The draft of new “Bangladesh Citizenship Act, 2014” has been prepared having provisions of seven category citizenship for the permanent Bangladesh nationals and those foreigners who have been living in the country continuously for a long time.
It also kept a provision for the children of foreigners who were or will be born in Bangladesh or in such ships or aircraft recognised by the Bangladesh government.
The act contains a provision of two years’ jail and Tk5 lakh fine or both for giving false information or hiding any information deliberately. It would be doubled for repetition of the offence.
After preparing it, the Foreign Ministry has recently sent the draft to the home and law ministries seeking suggestions.
The draft has been formulated following and updating the Bangladesh Citizenship (temporary provisions) Ordinance of 1972 and incorporating the suggestions given by the Law Commission in 2005 and 2012.
The categories proposed are citizenship by born in registered or unregistered ship or aircraft, citizenship by birth, citizenship by descent, dual citizenship, citizenship by naturalisation, citizenship by marriage, citizenship by incorporation of territory and rights of permanent residence in Bangladesh.
The proposal also says the applications of those persons will never be considered who fought or are fighting a war against Bangladesh by joining the military or para-military forces of any other country. The applications will also be rejected if any persons regret Bangladesh’s independence.
State Minister for Home Affairs Asaduzzaman Khan Kamal said: “We have received the draft from the Foreign Ministry. The Home Ministry’s senior secretary is examining the draft in consultation with the experts of the ministry. We will send our recommendations as soon as possible.”
According to the Home Ministry officials, the move of preparing the new draft was taken as some foreigners living in Bangladesh by marrying Bangladeshi nationals went to the High Court for justice.
The initiative of enacting the act will remove the obstacles to deciding about the citizenship prayers.
The draft says persons bellow 18 years of age would be considered as minors and those who are not minor or fuddled would be considered as adult and capable.
The persons who are interested to be a citizen of Bangladesh will have to apply to the authorities concerned following proper procedure. The authorities will issue certificate or register the applicant as Bangladeshi citizen after completion of the procedure including examining information given in the prayer. The applicants will not be allowed to stay abroad for six months continuously during the scrutiny period.
The persons, who will be born in government-owned, registered or unregistered ships or aircraft of any country that Bangladesh recognises, will be considered that he/she was born in that country.
The persons whose parents or father or mother is Bangladeshi will be considered as Bangladeshi citizen by descent. The children of a persons who got Bangladeshi citizenship will also be a Bangladeshi by descent.
The children of a foreigner will get the citizenship of Bangladesh if he/she was or will be born in Bangladesh.
But, the children of the persons who have been serving as diplomat or different foreign missions in Bangladesh or enjoying diplomatic immunity in Bangladesh will never be considered for the citizenship.
However, despite being the children of a Bangladeshi national or citizen a person will not be considered as a Bangladeshi whose birth registration was not completed within two years of his/her birth at the Bangladesh missions of that country where the person was born.
The citizenship of Bangladesh nationals who have got citizenship of any other country due to stay in abroad will not be terminated. He/she will be considered as dual citizen.
But, to get such citizenship, the persons will have to submit written application following proper procedures.
However, the citizens of the countries where Bangladeshi nationals had to or have to surrender Bangladeshi citizenship to get their citizenship, will not be considered for dual citizenship.
The persons who have taken Bangladeshi naturalisation certificates or living in Bangladesh for a long time marrying a Bangladeshi national will be allowed to get registered as a Bangladesh national.
The government may only consider the citizenship prayers of the persons who have been living in Bangladesh legally.
The government will have authority to register those persons as Bangladeshi citizen who have contributions on development of science, philosophy, artistry, literature, peace and human development of Bangladesh.
The registration or naturalisation certificates of those persons, who will be convicted for above two years in any country within five years or lives outside the country for 10 years continuously after getting registration or naturalisation certificates, will be cancelled or terminated.
The citizenship of the persons, who will make or involve with a relationship with the enemies while a war between Bangladesh and the enemy continues, will also be terminated.
