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International law defines refugee as an individual, who fears persecution, or has a well-founded fear or persecution, based on his or her race, religion, nationality, political opinion, or membership in a particular social group. While the signing countries must adopt the definition of a refugee as stated in 1951 Convention and 1967 Protocol, individual countries may decide to further clarify the definition.
In 1951 Convention, which was drafted after World War II, is the foundation of international refugee law that defined refugee, set principles preventing forced return of refugees to places where their lives or freedom would be threatened, and established the refugees and signing countries rights and responsibilities. The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol are the basis of the international protection system, addressing the rights of refugees.
Respect for the rule of law and human rights forms the essence of the protection of refugees, returnees and stateless persons. The Office of the United Nations High Commissioner for Refugees has a mandate to provide international protection to refugees, including promoting the accession to international refugee instruments and other relevant human rights instruments. United Nations High Commissioner for Refugees activities are also focused on assisting in the strengthening of legal structures that would enhance the rule of law, including in the area of transitional justice. Statelessness is a source of human insecurity, forced displacement and serious conflict, which may pose a threat to national and regional stability.
Legislation on nationality and administrative practices that are in accordance with internationally recognized human rights standards are essential elements of the rule of law and key in addressing root causes of conflict. United Nations High Commissioner for Refugees provides technical advice and support to governments for the accession to the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
Bangladesh has given shelter to at least 100,000 Rohingyas, including 700,000 Rohingyas who fled for their lives in 2017 in the face of torture by the Myanmar army, only for humanitarian reasons. Besides, the government has been demanding the international community including the United Nations to take effective steps to repatriate the Rohingyas. Those staying in refugee camps also want to return to their homes as soon as possible.
But unfortunately, not a single Rohingya has been sent back to Myanmar in almost 6 long years. No goodwill from the international community can be observed in this regard. On the other hand, as the date of repatriation is approaching, the matter is becoming uncertain. Multifaceted conspiracies are going on to thwart the repatriation process. The Rohingyas held a human chain and gathered in at least 13 camps of Ukhia and Teknaf on Thursday to thwart the conspiracy on repatriation and to ensure speedy repatriation. At that time, Rohingya leaders condemned the mysterious actions of the United Nations like reducing the ration and stopping the ration of those who want to return to their homeland. At the same time, they sought the cooperation of the United Nations on the issue of repatriation.
Notably, the sheltered Rohingyas have been demanding a speedy return to Myanmar by guaranteeing citizenship, security and freedom of movement from the beginning. But just as Myanmar’s administration is not serious about repatriation, international organizations including the United Nations are now diverting their attention from the Rohingyas by citing various reasons for the crisis.
On the contrary, by reducing the amount of assistance, they want to mix them with the people of Bangladesh, which is not acceptable at all. The consequences for the security and sovereignty of an independent country can be dire. It should be remembered that Bangladesh is not a signatory state to any international refugee law or convention. Bangladesh is not even obliged to open its borders to accept Rohingyas as refugees. Bangladesh has no responsibility in this regard.
This large number of Rohingyas have been sheltered only for humanitarian reasons. Despite the pressure of huge population in the country, the bold step taken by the government for humanitarian reasons has also been appreciated around the world. However, in the current global economic context, if the international community fails to convince or exert pressure on Myanmar to take the Rohingya community back to Rakhine, then Bangladesh will have no other option but to take a strict stance on providing shelter to this community. Also concerned officials fear that due to the reduction of food aid to the Rohingyas, unrest and chaos will increase in the shelter camps. According to them, drug and arms smuggling and anti-social activities will increase. Lack of food will create an anarchic situation in the camp.
It is known that when the Rohingya started coming to Bangladesh from Myanmar in 2017, WFP has been providing them with food, nutrition and other urgent assistance. This emergency assistance is being provided with the help of donor groups and partner organizations.
Currently there are about 1 million Rohingyas registered in Bangladesh, but in reality, this number is over 11 million. All are being given food assistance equivalent to USD 12 per month through vouchers. Using these vouchers, Rohingya families can choose food from WFP outlets located in all camps. The United Nations is struggling to deliver food to vulnerable populations due to rising global food prices due to the Covid pandemic and the Russia-Ukraine war, as well as funding shortfalls.
The United Nations cut food aid to the Rohingya by 17 percent last March due to funding shortages. UN Special Rapporteur on the human rights situation in Myanmar, Tom Andrews, warned on April 28, If funds are not received, another 20 percent reduction in food aid will be required within the future. The Rohingyas in the camp will suffer severe malnutrition. Anger and frustration will arise in them. Their reckless behaviour will increase. Discontent and anarchy will increase with fights, murders.
Anti-social activities will multiply in the camps along with drug and arms trade. It will be very difficult to control them. Armed conflict and international humanitarian law are of relevance to refugee law and refugee protection in a number of ways. To determine who is a refugee. Many asylum seekers are persons fleeing armed conflict and often violations of international humanitarian law. Does this make them refugees?
Not every person fleeing an armed conflict automatically falls within the definition of the 1951 Refugee Convention, which lays down a limited list of grounds for persecution. While there may be situations, notably in conflicts with an ethnic dimension, where persons are fleeing because of a fear of persecution based on their race, religion, nationality or membership of a particular social group, this is not always the case.
Recognising that the majority of persons forced to leave their state of nationality today are fleeing the indiscriminate effect of hostilities and the accompanying disorder, including the destruction of homes, foodstocks and means of subsistence all violations of international humanitarian law but with no specific element of persecution, subsequent regional refugee instruments, such as the 1969 OAU Refugee Convention and the 1984 Cartagena Declaration on Refugees have expanded their definitions to include persons fleeing armed conflict.
Moreover, states that are not party to these regional instruments have developed a variety of legislative and administrative measures, such as the notion of temporary protection for example, to extend protection to persons fleeing armed conflict. Another point of interface between international humanitarian law and refugee law is in relation to issues of exclusion. Violations of certain provisions of international humanitarian law are war crimes and their commission may exclude a particular individual from entitlement to protection as a refugee. If respected, international humanitarian law operates so as to prevent displacement of civilians and to ensure their protection during displacement, should they nevertheless have moved.
Throughout the world, refugees and other forced migrants lack the basic rights to work, move, and thrive. A range of legal, administrative, and practical barriers prevent their equitable economic inclusion. Removing these barriers would give displaced people greater agency and power, enabling them to more fully rebuild their lives and contribute to their host communities.
Refugees right to work has been repeatedly recognized in international agreements from the 1951 Convention Relating to the Status of Refugees to the 2018 Global Compact on Refugees and research continues to demonstrate the benefits of this right for refugees and their host countries alike. Yet most refugees today face significant legal and practical barriers to full economic inclusion in the labor markets of their host countries.
Bangladesh provided a safe haven to the Rohingya refugees nearly six years ago, but the government now seems to want to make life so unbearable in the camps that the refugees feel compelled to leave even though they have nowhere safe to go, Concerned governments should ramp up support for the refugees in Bangladesh while issuing targeted sanctions against Myanmar for failing to create the necessary conditions for the refugees to finally go home.
The writer is a researcher based in the UK
