TERM PAPER ON

INTERNATIONAL REFUGEE LAW

ON THE TOPIC OF

"Rohingya Refugees in Bangladesh: A Constitutional

Analysis of Protection from Violence and Coercion"

SUBMITTED TO:

Dr. Nafees Ahmad

Associate Professor
Faculty of Legal Studies
South Asian University

SUBMITTED BY:
Md. Rakibul Islam
Student ID: SAU/LLM/2021/12
Faculty of Legal Studies
South Asian University

Date:18/05/2023
Abstract
This study presents a constitutional analysis of the protection afforded to Rohingya refugees in
Bangladesh from violence and coercion. The Rohingya crisis emerged as a significant
humanitarian issue, with many Rohingya Muslims fleeing persecution in Myanmar and seeking
refuge in neighbouring Bangladesh. Drawing upon constitutional principles and international
legal frameworks, this analysis examines how the Bangladeshi Constitution protects Rohingya,
refugees against violence and coercion. The study delves into vital constitutional provisions,
relevant case law, and governmental policies to assess the legal safeguards in place for the
Rohingya community. Furthermore, it explores the practical challenges faced in implementing
and ensuring the adequate protection of Rohingya refugees within the host country. By
evaluating the constitutional framework and its implications, this research contributes to a
comprehensive understanding of the legal rights and protections available to Rohingya refugees
in Bangladesh, highlighting areas for improvement and potential avenues for advocacy and
policy development.
INTRODUCTION

The Rohingya refugee crisis in Bangladesh has been one of the most severe humanitarian crises
of the past few decades. Over a million Rohingya Muslims from Myanmar fled their Rakhine
State home due to violence, persecution, and discrimination. Bangladesh has been a major host
country for these refugees, providing them shelter, food, and other nieces. However, the
situation of these refugees remains precarious as they continue to face challenges such as
violence, coercion, and lack of access to essential services. The paper will begin by providing
an overview of the Rohingya refugee crisis, including the historical context and why the
Rohingya have been persecuted in Myanmar. This will be followed by an analysis of the legal
framework in Bangladesh, including the relevant constitutional provisions and domestic
legislation governing refugee protection. Finally, the paper will explore the international legal
framework that protects refugees, including the relevant treaties and conventions that
Bangladesh is a party. The report will analyse the Bangladesh government's obligations under
international law, including its obligations to protect refugees from violence and coercion.

Who are the Rohingya

The Rohingya are an ethnic minority group of Muslims living in Myanmar's Rakhine State for
generations. However, they have faced persecution and discrimination from the Myanmar
government and its Buddhist majority population for decades. The United Nations considers
the Rohingya one of the most persecuted minority groups in the world.

In the 8th century, Arab traders arrived in Arakan (present-day Myanmar), and Muslim
settlements began in the region. The Muslim population of this area became known as
Rohingya in later times. From the history and geography, it is known that Bengalis, Persians,
Turks, Moghuls, Arabs and Pathans have been living in the northern part of Rakhine state for
a long time, near the Bay of Bengal. Their language influences Chittagong's pronunciation. In
addition, there are also words from Urdu, Hindi and Arabic. The two central communities
living in Rakhine are the Moghs and the Rohingya. The Moghs are followers of Buddhism.1

Although in the past few years, the Burmese, Japanese, and Mogh military have forced the
Rohingya people to flee from their homeland multiple times, they have settled in the Teknaf

1Blakemore Erin, “Who are the Rohingya people?”, National Geographic, 2019.Retrieved 08 May
2023
and Cox's Bazar regions of Bangladesh, along with other countries in Southeast Asia.2
However, the Rohingya farmers have repeatedly returned to Rakhine if given the opportunity.

A famous story about the Rohingya people states that during the 7th century, some survived a
shipwreck in the Bay of Bengal and sought refuge in the nearby hills. They believed that they
survived by the grace of Allah. This mercy has allowed the Rohingya to exist today. At that
time, the Bengali writers of the Arakan kingdom referred to the state as Rosang State.

History of Rohingya Refugees

Historical records show that from 1430 to 1784, the independent kingdom of Arakan covered
an area of 22,000 square miles. After the Burmese king Bodawpaya invaded the kingdom,
Buddhist rule began. At one point, the British colonised the region, creating the province of
Arakan. They listed 139 ethnic groups in Myanmar, but the Rohingya were omitted. This
mistake led to the British authorities denying Rohingya citizenship. In 1948, on January 4th,
Myanmar gained independence from British rule and embarked on multi-party democracy. At
that time, the Rohingya had representation in the Parliament, and several community members
also held positions in the government. However, in 1962, General Ne Win staged a military
coup and began a period of authoritarian rule in Myanmar, which diverted the country's
trajectory.3

The Rohingya crisis marks a new chapter of suffering for this group. They are identified as
foreigners and denied their citizenship rights. They are deprived of their voting rights and
subjected to religious persecution and violence. Their fundamental human rights have been
violated, including frequent incidents of murder and rape. Their properties have been seized,
and they are forced into compulsory labour. They have limited access to education and
healthcare and are not granted permission to marry or register their children. They are also
prohibited from disclosing their ethnic identity and are subjected to one restriction after another
to limit their population growth.

After the military coup in Myanmar in 1962, the situation for the Rohingya changed
dramatically. All citizens were required to have a national registration card, but the Rohingya

2Ibid
3William J. Topich and Keith A. Leitich, The History of Myanmar (ABC-CLIO. ISBN, 9 January 2013)
978-0-313-35725-1.
were only given foreign identity cards, which limited their access to education and employment
opportunities.

In 1982, the Myanmar government passed a new citizenship law that effectively stripped the
Rohingya of citizenship. The law did not recognise the Rohingya as one of the country's 135
recognised ethnic groups. The law had three tiers of citizenship, with the most basic level
(natural citizenship) requiring proof that one's family had lived in Myanmar before 1948 and
the ability to speak the national language fluently. Many Rohingya needed more documentation
and could tell the national language fluently. As a result, their access to education, employment,
travel, marriage, religious practices, and healthcare was severely restricted. The Rohingya were
also unable to vote, and their ability to pursue certain professions, such as medicine or law,
was limited.

The first instance of Rohingya refugees being relocated to Bangladesh occurred in 1978.
Another displacement occurred in the early 1990s. Before 1992, those who came to Bangladesh
settled in the southeastern region near the Myanmar border in Cox's Bazar. Rohingyas faced
military crackdowns and oppression in 1978, 1991-1992, 2012, 2015 and 2016, and most
recently in 2017. According to the United Nations investigation, Rohingyas are being subjected
to persecution and religious intolerance by extremist Buddhist groups within Myanmar. At the
same time, they have been victims of extrajudicial killings, unlawful detention, torture, rape,
and forced labour by Myanmar's security forces.4

For several decades, the Myanmar government has subjected the Rohingya people to violence,
discrimination, and persecution. In 2017, a widespread campaign of violence began in the
Rakhine State of Myanmar, forcing over 1 million Rohingya, half of children, to flee to
Bangladesh. The ongoing violence and persecution have led to hundreds of thousands of
Rohingya being displaced and seeking refuge in neighbouring countries by land and sea. On
August 25, 2017, after 12 security personnel were killed in an attack by Rohingya militants,
the Myanmar military began a "clearance operation" against the Rohingya people. During this
operation, an estimated 400-3,000 Rohingya were killed, many were injured, and many others
were subjected to torture, rape, and other forms of violence. Their homes were burned down
and destroyed.5

4 https://www.azharbdacademy.com/2022/08/Rohingya-and-the-history-of-the-Rohingya-
crisis.html>last Accessed on 7th May 2023.
5 .Ibid
The Situation in Bangladesh Regarding the Rohingya Refugees

Bangladesh is currently hosting refugees from Myanmar. However, there have been instances
where some refugees have violated the country's laws and engaged in criminal activities,
making them subject to the applicable statutory regulations. In case of conflicts between
refugees and citizens resulting in infringing fundamental refugee rights, refugees can seek
justice in court. Unfortunately, due to financial constraints, many refugees cannot engage in
legal representation, making it difficult to pursue their cases. To address this issue, the
Government of Bangladesh enacted the Legal Aid Act 2000 (Act 6 of 2000), which provides
legal assistance to indigent litigants, including refugees, in appropriate cases. By utilising this
Act, refugees can avail themselves of legal aid and access justice.6

Refugee Protection and the Constitution of Bangladesh

The supreme law of the land is the constitution, which enlists fundamental rights in Part III to
ensure equality before the law. There are a total of 18 fundamental rights, some of which also
apply to non-citizens. Such as:

The Right to Protection of Law

Under the Constitution of Bangladesh, refugees are entitled to enjoy the protection of the law
in the country, as guaranteed by Article 31, which confers this right upon them.

Article 31 states, “To enjoy the protection of the law, and to be treated by the law, and only by
law, is the inalienable right of every citizen, wherever he may be, and of every other person for
the time being within Bangladesh, and in particular no action detrimental to life, liberty, body,
reputation or property of any person shall be taken except by the law”. 7

Protection of Right to Life and Personal Liberty:

6 M. Shah Alam, “International Refugee Law: A Critical Review”, Bangladesh Journal

of Law, Bangladesh Institute of Law and International Affairs, Vol. 1, No. 1 (June
1997), pp.115-116.
7 Art.31, The Constitution of the People's Republic of Bangladesh, 1972
Article 32 of the Constitution provides that no person shall be deprived of life or personal
liberty save by law.8

Safeguards as to Arrest and Detention:

Article 33 of the Constitution safeguards against the arrest and detention of citizens and non-
citizens. It specifies that no person arrested shall be detained in custody without being informed
of the grounds for arrest as soon as possible. Additionally, the right to consult and be defended
by a legal practitioner of their choice must be allowed. However, this right does not apply to
anyone currently designated as an 'enemy alien'.9

Prohibition of Forced Labour:

The rights of refugees can be protected under Article 34 of the Constitution, which prohibits
any form of forced labour. Any violation of this provision is considered an offence punishable
by law.10

Enforcement of Fundamental Rights:

Refugees in Bangladeshi citizens have the right to seek enforcement of their fundamental rights
through the Honorable High Court Division under Article 102 of the Constitution. Furthermore,
the Constitution of Bangladesh obligates the government to support the struggle against the
racialism of oppressed peoples globally. 11Part II of the Constitution contains the Fundamental
Principles of State Policy, which adhere to the principles of international law, including those
in the United Nations Charter. However, proper legal interpretations and proactive initiatives
from the government are necessary to effectively execute the legal provisions that protect the
interests of refugees. Bangladesh has yet to take significant steps in this regard.

Protection from Violence and Coercion:

Bangladesh is legally obligated to protect these refugees from violence and coercion as a host
country. The Constitution of Bangladesh provides several provisions that guarantee
fundamental rights to all individuals, including refugees. These provisions serve as the legal

8 Ibid., Art. 32
9 Ibid., Art. 33
10 Ibid., Art. 34
11 Ibid., Art. 102
foundation for protecting the Rohingyas from violence and coercion. This essay will explore
the constitutional protections provided to Rohingyas in Bangladesh, examining the legal
framework and the challenges faced in their implementation.

(a)Non-arbitrary Arrest or Detention:

The Constitution of Bangladesh provides non-arbitrary arrest and detention safeguards for all
individuals, including Rohingya refugees. Article 33 of the Constitution ensures that no person,
regardless of their status, can be detained without being informed of the grounds for their arrest.
This protection is essential for Rohingya refugees who face persecution and the risk of arbitrary
detention in their home country, Myanmar. Moreover, the right to consult and be defended by
a legal practitioner of their choice cannot be denied to any arrested person unless they are
deemed an "enemy alien". The Constitution provides explicit protections against arbitrary
arrest and detention. Still, there are challenges in their practical implementation, particularly
for Rohingya refugees, who often lack legal representation and financial resources to defend
themselves. Therefore, the government of Bangladesh needs to take proactive measures to
ensure that constitutional safeguards are effectively enforced and that Rohingya refugees are
protected from arbitrary arrest and detention.12

(b)Preventing and Responding to Sexual and Gender-Based Violence:

The Rohingya refugee crisis in Bangladesh has been characterised by numerous cases of sexual
and gender-based violence (SGBV) against women and girls. As a host country, Bangladesh is
responsible for preventing and responding to such atrocities. The Constitution of Bangladesh
provides several mechanisms to address SGBV and protect the rights of Rohingya refugees.
Article 27 of the Constitution guarantees the right to equality before the law and prohibits
discrimination on the grounds of gender. Moreover, the Constitution guarantees the right to life
and personal liberty (Article 32) and prohibits torture and cruel, inhuman or degrading
treatment or punishment (Article 35). The legal framework also includes the Prevention of
Oppression Against Women and Children Act (2000), which criminalises violence against
women and children, including rape and trafficking. Additionally, the government of
Bangladesh has established several institutional mechanisms to address SGBV, such as the

12“Bangladesh: Analysis of Gaps in the Protection of Rohingya Refugees”, UN High Commissioner

for Refugees May 2007.https://www.refworld.org/docid/472897120.html>last visited on 15 April 2023
One-Stop Crisis Center, which provides legal and medical support to survivors of violence.
Despite these mechanisms, significant challenges exist in effectively preventing and
responding to SGBV against Rohingya refugees, mainly due to cultural and language barriers,
limited access to justice, and inadequate resources. Therefore, the government of Bangladesh
must continue its efforts to strengthen these mechanisms and ensure that the rights of Rohingya
refugees are protected from all forms of violence and discrimination.13

(c)Specific Programmes to Protect Children from Violence and Coercion of

Rohingya Refugees and Constitutional Protection:

The Rohingya refugee crisis has had a significant impact on children, with many of them facing
violence and coercion. As a host country, Bangladesh is responsible for protecting these
children's rights and preventing such atrocities. The Constitution of Bangladesh provides
several mechanisms to address violence against children and protect their rights.

Article 28 of the Constitution guarantees all individuals' right to life and personal liberty,
including children. Furthermore, the Constitution prohibits torture and cruel, inhuman, or
degrading treatment or punishment, ensuring protection against violence and coercion.14
Additionally, the Children Act 2013 provides comprehensive legal protection to children from
all forms of violence, abuse, and exploitation, including sexual exploitation, trafficking, and
child labour.15

The Government of Bangladesh, in collaboration with international organisations, has

established several programs to protect children from violence and coercion. These programs
include the Child Protection in Emergencies (CPIE) program, which aims to provide lifesaving
assistance and protection to children affected by emergencies such as natural disasters or
conflict. The program also provides child protection services, including psychosocial support,
family tracing and reunification, and alternative care arrangements for unaccompanied and
separated children.

Moreover, the UNICEF-supported Child-Friendly Spaces (CFS) provide a safe and secure
environment for children to receive education, engage in recreational activities, and receive
support and counselling services. The CFS also provides opportunities for community
mobilisation and participation, ensuring that the voices and needs of children are heard and

13 Ibid
14 Supra 7, Art. 28
15 The Children Act,2013
addressed. Despite these efforts, significant challenges remain in effectively protecting
Rohingya refugee children from violence and coercion. The lack of resources, cultural and
language barriers, and limited access to justice pose substantial obstacles to ensuring their
rights are protected. Therefore, the government of Bangladesh must continue to prioritise
protecting children from violence and coercion and allocate adequate resources to address these
issues.

(d)Effective Security Systems in Camps from Violence and Coercion for

Rohingya Refugees and Constitutional Protection of Bangladesh:

The Constitution of Bangladesh provides for the protection of all persons, including refugees,
from violence and coercion. Article 31 of the Constitution guarantees the right to protection of
the law for every person, which includes refugees. In addition, Article 32 provides for the right
to life and personal liberty, which encompasses protection from violence and coercion. To
ensure adequate security systems in the camps and settlements for Rohingya refugees, the
government of Bangladesh has established various measures. Law enforcement agencies patrol
the bases to ensure the safety and security of the refugees. The government has also established
a separate agency, the Refugee Relief and Repatriation Commission, to support and assist the
refugees.

Furthermore, the government has collaborated with various international organisations, such
as the UNHCR and IOM, to improve the security situation in the camps and settlements. These
organisations provide training to the security personnel and support for the victims of violence
and coercion. To protect children from violence and intimidation, the Constitution of
Bangladesh provides for the protection of the rights of the child. Article 28 of the Constitution
ensures that no child shall be subjected to any form of exploitation, and Article 29 guarantees
that the state shall ensure equal opportunities for all children. In addition, the government has
established child-friendly spaces in the camps and settlements to provide a safe environment
for children.16

The government has also implemented various programs to address the issue of violence and
coercion against children, including awareness campaigns and training programs for parents,
teachers, and community leaders. Moreover, the government has established child protection

16 Ibid., Art. 29
committees in the camps and settlements to prevent and respond to cases of violence and
coercion against children.

Examine Relevant International Laws and Human Rights Treaties that

Protect Refugees from Violence and Coercion:

Several international laws and human rights treaties protect Refugees from violence and
coercion. Such as :

● The 1951 Refugee Convention and 1967 Additional Protocol:

This Convention defines who is a refugee and sets out the rights of individuals who are granted
asylum and the responsibilities of states that grant asylum. It protects refugees against
expulsion or return to countries where their lives or freedoms may be at risk.17

According to three levels of treatment for certain refugee rights established by the 1951
Convention:

a) National Treatment: Nationals and refugees should receive the same treatment.

b) The term "most favoured nation treatment" refers to the most favourable treatment given to
foreign nationals; and

c)"Treatment as favourable as possible" refers to treatment that, in any case, should not be less
favourable than that given to aliens generally in the same condition.

● Convention against Torture and other Cruel Inhuman or Degrading

Treatment or Punishment, 1948:

The Convention against Torture, through Article 3(2), requires the state to consider a persistent
and systematic pattern of gross and massive human rights violations when deciding on the
18
expulsion of individuals. Additionally, the Committee against Torture oversees the

17Art. 33, The Refugee Convention ,1951

18Art. 3(2), The Convention against Torture and other Cruel Inhuman or Degrading Treatment or
Punishment, 1948
convention's implementation. It has established essential principles about removing denied
asylum seekers, which offer crucial protection to refugees, including their right not to be
forcibly returned to a country where they may face persecution.

● The Convention on the Elimination of All Forms of Discrimination

against Women:

The abovementioned Convention prohibits discrimination against women and requires states
to take measures to eliminate discrimination and ensure equality between men and women. It
also requires states to prevent and address violence against women.19

● Convention on the Rights of the Child (1989):

Article 22(1) of the Convention states,“ States Parties shall take appropriate measures to
ensure that a child who is seeking refugee status or who is considered a refugee by applicable
international or domestic law and procedures shall, whether unaccompanied or accompanied
by his or her parents or by any other person, receive appropriate protection and humanitarian
assistance in the enjoyment of applicable rights outlined in the present Convention and in other
international human rights or humanitarian instruments to which they said States are
Parties”.20

Article 22(2) states that the “States Parties shall provide, as they consider appropriate, co-
operation in any efforts by the United Nations and other competent intergovernmental
organisations or non-governmental organisations co-operating with the United Nations to
protect and assist such a child and to trace the parents or other members of the family of any
refugee child to obtain information necessary for reunification with their family. In cases where
no parents or other members of the family can be found, the child shall be accorded the same
protection as any other child permanently or temporarily deprived of their family environment
for any reason, as outlined in the present Convention.” 21

As a member of the UNHCR's Executive Committee, Bangladesh must protect asylum seekers
and refugees and uphold the principle of nonrefoulement. This principle means that all states

19 Art.15, The Convention on the Elimination of All Forms of Discrimination against Women, 1979
20 Art. 22(1) The Convention on the Rights of the Child,1989
21 Ibid., Art. 22(2)
must defend and promote human rights universally, including for refugees and asylum
seekers.22

● Universal Declaration of Human Rights (UDHR) 1948:

Universal Declaration of Human Rights (UDHR) includes specific provisions that apply to
every human being, regardless of location. It is the first international document to recognise
the right of everyone to seek and enjoy asylum from persecution. 23It is clearly described that:

a) “No one shall be subject to arbitrary arrest, detention or exile”;24

b) “Everyone has the right to a nationality”; 25

c) “Everyone has the right to freedom of movement and residence within the borders of each
State Everyone has the right to leave any country, including his own, and return to his
country.” 26

● International Covenant on Civil and Political Rights (1966):

The Covenant on Civil and Political Rights is the primary international treaty that mandates
states to protect and uphold all individuals' civil and political rights within their territory and
under their jurisdiction.27 The Covenant also safeguards freedom of movement and prohibits
forced expulsion. Covenant on Civil and Political Rights guarantees the rights of individuals
within a state's territory, including freedom of movement and protection against forced
eviction. Specifically, everyone has the right to freedom of movement, to choose their
residence and to leave any country, including their own. These rights can only be restricted if
provided by law and necessary to protect national security, public order, public health or
morals, or the rights and freedoms of others. They must be consistent with other rights
recognised in the Covenant. Additionally, no one can be arbitrarily deprived of the right to
enter their own country.28

22 Ibid
23 Art. 14, The Universal Declaration of Human Rights, 1948
24 Ibid., Art. 9
25 Ibid., Art. 15
26 Ibid., Art. 12
27 International Covenant on Civil and Political Rights ,1966
28 Ibid., Art.12(1)(2)(3)(4)
These international laws and human rights treaties provide a framework for protecting refugees
from violence and coercion. They require states to prevent and address such acts and ensure
victims can access effective remedies. However, the effectiveness of these laws and treaties
depends on their implementation by states and the willingness of states to uphold the rights of
refugees.

Protecting Refugee’s Rights under the International Legal Norms and

Principles:

The idea of international protectionism for refugees is based on the principles of customary
international law, and it is supported by the fact that refugees are the most vulnerable group of
stateless people, subject to systematic discrimination and human rights violations, and who are
highly exploited by their home country's government. Until they are repatriated to their country
of origin, reunited in the host country, or relocated to a third country, refugees need temporary
or permanent protection or minimal humanitarian help.29

As a short-term policy, the state may offer temporary protection to ensure the safety of
refugees, which paves the way for a long-term solution. This is also used as a stopgap measure
in the event of a large influx of refugees to create the conditions for safe repatriation.30
However, the fundamental principles and standards of international customary law, particularly
those about the protection of refugees, can be summed up under the following headings:

1. Non-refoulement:

The most fundamental and dogmatic principle of international refugee law, the focus of non-
refoulment, broadly means that states are obligated not to send refugees back to countries where
they fear persecution nor to forbid them from staying if they cross the border illegally. Simply
put, states are strictly barred from returning a refugee or asylum applicant to any location or
area where they have a real danger of "well-founded fear of persecution" due to racial or
religious strife, nationality, social inequality, or political unrest.

29 Abdullah Al-Faruque, “Plights of Rohingya Refugees in Bangladesh: Legal Aspect of the Problem”,
2014.
30 Joan Fitzpatrick,“Temporary Protection of Refugees: Elements of Formalized Regime”, American

Journal of International Law, vol. 94, No.2 (2000), pp. 279-306

Accordingly, Article 33(1) of the 1951 Refugee Convention enumerates that.

“No contracting state shall expel or return a refugee in any manner whatsoever to the frontiers
of territories where his life or freedom would be threatened on account of his race, religion,
nationality, membership of a particular social group or political opinion.” 31

Therefore, if any state forces the refugee to return to a frontier where they are likely to
experience a legitimate fear of persecution, it would violate fundamental human rights
principles of international customary law.

Again Article 2 of the Declaration on Territorial Asylum 1967 states that

“No asylum seeker shall be subjected to measures such as rejection at the frontier or if he has
already entered the territory in which he seeks asylum, be expelled from or be forced to go to
any state where he may be subjected to persecution.” 32

Article 3 of the „UN Convention Against Torture and Other Cruel, Inhuman, Degrading
Treatment or Punishment, 1984‟ says-

“No state shall expel, return or extradite a person to another state where there are substantial
grounds for believing that he would be in danger of torture”. 33

Other international treaties and conventions have also incorporated the non-refoulment
principle for refugee protection. In addition to recognising the nonrefoulement concept, the
Asian African Legal Consultative Committee's 1966 Bangkok Principles emphasised that it is
a cornerstone of international refugee legislation to protect refugees. The Cartagena
Declaration of 1984's Article 3(5) further underlined that this is an essential concept about
refugees and that it is necessary to consider contemporary international law as "Jus Cogens."
However, in extreme situations, such as when there is a significant threat to national security
or a persistent danger to the community, refugees are not permitted to use this concept.

2. Asylum:

The idea of asylum often has high importance in customary international law, particularly for
preserving the fundamental human rights of the refugee. Article 14(1) of the UDHR stresses
that:

31 Art. 33(1), The Refugee Convention,1951

32 Art. 2, The Declaration on Territorial Asylum, 1967
33 Art.3, The UN Convention Against Torture and Other Cruel, Inhuman, Degrading Treatment or

Punishment, 1984
“Everyone has the right to seek and enjoy in other countries asylum from persecution”. 34

Recognising asylum as the first need for an international refugee community affirmed that

“Asylum is the protection which a state grants on its territory or in some other place under the
control of certain organs to a person who comes to seek it.” (Article-1, 15(1951).

In addition, Article 3(3) of the United Nations Declaration on Territorial Asylum and Article
2(5) of the OAU Convention on Refugees, adopted in 1969, recognised the right to asylum as
a refugee's right to life.35

Therefore, it may be legitimately claimed that a person who has fled their home country due to
persecution has the primary and first right to be given asylum in another nation, as well as the
temporary right to reside there while waiting for a permanent solution that will allow them to
return to their own country.

2. International Solidarity and Burden Sharing:

According to the principle of international solidarity and burden sharing, the issue of refugees
affects the entire world community rather than just one state, and each state must share in the
burden of finding a long-term solution for those in need. This principle is crucial to
collaboration for the protection of refugees, and the scope of obligation will undoubtedly be
increased in the event of a large-scale intake of refugees, especially if the country is weak and
poor.

As regards the principle of burden sharing, the preamble of the 1951 Convention asserts:

“Considering that the grant of asylum may place an unduly heavy burden on certain countries
… the international scope and nature cannot, therefore, be achieved without international
cooperation.”

Moreover, Article 2(2) of the Declaration on Territorial Asylum, 1967 states:

“Where a state finds difficulty in granting or continuing to grant asylum, states individually or
jointly or through the United Nations shall consider, in the spirit of international solidarity,
appropriate measures to lighten the burden on the state.” 36

34 Art. 14(1), The Universal Declaration of Human Rights,1948

35 Art. 3(3), The United Nations Declaration on Territorial Asylum,1969
36 Ibid., Art. 2(2)
Thus, in the event of a large-scale refugee influx, international solidarity and burden-sharing
would undoubtedly guide the concerned countries to arrive at a satisfactory solution and lessen
the burden on the needy, impoverished governments.

Evaluate the Extent to which Bangladesh has Complied with these Laws and
Treaties in its Treatment of Rohingya Refugees:

Several relevant international laws and human rights treaties protect refugees from violence
and coercion, as I have mentioned earlier. Although Bangladesh is not a party to the 1951
Refugee Convention or its 1967 protocol and lacks specific domestic laws or national policies
protecting refugees, it has delegated the powers to grant residential permits to administrators
at the district and sub-district levels. Additionally, refugees are treated as foreigners and subject
to the Foreigners Act of 1946 provisions under municipal laws. However, Bangladesh is not a
signatory of the 1951 Refugee Convention and 1967 Additional Protocol but a signatory to
many of these international laws and treaties and has a legal obligation to abide by them.
However, its treatment of Rohingya refugees has been subject to criticism from the
international community and human rights organisations.

For example, the principle of non-refoulment, which prohibits the forced return of refugees to
a place where they face persecution, is enshrined in the 1951 Convention Relating to the Status
of Refugees and its 1967 Protocol. Despite this, Bangladesh has forcibly returned Rohingya
refugees to Myanmar, where they are at risk of serious human rights violations and persecution.

Similarly, the ICCPR guarantees all individuals' civil and political rights within a state's
territory and subject to its jurisdiction, including freedom of movement and the prohibition of
forced expulsion. However, Rohingya refugees in Bangladesh have faced restrictions on their
freedom of movement and have been confined to refugee camps in Cox's Bazar. Furthermore,
the CRC mandates specific protections for children, including protection from violence and
exploitation. However, Rohingya children in Bangladesh have been subjected to child labour,
child trafficking, and other forms of exploitation.

In summary, while Bangladesh has ratified several international laws and treaties that protect
refugees from violence and coercion, its treatment of Rohingya refugees has fallen short of its
legal obligations. The country must take more proactive measures to ensure the safety and
security of Rohingya refugees and comply fully with international human rights standards.
The Current Situation for Rohingya Refugees in Bangladesh, including any
Challenges they Face.

The Rohingya refugees who fled Myanmar to seek shelter in Bangladesh face several
challenges. According to the United Nations, there are over 900,000 Rohingya refugees in
Cox's Bazar, making it one of the world's largest refugee settlements. Here are some of the
challenges they are facing:

● Overcrowded and Poor Living Conditions:

The refugee camps in Cox's Bazar are overcrowded, with inadequate sanitation and
hygiene facilities. This has led to the spread of diseases such as cholera, diphtheria, and
fever.

● Limited Access to Education:

Many Rohingya children have limited or no access to education due to a lack of schools
in the refugee camps.

● Limited access to Healthcare:

Healthcare facilities in the refugee camps are limited and often unable to provide
adequate treatment for serious health problems.

● Restricted Movement:

The refugees can leave the camps with permission, making it challenging to access necessities
and seek employment.

● Climate-related Challenges:

The camps are located in an area prone to flooding and landslides, which have led to
the displacement of thousands of refugees.

● Protection Concerns:
There are also concerns about the safety and security of Rohingya refugees, particularly
women and girls, who are vulnerable to sexual and gender-based violence.

The Bangladesh government and international aid organisations are working to address these
challenges and improve the living conditions of Rohingya refugees. However, the situation
remains complex and challenging, with the need for sustainable solutions to support the
Rohingya community in the long term.

Limitations or Challenges to the Application of These Provisions to

Rohingya Refugees:

While the Bangladesh Constitution provides specific protections for all individuals within its
territory, including Rohingya refugees, there are several limitations and challenges to
effectively applying these provisions. One major challenge is the lack of resources and capacity
of the Bangladesh government to implement and enforce these protections effectively. The
government has been overwhelmed by the large influx of Rohingya refugees and is struggling
to provide essential services, let alone ensure the protection of their fundamental rights. This
has resulted in inadequate security measures and a lack of adequate response to incidents of
violence and coercion.

Another limitation is that the Bangladesh government does not recognise Rohingya refugees
as citizens or legal residents. This means they are not entitled to the same rights and protections
as citizens and may face barriers to accessing justice or seeking redress for violations of their
rights.

Additionally, the Rohingya refugees and the host community lack awareness and
understanding about their rights and the mechanisms available for seeking protection and
redress. This can make it difficult for victims of violence and coercion to come forward and
report incidents or to seek help from relevant authorities.

Finally, Myanmar's ongoing conflict and instability, which is the root cause of the Rohingya
refugee crisis, continues to pose a significant challenge to effectively protecting their rights.
Until there is a lasting solution to the conflict and the safe and voluntary repatriation of
Rohingya refugees to Myanmar, the challenges to their protection and well-being are likely to
persist.
Discuss Potential Solutions and Opportunities for Bangladesh to better
Protect Rohingya Refugees from Violence and Coercion:

Bangladesh has several potential solutions and opportunities to better protect Rohingya
refugees from violence and coercion. Bangladesh could work towards becoming a party to the
1951 Refugee Convention and its 1967 Protocol, which would strengthen its legal obligations
towards refugees and ensure their protection.

Secondly, Bangladesh could develop a comprehensive national policy for the protection of
refugees, which could include provisions for the prevention and response to violence and
coercion against refugees, as well as the provision of essential services such as healthcare and
education.

Thirdly, Bangladesh could work with the international community to increase funding for
humanitarian assistance to Rohingya refugees, including providing adequate shelter, food, and
medical care.

Fourthly, Bangladesh could work to improve the conditions in refugee camps, including by
enhancing security measures, providing access to education and livelihood opportunities, and
addressing the issue of overcrowding. Bangladesh could promote reconciliation and dialogue
between the Rohingya refugees and the local communities to address tensions and promote
peaceful coexistence.

Conclusion:

Bangladesh must protect the rights of refugees under international law, which includes the right
to be protected from violence and coercion. The Bangladesh Constitution recognises the
importance of protecting human rights, including the right to life, liberty, and security of
persons, and the prohibition of discrimination based on race, religion, and nationality.
Rohingya refugees face numerous challenges, including limited access to education,
healthcare, employment, and restrictions on their freedom of movement. They are also subject
to violence and coercion from various sources, including local communities, human traffickers,
and security forces. Protecting Rohingya refugees in Bangladesh requires a comprehensive
approach that includes legal and constitutional protections and addresses their social,
37
economic, and psychological needs. The Bangladesh Constitution protects human rights,

37Nour Mohammad, “Refugee Protection Under the Constitution of Bangladesh: A Brief Overview
Bangladesh Refugee” Watch,no. 39. (2012)
including the right to life, liberty, and security of persons. It prohibits discrimination based on
race, religion, or gender.38 Bangladesh is also a signatory to several international treaties and
conventions that protect the rights of refugees, including the 1951 Refugee Convention, the
Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of
Discrimination Against Women.

It is crucial to ensure that the rights of Rohingya refugees are protected and that they are not
subjected to violence, coercion, or other forms of abuse. This includes protecting them from
human trafficking, sexual exploitation, and forced labour. The international community must
work together to support Bangladesh in providing humanitarian assistance to the refugees and
hold accountable those responsible for crimes committed against the Rohingya. The
Bangladeshi government and the international community must work together to ensure that
these vulnerable populations are protected from violence and coercion and can live a life of
dignity and respect.

38 Ibid