While the committee acknowledged the ICESCR may provide developing countries like
Bangladesh an exception to providing education to non-nationals, it affirmed that each
state should recognize the right of each child to education regardless of their status.319
This “progressive realization” of the right to education does not apply to Bangladesh’s
denial of education to Rohingya refugee children. Bangladesh is obliged to ensure
immediate access to education for these children, including its provision through
internationally-funded humanitarian agencies and non-governmental organizations. In
April 2018, the committee stated it was “deeply concerned” that Bangladesh restricts
Rohingya refugees’ movement outside of the camps to access education and other
basic services.32°
Bangladesh endorsed the Global Compact on Refugees at the United Nations General
Assembly on December 18, 2018, welcoming it as “a paradigm shift in establishing
migration as a development phenomenon” and stating that “Bangladesh stands ready to
work with all interested parties” for its implementation.32* However, Bangladesh’s
prohibition on the integration of Rohingya refugee children in formal education, more than
two years after they arrived and without any prospect of safe or voluntary return, flouts the
Global Compact’s provisions:
States and relevant stakeholders will contribute resources and expertise to
expand and enhance the quality and inclusiveness of national education
systems to facilitate access by refugee and host community children (both
boys and girls), adolescents and youth to primary, secondary and tertiary
education. More direct financial support and special efforts will be
mobilized to minimize the time refugee boys and girls spend out of
education, ideally a maximum of three months after arrival.322
319 CESCR, “Statement of the CESCR,” para. 8.
329 CESCR, “Concluding Observations on the initial report of Bangladesh,” April 18, 2018, paragraph 27, E/C.12/BGD/CO/1,
https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=E/C.12/BGD/CO/1&Lang=En
(accessed June 12, 2019).
321 UN, “General Assembly Endorses First-Ever Global Compact on Migration, Urging Cooperation among Member States in
Protecting Migrants,” December 19, 2018, https://www.un.org/press/en/2018/ga12113.doc.htm (accessed May 10, 2019).
322 Report of the United Nations High Commissioner for Refugees, Part Il: Global Compact on Refugees, A/73/12 (Part Il),
“Education,” section 2.1, paragraph 68, September 13, 2018.
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HUMAN RIGHTS WATCH | DECEMBER 2019
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