I M M I G R ATIO N L AW, L EG AL STAT US, AND D O C U MENTATI O N
Foreigners Act] requiring him to reside at a place set apart for the residence under supervision of a number
of foreigners, shall while residing therein be subject to such conditions as to maintenance, discipline and the
punishment of offences and breaches of discipline as the Government may from time to time by order determine.”
P ROTECTIO N N OT ES
Bangladesh has not declared Rohingya to be “parolees” by an order made under Section 3.2.e of the Foreigners
Act, 1946. This indicates an approach in line with international human rights standards and the principle of nonpenalization.
Rohingya should not be detained or confined for any violation of the Foreigners Act, given the discretionary
authority exercised under Section 10 of the Foreigners Act.
Births and Death Registration Act, 2004;
and Rules, 2018
S UMMARY
Provides for compulsory birth and death registration for all persons born in Bangladesh or born overseas to
Bangladeshi parents.
AP PL ICAB IL IT Y TO RO H I NGYA
This Act applies to all persons in Bangladesh and defines “person” as “any Bangladeshi or any foreigner living in
Bangladesh and also any refugee taking shelter in Bangladesh.” Therefore any Rohingya in Bangladesh—whether
a “foreigner living in Bangladesh” or “refugee taking shelter in Bangladesh”—is covered by this Act and their
birth or death must be registered.
P ROTECTIO N N OT ES
Rohingya should be registered and receive birth and death registration certificates in accordance with national
law and international standards, as proof of their legal personhood and identity, including name, family
relations, and nationality (or statelessness). The GoB acknowledged the applicability of this Act to Rohingya
in responding to a query by the UN Committee on Migrant Workers in early 2017, stating that “there is no bar
on the registration of births of children of undocumented nationals of Myanmar in Bangladesh. In accordance
with this 2004 Act, children born to registered refugee parents (both parents) are registered officially at the
government database.”18
18
BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH