FOREWORD
In the 1971 Bangladeshi War of Independence
from Pakistan, an estimated 10 million people
crossed the border from East Pakistan to India,
due to fear of persecution from the Pakistani
army. Despite a national history rooted in a
massive relief operation wherein the United
Nations High Commissioner for Refugees
(UNHCR) played a pivotal role, and the nation’s
wider commitment to refugee protection and
humanitarianism, Bangladesh is yet to ratify the
1951 Refugee Convention or its 1967 Protocol.
Nevertheless, Bangladesh law is sufficiently
progressive to afford expansive protection to
non-nationals fleeing persecution from other
countries, even in the absence of explicit
recognition of their refugee status and a formal
refugee protection regime. I feel proud to be
the first Bangladeshi to have joined UNHCR
and to have served the organization in various
capacities for close to quarter of a century.
Although there are divergent opinions and
interpretations about how the law ought to be
applied, these variances are an inevitable aspect
of any area of law, where different judges may
have competing conceptions of the same law.
As such, Beyond Refuge comprises a factual
and legislative compendium of national laws
and policies that highlights how progressive the
letter of the law in Bangladesh already is with
regards to the protection of non-nationals fleeing
persecution from other countries on its territory.
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The opportunity to honour its longstanding
tradition as a nation that has always responded
generously to the refugee protection crisis
has never been greater than it is now, with the
forceful displacement of millions of Rohingyas
since October 2017. It is important to note that
Bangladesh has already set an example for the
region and the world, by opening its borders to
over a million Rohingyas despite being faced
with the many challenges that come with being a
densely-populated and low-lying, riverine country
that is vulnerable to various national calamities
such as cyclones, landslides, and seasonal
flooding, which have only been worsened
by climate change. Therefore, if Bangladesh
continues to honour its legacy by extending
protection to refugees, it will undoubtedly
cement its place as a leader in the advancement
of international humanitarian response.
Dr. Shamsul Bari
Vice Chairman, BLAST;
Former Director, UNHCR
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH