In the heart of Karachi, nestled within one of the city’s largest informal settlements, there is an untold story of unwavering determination and remarkable achievement. Here, defying all odds, a young girls’ gymnastics team has not only excelled in their chosen sport, but has also found themselves in the spotlight in a way they could have never imagined.

Within the labyrinthine alleys and bustling streets of Machhaira Colony aka Machhar Colony, a group of girls has defied not only the socio-economic challenges that often weigh heavily on their poor community, but also their marginalisation as ‘stateless’ human beings.

Despite being born and growing up in Karachi, many of these young girls are not recognised as citizens by the state of Pakistan and therefore are denied basic rights that all citizens are entitled to. Despite this, through sheer determination and relentless practice, they have risen above adversity to make their mark in the world of gymnastics in Pakistan.

This incredible journey began as a twist of fate, after the girls started attending a learning and recreational centre in Machhar Colony run by a non-governmental organisation (NGO) of which I am the founder-director.

Anwara and Sonia, who are sisters, first became part of the learning and recreational centre, known as Khel, when it commenced its operations in December 2015 in Machhar Colony, providing a secure haven for young, out-of-school children. At that time, Anwara was seven years old and Sonia was nine. Their mother worked as household help in houses across the city and their father held various odd jobs to support the family. The sisters joined Khel as a way to engage in productive activities rather than aimlessly wandering the streets.

Despite constitutional guarantees, laws and international commitments, Pakistan continues to deny the rights of citizenship to a large number of its citizens. The barriers that have stymied the dreams and ambitions of girl gymnasts from Machhar Colony are indicative of the countless challenges stateless individuals continue to face in the country. What must be done in order to ensure that those who remain undocumented are protected and allowed to live like full citizens?

Both Anwara and Sonia developed a keen interest in gymnastics after observing the boys’ training sessions at Khel. They expressed their desire to also receive training in this sport. Soon other girls they knew also joined in. Their enthusiasm to learn was matched by their determination. Slowly but surely, they began to pick up the fundamentals of the sport.

That was the birth of a girls gymnastics team from Machhar Colony. Over time, both Anwara and Sonia have undergone significant transformations. They have achieved remarkable success, securing various positions in interschool competitions. They have been able to participate in these competitions because of Khel’s informal education component.

In fact, their dedication and talent led them to represent the Sindh Women’s Team in the Gymnastics National Championships, held in Jamshoro in January 2023, where they achieved impressive rankings and won accolades.

The girls’ gymnastics skills have not only astounded their neighbourhood but have also gained recognition at the regional and national level. They have transcended the boundaries set by their circumstances and proven that talent knows no bounds. This has also helped in bringing the game to the forefront and more girls are exploring training for gymnastics.

The young gymnasts’ remarkable success story serves as an inspiration, not only to those within their settlement but to all of Karachi. It’s a testament to the power of determination, resilience, and the belief that, with hard work and dedication, even the most distant of dreams can be achieved.

However, despite the accolades that they have won, their journey is still replete with challenges, the primary one being that they don’t have the required paperwork to identify them as citizens of the state.

The absence of identity documents has far-reaching consequences across various aspects of life. Stateless children or those at risk of statelessness face barriers in accessing education, since schools often require official documents for admission. Even when some manage to attend school, they are unable to take their matriculation exams, prematurely ending their educational journey, leading to significant mental and emotional distress.

The girl gymnasts are unable to progress, attend training sessions abroad, participate in international competitions, or enroll in formal educational institutions because their lack of documentation renders them stateless. This is the case despite Pakistan having a legal framework in place to facilitate and grant equal rights to all children born within its borders.

Pakistan has a significant stateless population, the majority of whom are those that were affected by the separation of East and West Pakistan and the creation of Bangladesh. Furthermore, we have the presence of Rohingyas and third generation Afghan children that are stateless or at the risk of statelessness.

GYMNASTS OF NO NATION

The accomplishments of this undocumented and stateless gymnastics girls team are a testament to the power of determination and resilience in the face of adversity. They have encountered numerous obstacles along their journey, particularly in the form of limitations stemming from the lack of identity documents, which pose significant challenges to their participation in official competitions.

Advocacy efforts have resulted in the implementation of the National Database and Registration Authority’s (Nadra) one-parent policy, allowing children to obtain a B-form (Child Registration Certificate issued by Nadra) if one parent possesses a Computerised National Identity Card (CNIC). It is through this route that many have managed to acquire these essential documents.

However, they continue to face additional hurdles, as they are unable to obtain passports unless both parents possess CNICs. The Directorate of Immigration and Passports enforces this requirement, which is currently hindering the girls from realising their full potential by pursuing training opportunities abroad.

Consequently, their prospects of participating in international competitions remain uncertain. As they grow older, their opportunities to compete internationally reduce, leaving the dream of representing their country of birth on the international stage unfulfilled.

Another extremely talented gymnast who remains undocumented is Kiran. Now 18, Kiran has been at Khel since she was 10. She is currently also working as an assistant to the gymnastics coach, teaching young children gymnastics. Her mother is undocumented and her father had a CNIC which was lost.

Despite following the legal process and filing a First Information Report (FIR) with the police, Kiran’s father has not been able to get his CNIC reissued over the last several years. There is a stigma and discrimination attached to being an ethnic Bengali, because of which people like him are treated differently and discriminated against, sometimes just because of the way they look. Kiran, like Anwara and Sonia, has been part of the Sindh Team in the National Gymnastics Championship for Women.

WHAT IS STATELESSNESS?

There is an immense lack of awareness about statelessness globally and, specifically, in Pakistan. Statelessness is when an individual is not recognised as a citizen or national by any country under its laws.

This precarious status can have profound implications for the individuals that are affected, which leads to a range of rights deprivations and social vulnerabilities. A person who is stateless or without any documentation is invisible and, for all intents and purposes, does not exist. This leads to such individuals facing many challenges, some of which are:

Limited Legal Protections: Stateless people often lack access to the legal rights and protections that citizens enjoy. This includes the right to vote, access to education, healthcare, and legal recognition of personal and property rights.

Freedom of Movement Constraints: Stateless individuals are unable to travel, as they face many obstacles when travelling, both within their own country and across international borders. They are denied passports. In Pakistan, for the purposes of internal air travel, or even train travel, the requirement of a CNIC is compulsory. The lack of a CNIC, therefore, ensures that such people remain restricted to their spaces and cannot move freely.

Vulnerability to Discrimination and Exploitation: Being stateless makes individuals susceptible to discrimination, exploitation and abuse, as they do not have legal recourse to safeguard their rights and are often fearful of the system due to their status.

Limited Access to Basic Services: Stateless individuals struggle to access essential services such as education and healthcare. This can have long-term implications for their wellbeing and socio-economic prospects.

Employment Challenges: Without proper documentation, stateless individuals may face difficulties securing formal employment, often being relegated to low-paying, informal labour and exploitation.

Pakistan has a significant stateless population, the majority of whom are those that were affected by the separation of East and West Pakistan and the creation of Bangladesh. Furthermore, we have the presence of Rohingyas and third generation Afghan children that are stateless or at the risk of statelessness.

In addition, there are people who remain undocumented and are therefore stateless or at a risk of statelessness. Some of the factors that have contributed to the issue of statelessness in Pakistan are:

Lack of Birth Registration: Among marginalised communities, the absence of birth registration is a primary factor leading to statelessness. Without birth certificates or similar documentation, individuals struggle to establish a paper trail to determine their nationality.

Discrimination, Marginalisation and Exclusion: Ethnic Bengali communities residing in Pakistan face biases and exclusion, which pose significant obstacles to their ability to access legal safeguards and obtain nationality. There are numerous cases where people have had their nationality revoked or have encountered deliberately convoluted procedures that effectively prevent any resolution of their issues.

Non-Implementation of Laws: One of the primary obstacles lies in the failure to enforce existing laws designed to facilitate the granting of citizenship or nationality. This policy further complicates the procedure without providing any avenues for resolution, which can be intimidating for marginalised groups.

In Karachi, there are approximately 126 ethnic Bengali communities, one of them being Machhar Colony, where the girls gymnastics team is from. Machhar Colony has an estimated population exceeding 800,000 individuals, and 65 percent of these residents are ethnic Bengalis.

LEGAL FRAMEWORK AND CHALLENGES

In Pakistan, despite constitutional guarantees of fundamental rights, such as the right to education, healthcare and employment, there is an implementation gap which leaves certain groups of people grappling with obstacles, because of a lack of nationality or citizenship. These complexities in the process and conflicting policies result in significant challenges to persons seeking to access their basic fundamental rights.

The Pakistan Citizenship Act of 1951 outlines different modes for acquiring citizenship. For our purposes, the relevant modes are: first, citizenship by birth is granted to anyone born in Pakistan after the Act’s commencement. Second, citizenship by descent is granted upon those born to at least one parent who is a Pakistani citizen.

Third, citizenship by migration allows individuals who migrated to Pakistan before January 1, 1952, with the intention of permanent residence, to acquire citizenship upon obtaining a domicile certificate. Lastly, citizenship by naturalisation permits the federal government to register individuals as citizens if they meet specific criteria.

In addition to the same, the separation of East and West Pakistan was taken into consideration, and anyone who could show proof of living here from 1971 would be granted citizenship. Later, this policy changed to a requirement of evidence showing residence between 1971 and 1978.

The Constitution, under Article 25-A, mandates free and compulsory education for all children aged five to 16. However, policy makes it mandatory for a child to have a B-form in order to gain admission into a school and to take the high school (matriculation) examination, leaving any child that is undocumented or facing challenges in their documentation out of school.

Moreover, the Convention on the Rights of the Child, which Pakistan is a signatory to, emphasises the importance of registration and nationality rights for children. It underscores the child’s right to a name, nationality and preservation of identity, without unlawful interference. States are obligated to ensure these rights are upheld, especially to prevent statelessness among children.

The existing gap between Pakistan’s implementation of its citizenship laws, conflicting policies and its obligations under international conventions poses challenges for individuals seeking to exercise their fundamental rights. For instance, the requirement for both parents to have CNICs for obtaining passports can limit opportunities for training abroad and international competition participation.

TAKING A TOLL

The Imkaan Welfare Organisation’s mental health project highlights that a staggering 96 percent of depression cases in the Machhar Colony community can be linked to the lack of educational opportunities and the feeling of being stuck.

Take the example of Qadir, a member of the ‘Bihari’ community, who had a strong desire to advance his education. Despite successfully completing his undergraduate degree, he remains unable to obtain his degree documents due to the absence of a CNIC. This unfortunate situation renders his education essentially useless in the real world.

There are countless such cases of unfulfilled desires for education. Shehla, for instance, completed medical school, only to have her card blocked during her house-job, leaving her years of hard work at a standstill. 

At the Imkaan Welfare Organisation’s mental health clinic, we regularly address a range of issues stemming from the repercussions of statelessness and the profound impact of identity document deficiencies. One pressing challenge we encounter involves young men grappling with substance abuse disorders. Unfortunately, they face significant barriers when seeking rehabilitation assistance. Public-sector rehabilitation centers require a valid CNIC for admission, while private facilities remain financially out of reach for many.

As a result, these young individuals, both men and adolescents, find themselves with limited options for navigating the road to recovery. They are often left to cope independently, relying on self-medication as they strive to overcome their addiction, without the essential support they require.

Analysing the data from the past three years at our Mental Health Clinic, a prevalent trend emerges. A significant majority of depression cases can be traced back to the lack of access to education, underscoring the profound impact of this systemic issue on individuals’ mental well-being.

The Covid-19 pandemic highlighted the challenges faced by stateless individuals, who bore the brunt of the crisis’ impact. These marginalised communities found themselves excluded from vital government relief programmes, leaving them in a state of heightened vulnerability as they struggled to access necessities such as food rations and financial aid. The government ration and money relief programmes were drawn up against CNICs.

Furthermore, the rollout of the Covid-19 vaccine was delayed for stateless populations, with only two vaccination centres established in Karachi for those individuals who did not have a CNIC, a year after aggressive advocacy and awareness. These centres were inconveniently located, further exacerbating the accessibility issues faced by stateless individuals, who often hesitate to leave their localities due to concerns about discrimination. The pandemic further underscored the urgent need for comprehensive solutions to address the issues of statelessness.

CALL FOR ACTION

The challenges and issues related to being undocumented or stateless in Pakistan extend beyond the ethnic Bengali population. Numerous individuals across the country are undocumented for a myriad of reasons, including external and internal migrations, as well as generational gaps in identity documentations. These individuals, although not stateless presently, are at risk of facing statelessness in the future.

Statelessness in Pakistan is a critical concern that urgently requires collective action from the government, civil society and international organisations. This issue represents a grave human rights crisis impacting a substantial number of people, depriving them of their fundamental rights and opportunities.

Implementing the law, both in its explicit wording and its underlying principles, can effectively address issues for a significant portion of the impacted population. Furthermore, it is imperative to guarantee unobstructed access to education for every child. This objective can be attained by accepting alternative proof of birth documents in cases where a B-form is unavailable.

Addressing these pressing issues demands concrete actions from the Pakistani government. A concerted effort is imperative to bridge the implementation gap, ensuring that the law is upheld both in letter and spirit. This involves streamlining citizenship procedures, accepting alternative proof of birth documents, and creating pathways for those currently undocumented or at risk of statelessness.

Furthermore, education stands as a fundamental right, and every child in Pakistan should enjoy unhindered access to it. Government policies that currently exclude undocumented children from the educational system must be revised, providing these young minds with a chance to thrive and contribute to the nation’s progress.

Being in Khel and being a part of the gymnastics team has given the young athletes a profound sense of belonging and a heightened awareness of their own capabilities and potential. Through their involvement in the sport, they have developed strong connections with their teammates, discovered a sense of purpose and achieved many important milestones.

This experience has enabled them to transcend their challenging circumstances, offering them a space where they can confidently dream and aspire without fear of judgment. Through gymnastics, they have discovered their strength and resilience, qualities that empower them to face the challenges of their stateless status head-on and further a platform to showcase their talents, and to prove that they are not defined by their lack of citizenship.

They have developed as child rights defenders, using their platform and their voices to not just advocate for their own rights, but the rights of all those in Pakistan that are impacted by issues of identity and lack of documentation. These young athletes have become role models for other stateless children, showing them that they too can defy the odds and pursue their passions. Their stories highlight the importance of inclusivity and equal opportunities, irrespective of one’s legal status.

In early 2022, Anwara, Kiran, Sonia and their team — consisting of both boys and girls — submitted their birthright applications to the Ministry of Interior. Despite persistent efforts on their behalf, including sending numerous follow-up letters to inquire about the status of their applications, there has been no progress or response whatsoever.

This situation clearly reflects a systemic failure and a lack of commitment on the part of the state to uphold and provide the fundamental rights guaranteed to the children of Pakistan by law and the Constitution. It serves as a symbol of the difficulties people encounter when trying to obtain essential documents through established processes.

Moreover, apart from their birthright applications, they have made visits to various offices responsible for document processing. Unfortunately, their issues remain unresolved. In certain cases, B-forms have not been issued and, in others, obtaining a passport is impossible due to the requirement of both parents’ CNICs.

There has to be a concerted effort and political will to fill the implementation gap, ensuring that the law is implemented and reflected in policy without any conflict with domestic and international obligations. It is crucial that this change happens to ensure that all persons, especially children, can fully enjoy their rights. By addressing these challenges and streamlining citizenship procedures as prescribed in the law, Pakistan can advance its commitment to protecting the rights of its citizens, especially the most vulnerable.

The stateless gymnastics girls have not only defied gravity in their performances but have also defied the gravity of their statelessness. They symbolise resilience, hope and the unyielding human spirit. Their journey serves as a resounding reminder that, with determination, dedication and collective action, we can dismantle the barriers limiting individual potential and ensure that no one is left behind.

The writer is a lawyer and the founder-director of
Imkaan Welfare Organisation. X: @taherahasan

Published in Dawn, EOS, October 8th, 2023