U.K. National Archives

1. At our meeting on 3 February (CM(72) 5th Conclusions. Minute 2) the Home Secretary was invited to arrange for a study of the status of citizens of Pakistan and people belonging to Bangladesh. Since our meeting, it has become clear that Pakistan's withdrawal from the Commonwealth should be treated as final, and Bangladesh has been admitted to the Commonwealth.

2. Now that Bangladesh has acceded to the Commonwealth, it would in our view be most desirable to clarify the status in our law of people belonging to Bangladesh. The effect of the British Nationality Act, 1948, is that they remain Commonwealth citizens in our law only no long as they remain citizens of Pakistan in Pakistan law and so long as Pakistan citizens remain Commonwealth citizens in our law. They might become aliens at any time through action taken by Pakistan, over which we would have no control.

3. A Bill should therefore be prepared urgently for introduction this session to make such changes in our law as are necessary in consequence of our recognition of Bangladesh and her admission to Commonwealth membership. One of its main provisions would be to amend the British Nationality Act, 1948, to provide that citizens of Bangladesh are Commonwealth citizens.

4. Pakistan's withdrawal from the Commonwealth must now be accepted and we have to consider what legislative action is needed. We believe that we shall have to have a Bill - but not this session - in which, after consultation with the Government of Pakistan, we could cover commercial matters, Commonwealth preference, professional qualifications and a number of other points. The preparations of such a Bill will be complicated, involving nationality and related issues which are potentially contentious, and will take some time to resolve. A thorough study of the problems involved should be made by officials and a report submitted to Ministers with recommendations.

5. Meanwhile there is the awkward political question whether or not we should take any positive action now to preserve the position of Pakistan citizens resident here, for example, by Legislating as part of the Bangladesh Bill that, for a period of say 12 months, they would continue for all purposes to be treated as Commonwealth citizens. The arguments for so doing are to remove any doubts there may be in the minds of such Pakistani residents about their present status; to make clear their continued right to be registered as electors next autumn and to vote at elections; and to demonstrate that action to change the status of Pakistanis is intended. But the Attorney General has given it as his opinion that temporary provisions to preserve the position in this sense are not necessary as a matter of law. (The considerations which led the Government of the day to introduce a temporary Bill when South Africa left the Commonwealth do not apply. ) On the other hand this issue is certain to he raised during the debate on our proposed Bangladesh Bill. In our view the best course would be a statement than that Pakistanis will remain Commonwealth citizens until our law is amended, and that comprehensive legislation will be introduced in due course.

6. We accordingly -
(a) seek authority for the preparation of a Bill to be introduced into Parliament during the present session providing for the recognition of Bangladesh as a member of the Commonwealth;
(b) propose that a statement on the status of Pakistanis be made in Parliament; and
(a) propose that officiate should report on the legislative and other measures necessary to take account of Pakistani s withdrawal from the Commonwealth.

R. M.
A. D. H