If this bill becomes an act, Bangladeshis who took part in the 1971 liberation war, foreign nationals and those with dual citizenship will find it harder to become citizens of this country.
By Prakash Bhandari in Dhaka
The liberation war of 1971 is so much a part of the fabric of Bangladesh that it has now affected even the children of those who took part in it. A draft citizenship bill which was approved by the Sheikh Hasina government in February has created ripples as it denies citizenship to the descendants of those who fought against the formation of Bangladesh and sided with Pakistan during the 1971 war. It also denies citizenship to those engaged in activities against Bangladesh even after its formation.
This has created a hornet’s nest as intellectuals and legal brains are of the opinion that descendants of war criminals should not be denied rights to citizenship for an offence committed by their fathers and forefathers. Many so-called “war criminals” who sided with undivided Pakistan and opposed the theory of a separate Bangladesh were later tried and hanged or imprisoned for life by the new government.
The latest to be hanged was chief of the Jamaat-e-Islami, Motiur Rahman Nizami, on May 11 after the Supreme Court found him guilty of acts of cold-blooded cruelty and for aiding the Pakistan army. Nizami led a group called Al-Badr which unleashed ruthless force to wipe out the brightest minds of Bangladesh and thwart its progress on the eve of a final victory. Ironically, Nizami served as agriculture minister during the BNP-Jamaat rule.
NEEDLESS PUNISHMENT
After his hanging, a big question arose over whether the descendants of war criminals who fled Bangladesh and are now living abroad would be denied the right to be citizens of Bangladesh once the draft Citizenship Act 2016 was passed by Bangladesh parliament. “It is against natural justice and unacceptable to make the children and descendants liable for the misdemeanors of their parents. This draft may create new difficulties for the descendants of war criminals in retaining their ties with Bangladesh,” said Prof CR Abrar of Dhaka University.
Abrar, who is also executive director of the Refugee and Migratory Movement Research Unit (RMMRU), said that once the draft is made into law, it may also result in denying citizenship to national leaders, particularly in the Chittagong Hill Tracts, who are engaged in the struggle for self-determination for people there.
Sara Hossain, a barrister and human rights activist, has demanded a clear definition of the term “engaged in activities against Bangladesh”. “Without a clear definition, such an act would strip anyone of his citizenship. This Act has provisions for seven categories, including permanent Bangladeshi nationals and foreigners who have been living in the country continuously for a long time,” said Hossain.
The draft updated the Bangladesh Citizenship (temporary provisions) Ordinance of 1972 and incorporated recommendations given by the Law Commission in 2005 and 2012. “The draft proposals say that the applications of those who fought or are fighting a war against Bangladesh by joining the military or paramilitary forces of any other country will never be considered,” said Hossain.
FORMATION OF BANGLADESH
During the liberation war, Pakistan under President Yahya Khan tried to douse the fire of freedom by luring several influential people who opposed the demand for a separate nation. This included Nizami who made all possible efforts during the 1971 war to prevent the formation of Bangladesh. And when he was hanged, many people who still felt that that the formation of Bangladesh was a mistake, demonstrated on the streets of Dhaka and other places in the country. The Pakistan National Assembly condemned the hanging and paid glowing tributes to the hanged leader.
Incidentally, prior to Nizami, Abdul Quader Mollah, assistant general secretary of the Jamaat-e-Islami, Ali Ahsan Mohammed Mujaheed, secretary-general of the Jamaat-e-Islami, Md Kamaruzzaman, an assistant general secretary of the Jamaat-e-Islami and Salauddin Quader Choudhry, BNP’s standing committee member were hanged for waging war against Bangladesh and for the killings. Also, the former chief of the Jamaat, Ghulam Azam and former BNP minister Abdul Alim were tried as war criminals.
Abdul Kalam Azad, expelled Jamaat member, Ashrafuzzaman Khan, a student leader, Choudhry Moinuddin, another student leader, Zahid Hossain Khokon, BNP leader and former Jatiya Party MP Abdul Jaffar are all fugitives now and reside abroad. They appealed against the death sentence but this was rejected by the courts and they are in hiding like many other war criminals and their families.
Their appeals have not gone down well with the ruling Awami party. Its spokesperson, Abdul Mollah, said: “These war criminals fled to other countries with their families and are mostly in the UK, the US, Canada and Gulf countries. They have raised their families and now they are demanding citizenship of a country whose formation they opposed.”
DUAL CITIZENSHIP
However, a barrister and a tribunal judge in Britain, Nazr-ul Khasru, said Bangladesh would gain nothing by restricting or taking away the citizenship of those countrymen who had ventured out and acquired the citizenship of a rich country. In most cases, the purpose behind it is to gain better living conditions for themselves and their relatives who were left behind.
“These Bangladeshis should be actively encouraged to retain their link with their motherland. Bangladeshis abroad should remain Bangladeshis for generations to come with the same rights and obligations as those back home. Unlike India, Bangladesh has long accepted the notion of dual citizenship for its citizens abroad, though it has still not put it into a firm legislative footing. The Draft Bangladesh Citizenship Bill 2016 is the first potential legislation to rectify that,” he said.
However, the Bill seems poorly drafted and has some errors. For example, the proper interpretation of citizenship by birth contained in Section 4 (1) of the Bill seems to be that those born in Bangladesh whose parents died before March 26, 1971, are not regarded as having citizenship by birth.
Section 5 states that a person born abroad to a Bangladeshi parent immediately before the commencement of the Act will be a citizen of Bangladesh. But the person must be registered with the relevant Bangladesh Mission within two years of birth or the commencement of the Act, whichever is later.
The direct consequences of the restrictions in this section are two-fold. Firstly, if those who are born prior to the commencement of the Act fail to register within two years of its commencement, then they will not get Bangladeshi citizenship under this provision. Secondly, the children of those who became Bangladeshi citizens by virtue of this section will not be able to claim citizenship as their parents would have become Bangladeshi citizens after the commencement of the Act and are therefore outside the ambit of this section. In other words, it would be virtually impossible for third or fourth generation Bangladeshis to claim Bangladeshi citizenship.
Section 6 says that a birth-citizen of Bangladesh loses his citizenship upon acquiring a foreign citizenship, but then under certain circumstances, he may apply to the Bangladeshi government for the same. By taking away a Bangladeshi’s birth-citizenship and by placing the onus on the individual to go through a bureaucratic process to regain it, the draft Bill sends out the message that those who have taken up foreign citizenship are not really welcome.
NO RIGHTS
Bangladeshi citizens with dual citizenship will also not be able to stand for elections to parliament or the local government and will not be eligible to be elected as president of the country, will not be allowed any appointment in the service of the country and cannot get involved in any political party. So if the Bill goes through, there will be no difference between foreign nationals and Bangladeshis with dual citizenship. However, the founding fathers of the constitution of Bangladesh wanted all citizens to have the same fundamental rights.
The constitution considers all citizens of Bangladesh equal, whether they are birth citizens, naturalized citizens or dual citizens. And if this has to be changed or restricted, only the constitution has the power to do so.
Experts say that if the government wants to be seen as liberal and progressive, then this draft Bill must be quickly shelved. The Bill should be redrafted incorporating the principles of inclusivity.
