Draft citizenship law lacks natural justice

No one should be made to suffer for their ancestors' actions, said speakers yesterday commenting on the draft “The Citizenship Law, 2016”, which the cabinet approved on February 1.

The draft denies citizenship to descendents of those who fought against Bangladesh, denied its existence or engaged in activities against Bangladesh.

“Should not depriving children of their right to nationality constitute punishing them for an offence not committed by them?” said Prof CR Abrar of Dhaka University's international relations department.

“It is against natural justice, and unacceptable to make children liable for the misdemeanour of their parents,” said Abrar, also the executive director of the Refugee and Migratory Movements Research Unit (RMMRU).

Barrister Sara Hossain pointed out that “engaging in activities against Bangladesh” was a vague term and asked who would define and identify such acts in stripping someone of their citizenship.

“The draft, if enacted in its current form, may result in denying citizenship to respected national leaders from the CHT (Chittagong Hill Tracts) who were once engaged in a struggle for self-determination,” she said.

RMMRU organised the discussion on the draft in the capital's Cirdap.

Moderating the discussion, Abrar quoted the draft, saying if a Bangladeshi couple gives birth to a child in a foreign country, and they do not register the birth with the Bangladesh mission there within two years of the birth, the child will not be given citizenship.

“This is another provision which would make individuals suffer for no fault of their own,” he added.

“Bangladeshi citizens are living across the world, as migrants, and many of them are very successful in their fields of work, including as members of parliament, judges, and government officials,” said Sara.

“But it seems like we are preparing a law to create new difficulties for them in retaining their ties with Bangladesh as citizens, rather than strengthening those,” she said.

Sara said the law was drafted and given cabinet nod with almost no discussion with the stakeholders, including migrants at home and abroad and groups working with potentially affected groups, such as adopted children, and the public.

The draft said Supreme Court judges, lawmakers, persons holding constitutional posts, civil servants and members of the disciplined forces would not get dual citizenship.

Any foreign national obtaining Bangladeshi citizenship cannot contest the national or local polls, become president, an SC judge or a public servant or form any political party, according to the draft.

Many high officials of the civil service and the judiciary would fall in this category and have to lose their positions, said Dr Zafrullah Chowdhury, founder of Gonoshasthaya Kendra.

According to the draft, a foreign national who marries a Bangladeshi can get citizenship fulfilling five conditions.

The conditions are:  she/he would have to live in Bangladesh for five years; is not a citizen of any country “prohibited” by the Bangladesh government; his/her parents and grandparents are not engaged in a war against Bangladesh and are not the enemy force of a foreign country; s/he does not live in Bangladesh illegally; and is not a citizen of any country that has no diplomatic relations with Bangladesh. Other speakers opined that if passed in parliament, the law would get into trouble even those who formulated it.