“Refugees and Neighbors: Rohingya migration crisis and the Bangladesh experience”

Suma Haque

Most of the constitution of the neighboring countries of Bangladesh have incorporated human rights as fundamental rights. There is a well developed and upward body of jurisprudence on constitutional rights in such countries. Many neighboring countries have rectified or acceded to human rights treaties but the existing state of upbringing by these countries with such international human rights standards is not adequate. International Law of Refugees is a twig of International Human Rights Law. International refugee law mainly comprises of international apparatus that define basic standards for treatment of refugee. Now one of the most labored challenges confronting the world that is the problem of refugees, migrants, stateless persons and internally displaced persons.

The Rohingyas, a stateless tribal group loathe by many of Myanmar’s Buddhist majority, were strained to leave their homes since a Crimson crushing by the army in their home state of Rakhine. They are both stateless and refugees. The 1951 Refugee Convention defends refugees. It defines a refugee as an individual who is outside his or her country of nationality, has a well- founded anxiety of being persecuted because of religion, nationality, membership of a particular ethnic group and is not willing to avail him of the shelter of that country for fear of persecution. People who carry through this definition are eligible to the rights and bound by the duties contained in the 1951 Convention. The refusal of citizenship rights, denial of freedom of movement, expulsion campaigns, violence and physical agony imparted to the making of the Rohingya stateless and refugees.

Protecting refugees is the special obligation of States. Countries that have signed the 1951 Convention is obliged to protect refugees on their territory and treat them according to internationally recognized standards. Bangladesh cannot refuse to admit the Rohingya refugees seeking protection, though Bangladesh has not signed the 1951 convention. Because the principle of nonrefoulement forbid the return of a refugee to a territory where his life is vulnerable. This principle is binding to all States whether they have acceded to the 1951 Convention or 1967 Protocol.

To figure out the issue of Rohingya refugees these are not plain tasks. The case of Rohingya refugees in Bangladesh is one of the most tangled refugee situations in the world has been containing for more than three decades. It seems that Myanmar has acknowledged the persecution of its stateless Muslim minority and is considering giving citizenship to thousands of members of the group as a first step to finding a solution to the conflict with local  Rohingya Buddhists. A perdurable status for refugee is one of the ends the rhythm of displacement by resolving their pledge so that they can lead standard lives. The Traditionally, three stable solutions has been practiced to ending refugee crisis. The focuses on three aspects for the existing Rohingya-

  1. voluntary repatriation
  2. local integration
  3. resettlement.

The refugees are currently living in Bangladeshi camps but they may be moved to Thengar Char Island, which remains underwater for much of the year. It will be “terrible and crazy”. The government of Bangladesh may take an initiative to adopt a specific charter on human rights at the inter-governmental level to create a regional mechanism. This regional mechanism can address widespread human rights issues and concerns and provide remedies for cross border human rights violation. Establishment of such a mechanism can lead to greater harmonization and unification of human rights laws of the region, which can ultimately contribute much towards the goal of South Asian cooperation.

Suma Haque is a final year Law student of South East University, Dhaka, Bangladesh. She can be reached at Sumahaquesu@gmail.com

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