A/HRC/7/23
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return of those previously expelled. Under a tripartite agreement signed by the Government of
Mauritania, the Government of Senegal and UNHCR, Mauritania is committed to ensuring that
returnees enjoy the same rights as other Mauritanian nationals.26
B. Asia
56. There are a range of situations in Asia in which minority groups have been arbitrarily
denied or deprived of their nationality, typically because they are viewed as not belonging to the
mainstream of society on account of their minority status or because their ancestors migrated to
the territory relatively recently. As in other regions, these situations often result from legislation
which was designed to exclude specific populations by, for example, imposing evidentiary
requirements for acquisition or confirmation of citizenship which are impossible to meet. These
situations are sometimes compounded by discrimination against women in regard to acquisition,
change and retention of nationality and conferral of nationality on their children. In recognition
of the negative impact of statelessness, a number of States have recently taken measures to grant
or confirm nationality of minority populations.
57. Despite the fact that the Urdu-speaking minority in Bangladesh, the Biharis, qualify for
citizenship under the Constitution and nationality legislation, it is reported that an estimated
300,000 Biharis were, until recently, still being denied citizenship mainly on the basis of
accusations of disloyalty and political support for Pakistan. For more than 30 years, this minority
community has reportedly not only been denied citizenship, but also segregated from the rest of
the population and has faced severe discrimination regarding opportunities to obtain a decent
living standard, access to education and employment. In a favourable development, the
Government recommended in September 2007 that citizenship be granted to most of the Bihari
community habitually residing in Bangladesh.
58. Participants in the expert consultation described how in 1985, the Citizenship Law of
Bhutan stripped an estimated 100,000 individuals of ethnic Nepali origin of their citizenship
rights, a factor leading to their forced expulsion from the country. According to the participants,
the Bhutanese of Nepali ethnic origin are allegedly prevented from returning to their own
country, denied the right to a nationality in their country of residence and are de facto stateless.
Those remaining in Bhutan are also denied citizenship and consequently continue to live in a
precarious legal limbo and fear similar expulsion from the country.
59. According to information given at the expert consultation, the Rohingya in Myanmar are,
on the basis of their group identity, denied their right to citizenship under the 1982 Citizenship
Law. They suffer from restrictions on their freedom of movement and right to a family life,
difficulty in gaining access to civil services, violations of their right to health and education, land
confiscations, and are subject to forced labour and arbitrary taxes. These deprivations have
resulted in many Rohingya fleeing as refugees to neighbouring and other countries.
26
UNHCR briefing notes at www.unhcr.org/news/NEWS/46d7f3042.html.