An Agenda for a Dignified and Sustainable Rohingya Refugee Response in Bangladesh Since the 1990s, Bangladesh has adopted a much stricter stance towards Rohingya refugees resulting in a series of pushbacks in contravention of the principle of non-refoulement. For instance, in 2012 following inter-communal violence in Rakhine state and displacement of thousands of Rohingya, Bangladeshi borders were sealed, and a push-back policy was implemented putting the lives of more than 1,000 Rohingya at severe risk. In addition, three international aid agencies were ordered to cease life-saving food and medical assistance to Rohingya in Cox’s Bazar and neighbouring areas on the ground that the presence of aid agencies is a pull-factor for Rohingya to come to Bangladesh.52 As per the Government of Bangladesh, the policy shift was due to the socio-economic burden and potential national security risks caused by the presence of thousands of refugees in an underdeveloped and disaster-prone area such as Cox’s Bazar.53 In 2013, Bangladesh adopted the National Strategy on Myanmar Refugees and Undocumented Myanmar Nationals54 which identifies Rohingya as ‘Myanmar nationals’ and acknowledges the presence of 300,000-500,000 Rohingya in Bangladesh.55 It is worth noting that the Strategy limited use of the term ‘refugee’ only to those recognised prior to 1991-92 and sustained the use of ‘undocumented Myanmar nationals’ for the rest. The support of “development-oriented” international organisations “i.e., UNDP, WFP, UNFPA, UNICEF and IOM” was engaged, rather than UNHCR- the mandated international refugee agency. The strategy, formulated from a national security lens, while reiterating Bangladesh’s commitment to provide essential humanitarian services to unregistered Rohingya following listing/identification, is premised on the Government’s position that the irregular migration of Rohingya must be stopped at the border.56 As per the strategy, a National Task Force (NTF) under the leadership of the Ministry of Foreign Affairs/ Foreign Secretary was established, and asked IOM to lead and coordinate assistance for Rohingya/ Undocumented Myanmar Nationals57 along with other UN agencies (UNDP, UNICEF, WFP), Bangladeshi Red Crescent and local NGOs.58 Areas of support included health, water, sanitation and hygiene and related information materials for Rohingya and host communities in Cox’s Bazar district.59 As Rohingya were not recognised as refugees in the strategy, refugee protection was not identified as a priority area of intervention and UNHCR was not included as one of the agencies providing support. Despite its limitations, the National Strategy enabled the gradual expansion of Rohingya’s access to basic services. In October 2016, some 80,000 Rohingya fled into Bangladesh escaping a military crackdown following ARSA attacks, putting considerable strain on the newly formed humanitarian residence’. For more details, see, UNHCR, Guidelines on International Protection No.11, Prima Facie Recognition of Refugee Status, 24 June 2015, available at https://www.unhcr.org/558a62299.html 52 Human Rights Watch, Bangladesh: Assist, Protect Rohingya Refugees, 22 August 2021, available at https://www.hrw.org/news/2012/08/22/bangladesh-assist-protect-rohingya-refugees 53 Sultana Yesmin, supra n. 19, p. 84 54 Hereinafter ‘The National Strategy’. Ministry of Foreign Affairs, Government of the People’s Republic of Bangladesh (2014) “National Strategy Paper on Myanmar Refugees and Undocumented Myanmar Nationals in Bangladesh, available at https://assets.documentcloud.org/documents/1363897/un-hr-bangladesh.pdf 55 C.R. Abrar, Government Strategy Paper on Rohingya, The Daily Star, 21 June 2014, available at https://www.thedailystar.net/government-strategy-paper-on-rohingyas-29526 56 Ibid. 57 Lewis Sida, Prof. Ferdous Jahan, Mamun-ur Rashid, Tina Nelis, Rajith Lakshman, Independent evaluation of UNHCR’s emergency response to the Rohingya refugees influx in Bangladesh, August 2017–September 2018, Evaluation Report, December 2018, p.8, available at https://www.unhcr.org/5c811b464.pdf 58 Abrar, supra n. 55. 59 IOM to Provide Humanitarian Assistance to Undocumented Myanmar Nationals in Bangladesh, 1 August 2015, available at https://www.iom.int/news/iom-provide-humanitarian-assistance-undocumented-myanmar-nationals-bangladesh Act for Peace / May 2021 19