AC CES S TO E D U CATI ON, EMPLOYMENT, AND HE ALTHCA RE
Policy: Foreign Minister Momen’s Statement on
Access to Formal Education for Rohingya Children
following the Myanmar Curriculum, 2020
S UMMARY
In January 2020, Minister for Foreign Affairs, Mr. A.K. Abdul Momen, stated that Rohingya children would be
allowed to receive a formal education in the Burmese language and following Myanmar’s national curriculum.
AP PL ICAB IL IT Y TO RO H I NGYA
This policy will apply to Rohingya children living in Bangladesh ages six-14.
P ROTECTIO N N OT ES
In accordance with this positive development, all Rohingya children living in Bangladesh should be enrolled in
formal educational settings.
While this policy change is a welcome and positive development, in view of the likelihood that Rohingya
refugees will not be able to return to their homes in Myanmar in the near future, it is imperative that Rohingya
children also receive instruction in Bangla and that the educational certification they receive upon completion
of primary education provides access to furthering their studies.
Abid Khan v. Bangladesh (2003) 55 DLR (HCD)
318 (High Court Division, Bangladesh Supreme
Court, Writ Petition No. 3831 of 2001)
S UMMARY
A legal challenge was made on behalf of the Urdu-speaking community (Biharis) in 2003 to the refusal of
election officials to include names of Urdu-speaking community members in the electoral roll.
AP PL ICAB IL IT Y TO RO H I NGYA
This case provides precedent for the applicability of the rule of domestic law with regard to residents of camps
in Bangladesh.
P ROTECTIO N N OT ES
In this case, the High Court Division interpreted the application of the Citizenship Act and the Court’s own
jurisprudence on citizenship for this community, holding that their residence in the Geneva Camp in Dhaka
did not signify allegiance to a foreign State and that in fact no bar existed to their acquisition of Bangladeshi
citizenship. With regards to those born in Bangladesh, the Court interpreted Section 4 of the Citizenship Act
as applicable to the Urdu-speaking community born in the Geneva Camp, which was recognized as not being
excluded from the operation of the laws of the land. The Court’s rationale concerning the applicability of
domestic law to those residing in camps could and should similarly be extended to Rohingya.
75
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH
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