In February last year, our cabinet approved a draft of the Citizenship Act 2016, which is waiting for parliament to pass. From the past experience, it is almost certain that the draft will be passed in the voice of Parliament. But this draft is immature and highly backward than the existing legal framework. Above all, it is in conflict with international laws and treaties like our Constitution and the Universal Human Rights Charter (UDHR) and International Covenant Oncival and Political Rights (ICCPR), in accordance with the agreement Bangladesh has ratified.
The terms and conditions of citizenship obtained from birth date are stated in Section 4 of the Draft Act. On the other hand, Article 5 (citizenship in citizenship), 6 (citizenship of expatriates), 8 (dual citizenship), 9 (honorary citizenship), 10 (citizenship in nationalization form), 11 (citizenship in marital form) and 12 (citizenship in land accession) will There is provision to be a citizen. According to Article 6, a person resident abroad can obtain citizenship of Bangladesh in the context of his application to the government on the terms and conditions prescribed by the rules, if his father or mother or grandfather or grandmother has become a citizen of Bangladesh before taking foreign citizenship. The class split has been created between.
Draft legislation has not only divided the classes among the citizens, but the difference of citizens on the basis of class division has also been created. For example, citizenship under section 6 can not be a President, Prime Minister, a member of Parliament and Supreme Court Judge. They can not choose any local government office and any political organization (Article 7). The same restrictions on civil rights will be applicable in the case of dynasties, dual, honorable, indigenous formulas, and even for citizens with civic formulas (Article 13). In other words, all other than citizens who have been born in the draft laws and territorial sources are mainly considered as second-class citizens and they have been deprived of some of the important rights which are discriminatory and violation of Article 28 (1) of our Constitution. Because, according to Article 28 (1) of the Constitution, "the state shall not discriminate against any citizen by religion, group, caste, gender or birthplace." The draft is also contrary to the 40 paragraphs of the Constitution, where citizens recognize the freedom to choose their profession. Has been there. At the same time, it is in violation of Article 38 of the Constitution related to equality-related paragraph 27, paragraph-related paragraph related to government employment opportunities and the right to organize Article 29.
Similarly, the draft law is in conflict with the 2, 7, 20 and 23 (1) sections of the UDHR. As per UDHR 2, the identity of equal rights has been recognized by all persons. Apart from this, the 6, 7 and 13 sections of the draft law are incompatible with Article 2, 25 and 26 of ICCPR. For example, under Article 26 of the ICCPR, everyone is equal in law and the state law will prohibit all forms of discrimination and provide equally and effective protection against discrimination.
The reform of our existing citizenship law made in a different context is important today. However, the draft law that the cabinet has approved is unfortunately not well-thought-out and acceptable. Particularly not acceptable, some people are included in the second category as citizens, which are also contrary to our constitution
Section 20 of the draft Act includes the provision for cancellation of citizenship. In case of births, for all other class citizens except for citizens, in some cases, there are provisions for cancellation of citizenship. In this case also discrimination has been done due to the difference in birthplace among different classes of citizens, which are contradictory to Article 28 (1) of the Constitution of Bangladesh. Apart from this, the section 20 of the draft law is incompatible with the UDHR and the ICCCR. As per UDHR Section 15, each person has a right to a nationality and nobody can be arbitrarily deprived of his nationality. In accordance with Article 24 (3) of the ICCPR, the rights of each child's nationality have been recognized. Apart from this, our Honorable Prime Minister has given a commitment to provide legal identification to the SDG's goal 16 (9).
In relation to the Citizenship Act, 1951 and the Bangladesh Nationality (Temporary Provision) Order, 1972, the existing laws related to citizenship in our country. The positive aspect of the existing law is that it does not have the different rights of citizen's rights on the basis of division of class. At the same time there is no provision for cancellation of citizenship. Unfortunately, the proposed draft includes two issues, which undoubtedly reflects backwardness.
Article 3 of the draft, so that the proposed legislation has been included in the provision of preference to the court verdict and decree, which is specifically bound to complicate. Because, as a result, the scope of the legislature will prevail over the court, which will not be constitutional. In addition, the ruling of the court is mandatory for all authorities. In the matter of PUCL v. Union of India case [(2003) 4 SCC], the Indian Supreme Court ruled that there is no jurisdiction to rule the court order or any other authority.
Many have the idea that if the draft is approved by the parliament, we will lose our interest in the future as a nation. Investments of second and third generation expatriates in those countries are behind the rapid economic prosperity of the Asian Tigers. The same applies to China. Even India has locked the capital and technology to attract expatriate Indians
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