UNHCR expresses alarm at statelessness risk in Assam

India defends citizenship register

FE Team | Published: September 02, 2019 23:43:28

UN High Commissioner for Refugees Filippo Grandi Sunday expressed his concern over the publication of a National Register of Citizens (NRC) that may put large numbers of people in India's north-eastern state of Assam at risk of becoming stateless, according to a report by www.unhcr.org.
It is too early to say what the nationality status of those left off the National Register, some 1.9 million according to the authorities, may ultimately be. UNHCR is concerned, however, that many are at risk of statelessness if they do not possess another nationality.
"Any process that could leave large numbers of people without a nationality would be an enormous blow to global efforts to eradicate statelessness," High Commissioner Grandi said.
"I appeal to India to ensure that no one is rendered stateless by this action, including by ensuring adequate access to information, legal aid, and legal recourse in accordance with the highest standards of due process."
While India has a sovereign right and authority to establish who is an Indian national, UNHCR urges the Government to take steps that mitigate the risk of any individual being left stateless as a result of the NRC update in Assam or similar processes that may take place in other states in India, and calls on the authorities to refrain from detaining or deporting anyone whose nationality has not been verified through this process.
UNHCR reiterates its offer of support to the Government of India to determine people's nationality and avoid statelessness in accordance with its mandate and international standards.
Meanwhile AFP report from Guwahati adds: India's foreign ministry has again defended a controversial citizenship register in northeast Assam after criticism from the UNHCR.
The National Register of Citizens (NRC) was drawn up by India's ruling Bharatiya Janata Party (BJP) -- which also runs Assam state -- saying it was necessary to detect "foreign infiltrators".
Critics say it is being used by the BJP to push a Hindu nationalist agenda and marginalise the state's large minority of Muslims -- many who fled there when East Pakistan broke violently from Islamabad in 1971 to become Bangladesh.
Indian foreign ministry spokesman Raveesh Kumar defended the process, saying the NRC "does not make the excluded person 'stateless'" and any decisions taken would be consistent with Indian laws and its "democratic traditions".
"It (the NRC) also does not make him or her a 'foreigner', within the legal meaning of the term," Kumar said in a statement released late Sunday.
"For those who are not in the final list, (they) will not be detained and will continue to enjoy all the rights as before till they have exhausted all the remedies available under the law."
Assam is largely surrounded by Bangladesh and has long seen influxes of migrants -- even during Britain's colonial rule.
But under the NRC, only those who can demonstrate they or their forebears were in India before 1971 can be included in the list.
Those left off have 120 days to appeal at so-called Foreigners Tribunals, and can also appeal their case through the courts.
Critics have said the NRC process reflects the BJP's goal to serve Hindus, with a large chunk of those excluded expected to be Muslims.
But there has been growing outrage among local BJP leaders, who claim many Bengali-speaking Hindus -- a key vote bank for the party -- had also been left off the list.
It is not yet clear what will happen to people who have exhausted their legal avenues. In theory, they can be placed in one of six detention centres with a view to possible deportation to Bangladesh.
Dhaka has said previously the NRC is an "internal matter" for India and none of its citizens had moved across the border since 1971.