***Drawing on from recent developments about reduction of statelessness in the International legal arena we propose that following International Law Commission’s conclusions both the governments of Bangladesh and Pakistan should provide a fresh option to the Biharis about repatriation to Pakistan and integration into Bangladesh. Those who opt for Pakistan should be repatriated.***

IT Is the state obligation to protect the rights of its citizens. and states are accountable for the displacement of citizens both within and outside the state. Statelessness is caused by the politics of the nation-state. the Biharis. I.e. stranded Pakistanis in Bangladesh, are the victims of the partitioned states of South Asia not once but twice, are an instance of this politics. Disowned by Pakistan and unwanted in Bangladesh, the plight of the Biharis huddled in refugee camps in Bangladesh for almost 29 years highlights the responsibility of states not to arbitrarily disenfranchise their citizens or impose restrictions in re-acquiring citizenship.

The overhyped event, the coming of a new millennium has been celebrated with frenzied euphoria through out the world Bangladesh is not an exception. Several newspapers, journals covered up various issues of new millennium. But. whether we have any thought about Liakat. a 70 year old man of Geneva camp, who moved twice in 1947 & 1971 and now only wants to move towards the graveyard, or 28 year old Jahangir of Wapda camp. Mirpur. who wants the citizenship of Bangladesh or a 12 year old girl Rashida of Mirpur Camp, who has a desire to become a Bangladeshi film artist. These are the stateless persons of Bangladesh, the Biharis. the so-called stranded Pakistanis who exist in a limbo between their allegiance to Pakistan and Bangladesh. Will th?y remain stateless in the new millennium? It is lime to rethink and to create alternative solution of the existing problem so that the Biharis can find their identity

It Is overwhelming to realize that we are responsible for the history of our descendants. As we begin the new millennium, we are all caught up with reminiscences of the ndllennium we have Just left behind. And it has certainly been a flamboyant thousand years encompassing the crucial intellectual evolution of the modern man. It is mind blowing if no’, outright impossible to actually think about a time so much Immense than our individual lifetimes.

Following the partition of British India, many of the Bi

harls (and also many non Bengalis from outside Bihar), migrated to Bangladesh (then East Pakistan). Most of them languish in the camps today, scattered across Bangladesh waiting with a sense of despair and displacement to be repatriated to a land that refuses to give them recognition. They have been living in subhuman conditions in 66 camps for the last 29 years. Their exact number is now difficult to determine. Their number due to natural increase may have now reached about 500.000. But till now Pakistan has been following a delaying tactic in admitting these people into the country, and they continue to live on a meager UNHCR assistance.

Stateless Biharis in the 20th century

The Great Calcutta Killing’ of August 1946 led to the unleashing of a wave of violence that swept across Bihar. Noakhali and culminated in the Punjab carnage of March 1947. Such violence and the subsequent partition resulted in migration of Hindus and Sikhs from the new state of Pakistan to India, and Muslims from India to Pakistan. In 1947. of a total population of 30 million people of the state. Muslims numbered 4 million. In the aftermath of the communal violence in which 30.000 Muslims were killed. 1.3 million Bihari Muslims migrated to Pakistan, of them 700.000 to East Pakistan and the rest to West Pakistan. By 1971. the non-Bengali population in East Pakistan rose to more than 1.5 million, which included Muslim migrants from other states of India.

General principles governing the national issue in consequence of state succession requires negotiations between the predecessors and successor slates. Negotiation between Pakistan and Bangladesh did result in the transfer of a large nunioer of Biharis (173.000 repatriated in 1974. 4,000 in 19/9. 1,000 in 1984 and 325 in 1992j to Pakistan. But the negotiation regarding the rest seem tc have come to a halt. The situation has become further complicated by the linkage of the Bihari issue with that of the al-

legedly illegal movement of thousands of Bangladeshis to Pakistan.

The Stranded Pakistanis General Repatriation Committee (SPGRC) was formed in 1976. Through mass rallies, demonstrations and hunger strikes, it has been seeking to pressurize both the governments of Pakistan and Bangladesh to continue the process of repatriation. But Pakistan’s recalcitrance about taking back Its citizens. remains. Afterwards, another group of SPGRC was formed by Ejaj Ahmed.

The Biharis live in 66 camps scattered across Dhaka. Chittagong. Syedpur. Rangpur. Khulna and other districts. Lack of water, sanitation facilities. women and child health care facilities have made their camps breeding grounds for epidemics.

Sanitation and shelter as well as water logging are the most important problem of the camps. Camp residents reported that there has not been any maintenance work since the camps were established. In the Geneva camp female respondents have reported that they have to wait in the queue from 2 am. to use the toilet facilities. The drainage facilities are also non-existent. Children of the camps reported that lack of playground has been a major problem for them. Besides children of the camps are malnourished. Children born in these camps, many of whom are in their late teens, are paying for the wrongs, if any. committed by their forefathers. Their plight needs to be resolved not within the narrow confines of stateless and citizenship laws but by invoking human rights and humanitarian principles.

29 years have passed since the start of the problem and it is still unresolved. It has created a socio-economic impact on them and the govt, of Bangladesh as well.

Stateless Biharis in Bangladesh: Searching for an Identity

After 29 years in the camps there are those like Badruddin (38) who resignedly says. "If Pakistan does not accept us and if Bangladesh gives me citizen-, ship. I am ready to stay iri Bangladesh. I don’t want anybody to use us for their political game. I do not know what will happen in the new millennium. I Just want to be a citizen of a free country and through this I would be able to identity myself as a Bangladeshi". Badruddin lives in Geneva camp. Moham-madpur where Bihari families live crammed in an 8 feet by 8 feet room

Now most of the camp residents aged between 15-35 do not want to return to Pakistan anymore. 80% of them were bom in Bangladesh, they want to get Bangladeshi citizenship. This present view (one of them said. Millennium view) of Biharis was expressed by the one of the group leader of SPGRC. They said that two of their generations have been ruined In the last 29 years by leading a subhuman camp life in the name of false repatriation to Pakistan. More over they stated that 80% of them were born and brought up in Bangladesh. Their children study in Bangladeshi schools and speak In Bengali. Many of them nave matrimonial relationship with Bangladeshis. They claimed that Bangladeshi culture is also [heir culture If (he govt, could solve the CHT problem, then

why the stateless will remain stateless? Could not the new millennium change their lives? Unlike the other Bihari groups like SPGRC (Nasim & Ejaj). another group named Bangladeshi O-Bangali Punar-bashon Committee’ was formed in 1996 headed by Iqbal Ahmed Chowdhury. The committee in a survey report showed that of the 400.000 Biharis. about 320.000 were willing to be rehabilitated in Bangladesh. They said that this is the beginning of a new era. and hoped that the stateless can somehow find their identity if the Bangladesh govt, can provide them with citizenship.

However, irrespective of the bargaining and negotiating stances of Bangladesh and Pakistan and the claims and counter-claims of the two sides, the basic principle is that the states are obliged to prevent statelessness, particularly when such statelessness is consequent upon state succession. Given the long-standing residence of Biharis in Bangladesh and their legal entitlement under the citizenship laws of the country, there does not seem to be much justification in denying the Binaris their citizenship status, if they so desire. The young generation (in the year 2000. many old generations also want reintegration in Bangladesh) of Bihari Muslims should not suffer for the whimsical dream of their older generation. Let us bury the bogey of repatriation.

In the context of a stalemate in repatriation there has been a shift in the Bihari’s position about integration into Bangladesh. Abdur Rahim, a 60 years old man in Geneva camp said. We are finished, just waiting for death. But the younger generations are yet hot finished. I believe that still a lot of opportunities are there in Bangladesh. Besides Abul Hossain the Benarasi sari worker in Mirpur. small kids like Anwar a jori and sari worker in Geneva camp. Mokarram Ali -the lucrative Kabab and Biriani seller, and also lots of women garments workers like Moriam. want to run their business peacefully in Bangladesh and gel equal opportunity in jobs like the other Bangladeshis. A number of them would prefer to obtain Bangladeshi nationality and setlie here

Drawing on from recent developments about reduction of statelessness in the International legal arena we propose that following International Law Commission's conclusions both the governments of Bangladesh and Pakistan should proride a fresh option to the Biharis about repatriation to Pakistan and Integration into Bangladesh. Tho*^ who opt for Pakistan should be repatriated and those who express to be Integrated in Bangladesh should be provided with Bangladeshi nationality and all forms of support

While each individual case has its defining political. • co-nomic. social and demographic dimension, the stateless Derson needs to be looked at from a holistic viewpoint. In the a new millennium the problems of the stateless Biharis should not be considered from the point of view of politics but from humanitarian and human rights perspective. This is the dream of the stateless Biharis Let us build a community that can fulfill this dream.

The author is a free lance researcher.

***The topic ot our next issue is Denuclearisation. Creative suggestions are invited from our esteemed readers. Please send your materials to: Dr Imtiaz Ahmed. Executive Director. Centre For Alternatives, Room No 431, Lecture Theatre, Arts Building. Dhaka University. Dhaka-1000. Tel: 9661900-19, Ext 4550; Fax (8802) 8316769: E-mail: imtiaz@bangla.net.***