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The involuntary nature of repatriation and the Rohingya’s status as stateless all but
ensured its failure.
Alternative reasons for the repatriation’s failure can be found in both the logistical
difficulties for Bangladesh – accommodating 200,000 refugees – and the bilateral issues
between Bangladesh and Myanmar. Following the partition of India, both East Pakistan
and Bangladesh faced difficulties in accommodating large populations of refugees. For
Bangladesh, limited resources and high population density were contributing factors to
stunted socio-economic development, only complicated by refugees. Thus, while the
Bangladeshi government arguably sympathised with the Rohingya, it was largely in the
state’s interest to keep the presence of refugees limited and temporary (Grundy-Warr
and Wong, 1997).
Tensions between Bangladesh and Myanmar also necessitated a speedy and comprehensive repatriation. With Burmese security forces in pursuit of fleeing Rohingya,
skirmishes were reported between Burmese soldiers and Bangladeshi border posts
(Kamaluddin et al., 1992). With 50,000 Burmese soldiers mobilised on the border, the
Bangladeshi government concluded that the situation ‘clearly constituted a threat to
peace and security’ (Kamaluddin et al., 1992, p. 26). Further, recognising that it could
not afford to continue to assist the vast number of refugees, Bangladesh agreed to
repatriation. Although these points suggest that host states’ inability to accommodate
can contribute to failed repatriation efforts, the Rohingya’s condition of statelessness
still assists in explaining why the cycle persists.
By April 1992, with an estimated 250,000 Rohingya in Bangladesh, Myanmar and
Bangladesh reached a bilateral agreement, signing a memorandum of understanding
(MOU) which established the guidelines for repatriation. The terms included a requirement that returnees have identification documents proving their residence in Myanmar,
this despite the fact that many Rohingya had any documentation confiscated prior to
entering Bangladesh (Abrar, 1995, p. 11). Further, although playing a role in the latter
stages of the repatriation, the UNHCR was never given any specific part on the ground
early in the process. In October 1992 an agreement was reached with Bangladesh to
allow UN verification of the repatriation process (Abrar, 1995, p. 12). UN monitoring
began in early October 1992, but the UNHCR withdrew its support by December 1992,
citing the coercive nature of the repatriation. Roughly 5000 Rohingya had been involuntarily repatriated at this point and it would not be until May 1993 that the UNCHR
would sign another agreement with Bangladesh, this time allowing the agency free
access to transit camps, the ability to interview Rohingya refugees, and the commitment
from the Bangladeshi government that it would refrain from coercive tactics aimed to
oust refugees (Abrar, 1995; Human Rights Watch, 2000). While their status as stateless
alone did not motivate a lack of UN involvement, it illustrates how statelessness can
convolute refugee protections.
Six months would pass before the UNHCR would reach a similar agreement with
Myanmar by which point approximately 50,000 Rohingya had been involuntarily
repatriated (Human Rights Watch, 1996). Threats, beatings, and denial of ration
cards were all tactics employed to coerce the Rohingya to comply with repatriation
(Human Rights Watch, 1996, p. 18). A 1995 Médecins Sans Frontières survey found
that 63% of the Rohingya did not want to return to Myanmar and 65% were unaware of
the right to refuse repatriation (Médecins Sans Frontières, 2002). Even with UN