This article examines the situation of stateless refugees in international law, in the context of the forced displacement of Pakistan's Bihari refugees in Bangladesh. Lauterpacht argued for the recognition of the right to a nationality, because nationality is the indispensable link between individual and international law.' He suggested that denationalization would result. The logic of .ottebohm's judgment with regard to the fundamental aspects of nationality is.
14 See Capotorti, F., 'Investigation of the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities', UN doe. In this regard, the principle of effective attachment is considered to underlie much of the state's practice with regard to state inheritance.2". Crawford believes that, in the absence of provisions to the contrary, persons who have their habitual residence in the new state territory state citizenship.
28 Graupner, 'Nationality and Succession of States - General Principles of the Effect of Territorial Changes on Individuals in International Law', Transactions of Grotius Sodey. The existence of the right to choose, which all persons affected by territorial changes have, has been defended by others. In the latter case, the successor state may request the removal of the optant from its territory.
47 "Declaration on Principles of International Law Concerning Friendly Relations and Cooperation among States in Accordance with the Charter of the United Nations", 1970.
Recognition of legal personality
The Arbitration Commission of the International Conference on the Former Yugoslavia considered using the right of choice, in which an 'individual can choose to belong to whichever ethnic, religious or linguistic community he or she wishes'."0 For the Bihari- community, this right of option has been offered by Pakistan and Bangladesh through the ICRC, and must be respected by Pakistan as an international obligation. Traditionally, international law has given minorities little recourse in terms of self-determination; greater adherence to the basic rules of human rights law is therefore required.6 The Bihari refugees' right to self-determination, attributed to their right of choice, is well founded in international law.62 Stateless refugees and the right to return 51 all other rights of the individual and consequently constitute a non - deductible right.64.
Since the Biharis have undergone denationalization by Pakistan, leading to their current status as stateless refugees, recognition of their legal personality requires attention. Article 16, which corresponds to Article 6 UDHR48, indicates that the recognition of legal personality must be accompanied by the granting of private rights. The inconsistencies in the travaux priparatoires, regarding 'capacity to be a person before the law' and 'capacity to act', were resolved by the Third Committee of the General Assembly, which ultimately provided that Article 16 concerned the capacity to was a person before the law and did not cover the ability to act. 65.
While the practical meaning of section 16 has been questioned, the 'recognition of legal personality' aids a systematic interpretation of all other human rights provisions. Although aggrieved persons possess legal personality ex definitione, Bihari refugees do not have the usual attributes of nationality due to their denationalization by Pakistan.
Right to Return in International Law
Genuine effective link and admission
Although citizens of Pakistan, Biharis are subject to lack of the usual attributes of nationality, including effective protection. Stateless Refugees and the Right to Return 55 effective protection requires assessment of the actual effective connection.88 The crucial issue of connection may determine effective nationality, and in that the Biharis have demonstrated the fact of connection, complete with interests and feelings. He sought the services of the UN to arrange the repatriation.92 However, the Pakistani repatriation formula was highly politicized and intended to exclude most of the Bihari refugees.
By the end of UNHCR's repatriation operation in June, the Bihari refugees had returned to their country of former habitual residence3, although the ICRC was registered. However, a revised count stated that 534,792 had applied for repatriation and 118,866 were inside the country. Report of Proceedings, International Conference to Consider the Plight of Bengalis in Bangladesh Choosing to Go to Pakistan, International Council of Voluntary Agencies, Geneva (13-14 December 1982), 3-4. The first phase of repatriation was suspended in June 1974, with the exhaustion of funds available to the UNHCR.
The redirection of all involvement with the international agencies for the repatriation clearly indicated the indifference of the IDP. 118 Although Agriculture Minister Sartaj Aziz assured the Senate for the rehabilitation of the Bihari refugees, the GOP policy remained unclear even to the Pakistani Parliament. Stateless refugees and the right to return 59 However, some members of the IDP accepted the right of return of Bihari refugees.2' Other political members argued that the fact that the Government of Bangladesh (GBB) is asking the IDP to to repatriate nationals2' is 'most humiliating, [and].
In defense of Biharis' right to return, while the Pakistani Law Minister is said to have stated, 'It is their legal right that Biharis be brought to Pakistan. It claims that the presence of the Afghan refugees has negatively affected its economy due to limited resources in the social sector. President Bhutto's Pakistani government from 1972 expressed concern about the situation of the Biharis.'6 6. However, the acceptance of a repatriation procedure has shown the systematic violation of the Bihari refugees' right to return.67 Indeed, the repatriation process has been manipulated to interfere with the international legal right of Bihari refugees to return to Pakistan.68.
1" Bihari refugees claim that because of the actions of the Pakistan Army in 1971, they were persecuted and are constantly victimized. What happened to our right to return to our homeland?' The obvious confusion in conflating issues of Bihari refugees' legal right to return and the repatriation process is amply evident in Pakistani practice for the last 28 years.The attitude of the GOB has been tolerant, although the government's efforts on behalf of Biharis have been minimal.
Moreover, most of the refugees are exploited and are paid far less than acceptable salaries.1 Author interviews, 1996-98. The role of the UNHCR derives from the Statute of the Office and the duties attributed to the Office of the High Commissioner by the General Assembly.'9' Since international protection is based on durable solutions, the first of which is repatriation,'92 Biharis' right to return justifies the direct involvement of the UNHCR. The right to return of Bihari refugees must be assessed within the 'primary' rule of international law that prohibits the abuse of rights of control over the movement of people,0 7 rights that would be violated if certain limits were exceeded in the course of the exercise, or if they are exercised with the intention of harming others.0' The practice of Pakistan has harmed the Bihari community where the inability of refugees to return home is emphasized by the arbitrary deprivation.
21 UNHCR has been the main focal point for UN operations and the expertise of the Office would be useful.
