PREFACE
In a world fraught with forced migrations and
mass dislocations of population, citizenship has
become a contested terrain. Hence the issue of
legal protection for such population has become
a frontline matter. It is in this context that
compendiums such as this one become a vital
contribution and guide to humanitarian actors,
individual and institutional at both the state and
societal level.
This compendium, Beyond Refuge: Advancing
Legal Protections for Rohingya Communities in
Bangladesh, specifically focuses on Rohingya
refugees in Bangladesh but as stated in
the introduction, ‘the same arguments and
suggested applications of law and policy can in
some instances, be used to further the rights
of other groups facing precarity and a denial of
rights in Bangladesh’.
Historically, Bangladesh has been both receiving
and sending people across its borders since
its very birth. During the very emergence of
Bangladesh, an estimated 10 million people fled
across the borders to take refuge in neighbouring
countries in response to atrocities committed
by the Pakistan Army and their collaborators.
An estimated 20 million, constituting 40% of the
population remained internally displaced. Such
horrors of the war and the miseries experienced
has remained embedded in its national memory
and transmitted from one generation to another.
Over the years it has endeared the Bangladesh
people to receiving persecuted people fleeing
from other countries in a similar manner such as
the Rohingyas from Myanmar.
But like other countries of South Asia, the
Bangladesh state has not acceded to any of
the Refugee Conventions nor enacted national
legislations on asylum or refugee rights matters,
the current status of Rohingya refugees is
held in legal limbo, vulnerable to the swings
of ad hoc policy decisions and the ambiguity
of a non-cohesive legal framework that allows
vested interests to dominate over principles
of protection. This compendium, which offers
a guideline for legal practitioners and rights
defenders working in a humanitarian crisis
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situation, is an attempt to meet this gap. The
compendium also lays the ground for further
legal advocacy that may be made to the
Bangladesh state to push for a cohesive legal
framework of refugee protection based on
international humanitarian principles.
But more importantly, phenomena such as
climate change, environmental degradation,
pandemics have changed our planet in a radical
way. What we perceived as local humanitarian
crises have assumed a systemic character.
Endangerment of surroundings, habitat,
cultivable land, livelihood and lifestyles are not
limited to a particular group but a reality faced
by everyone. COVID 19 has demonstrated that
emergency responses to affected communities
are harder to harness in a situation of nationwide lockdown compared to a localized area
affected by natural disasters such as floods
or cyclones. This has also had implications
for the traditional parameters of Disaster
Risk Reduction (DRR) strategies which the
Bangladesh state has been renowned for.
Beyond Refuge takes us from the plane of an
emergency response to the more systemic
response of legal protection in dealing with
non-citizens. Given the ‘new normal’ realities
of our times, it can very well be extended to the
citizenry itself. Hence lessons can be derived
from a refugee response and be translated
to a national policy linking protection with
citizenship. In a neo-liberal world where the
rise of authoritarian regimes have striven to do
just the opposite i.e. delink protection from the
notion of citizenship, this would indeed create
an exemplar for the future we need to uphold,
nationally and globally. I thank those whose hard
work has gone into producing this compendium,
thereby helping us to take the first steps towards
such new horizons.
Meghna Guhathakurta
Research Initiatives, Bangladesh
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH