is provided primarily jus sanguinisJus sanguinis
Ius sanguinis is a social policy by which citizenship is not determined by place of birth, but by having a parent who are citizens of the nation...
, or through bloodline, irrespectively of the place or legitimacy of the birth. Therefore, any person born to a Bangladeshi woman illegitimately outside Bangladeshi soil would still be a Bangladeshi citizen, whereas a person born to two non-nationals in Bangladesh would not.
Jus soli
Citizenship is acquired at birth when the identity and/or nationality of the parents is unknown. In this regard, the child is assumed to be born to Bangladeshi national(s), and hence, given citizenship upon birth. Jus soli citizenship is also conferred upon Urdu-speaking people of Bangladesh in May 2008 by a High Court verdict (see below).Naturalization
Naturalization is not a right of any long-term resident. It is held at the discretion of the Government of Bangladesh, and may be conferred categorically or by withholding certain rights and privileges. Any adult of good character residing in Bangladesh for a period of five years (two, if married to a Bangladeshi), having resided in Bangladesh continuously for 12 months, competent in Bengali languageBengali language
Bengali or Bangla is an eastern Indo-Aryan language. It is native to the region of eastern South Asia known as Bengal, which comprises present day Bangladesh, the Indian state of West Bengal, and parts of the Indian states of Tripura and Assam. It is written with the Bengali script...
and intending to reside in Bangladesh can apply for naturalization. The person must forfeit any other nationalities held if naturalized. Any person who is a citizen of a nation where Bangladeshis are not allowed to naturalize (for instance, Saudi Arabia) is not eligible for naturalization.
If denied, a person can appeal against the decision in thirty days, where s/he will be heard; s/he cannot appeal if citizenship is conferred by withholding certain rights. If accepted, a naturalized citizen must take an oath of allegiance within thirty days of the grant. A person is considered naturalized only after the oath.
Naturalization of an alien does not automatically extend to his spouse and children, but they may apply as soon as the naturalized alien has taken oath.
Relinquishing nationality
Nationality can only be revoked if it was conferred upon a person by naturalization, unless the person willfully surrenders his citizenship.It can be revoked if the naturalized alien provided false information in his/her application. It can also be revoked if the person is sentenced to prison for at least a year or fined at least BDT
BDT
BDT may refer to:* BDT, the ISO 4217 code for Bangladeshi taka * The Best Damn Thing, a 2007 album by Avril Lavigne...
1,000 ($14) within five years of the naturalization, or if the person loses contact with Bangladesh for at least seven years. Defection by trade and communication with an enemy at war or remaining a citizen of an enemy state at war will also result in denaturalization.
Ghulam Azam
Ghulam Azam was a leader of Jamaat-e-IslamiJamaat-e-Islami
This article is about Jamaat-e-Islami Pakistan. For other organizations of similar name see Jamaat-e-Islami The Jamaat-e-Islami , is a Pro-Muslim political party in Pakistan...
during the Liberation War of Bangladesh, and is considered a collaborator who worked against the independence and subsequent international recognition of Bangladesh. He moved to Lahore
Lahore
Lahore is the capital of the Pakistani province of Punjab and the second largest city in the country. With a rich and fabulous history dating back to over a thousand years ago, Lahore is no doubt Pakistan's cultural capital. One of the most densely populated cities in the world, Lahore remains a...
, Pakistan during the war, held a Pakistani passport, applying repeatedly for a Bangladeshi nationality until 1978, when he returned to Bangladesh on a tourist visa. He then obtained Bangladeshi citizenship and a Bangladeshi passport during Ziaur Rahman
Ziaur Rahman
President Ziaur Rahman, Bir Uttam, was a Bangladeshi politician and general, who read the declaration of Independence of Bangladesh on March 26, 1971 on behalf of Sheikh Mujibur Rahman. He later became the seventh President of Bangladesh from 1977 until 1981...
's tenure, stirring public opinion. His citizenship was cancelled in 1992 by the Awami League government, on grounds of obtaining a Pakistani passport
Pakistani passport
Pakistani passports are issued to the citizens of Pakistan for the purpose of international travel. Directorate General Immigration and Passports of Ministry of Interior is responsible for issuing the passport...
(implying a voluntary acceptance of citizenship), working against Bangladesh's independence and recognition, and was arrested on grounds of illegally overstaying his tourist visa once his Bangladeshi nationality was revoked in retrospect.
In a controversial verdict, the High Court, and later, the Supreme Court held that Ghulam Azam was a citizen by descent and domicile since the commencement of the Bangladesh Citizenship Order, accepting that he was not allowed to leave Pakistan by the Pakistani Government after the war ended (as were all Bengali people
Bengali people
The Bengali people are an ethnic community native to the historic region of Bengal in South Asia. They speak Bengali , which is an Indo-Aryan language of the eastern Indian subcontinent, evolved from the Magadhi Prakrit and Sanskrit languages. In their native language, they are referred to as বাঙালী...
in Pakistan), and later denied entry to Bangladesh by the Bangladesh Government.
Stranded Pakistanis
The independence of Bangladesh from Pakistan in 1971 led to the abandonment in the BengaliBengali people
The Bengali people are an ethnic community native to the historic region of Bengal in South Asia. They speak Bengali , which is an Indo-Aryan language of the eastern Indian subcontinent, evolved from the Magadhi Prakrit and Sanskrit languages. In their native language, they are referred to as বাঙালী...
-majority state of around half a million "Stranded Pakistanis
Stranded Pakistanis
Stranded Pakistanis, also known as Biharis, describes the people mainly of the Bihari ethnic group currently residing in Bangladesh who immigrated to East Pakistan with the hopes of joining Pakistan but after the East Pakistan seceded and became Bangladesh were unable to re-immigrate in 1971 and...
", colloquially called Bihari
Bihari
Bihari may refer to:* of Bihar, a state in central eastern India** Bihari people*** Stranded Pakistanis popularly known as "Biharis", people of Bihari origin in Bangladesh** Bihari languages** Bihari Culture** Bihari Music** Bihari Cuisine** Bihari Dance...
s, who traced their ethno-linguistic heritage mostly to the Bihar
Bihar
Bihar is a state in eastern India. It is the 12th largest state in terms of geographical size at and 3rd largest by population. Almost 58% of Biharis are below the age of 25, which is the highest proportion in India....
region. Biharis who maintained that they were Bangladeshis were granted citizenship by the Bangladesh Citizenship Order 1972. Biharis who maintained that they were Pakistanis, however, were considered non-nationals, as well as those who found their names at the Red Cross list of refugees. Despite official promises, neither Pakistan nor Bangladesh recognized them as citizens, until as late as May 2008, when the High Court conferred jus soli
Jus soli
Jus soli , also known as birthright citizenship, is a right by which nationality or citizenship can be recognized to any individual born in the territory of the related state...
citizenship to all Urdu-speaking people born and residing in Bangladeshi territory after 1971.
Rohingya people
Several hundred thousand Rohingya peopleRohingya people
The Rohingya is a predominantly Muslim ethnic group of disputed origin who live in Arakan State, western Burma. The Rohingya population is mostly concentrated to the cities of Maungdaw, Buthidaung, Akyab, Rathedaung and Kyauktaw.-Etymology:...
fled Myanmar
Myanmar
Burma , officially the Republic of the Union of Myanmar , is a country in Southeast Asia. Burma is bordered by China on the northeast, Laos on the east, Thailand on the southeast, Bangladesh on the west, India on the northwest, the Bay of Bengal to the southwest, and the Andaman Sea on the south....
for Bangladesh including 250,000 in 1978 as a result of the King Dragon operation in Arakan
King Dragon operation in Arakan
The King Dragon Operation, or Naga Min Sitsin Yae, was a large scale military operation in Arakan, Burma carried out during the rule of General Ne Win. The operation focused on rooting out Mujahid rebels in the area. who had been fighting for an Islamic state in Northern Rakhine state. However,...
. In an attempt to counter the Burmese claims that the Rohingyas are Bangladeshis, the Bangladesh Government amended the Citizenship Order in 1982 to officially declare all Rohingyas non-nationals. Refugee crisis exacerbates because of human rights abuse in UN-run camps in Bangladesh, and refugees are unable to return to Myanmar in fear of the junta.