State of Statelessness in Bangladesh 2(a) of the Foreigner Act defines a foreigner as a person who is not a citizen of Bangladesh, thus covering all refugees within its territory as well. Section 3 of the Foreigner Act 1946 empowers the Government to enact rules regarding the prohibition or control of the entry, stay and departure of foreigners in Bangladesh. Under the Act, the government may also require a foreigner to reside in a particular place, impose restrictions on their movement and prohibit them from engaging in specific activities. The Foreigners Act also authorises a police officer to take such steps and use such force as may in his opinion, be reasonably necessary for securing compliance with the provisions of the Act. The only Rohingya in Bangladesh who have secured official recognition are those living in the official camps. Registered refugees living in the camps typically prove their legal residency through UNHCR photo-identity cards, though these cards do not guarantee immunity from detention or enable the cardholders to move freely. In addition to those living in the camps, there are large numbers of unregistered Rohingya living in villages and towns across Bangladesh who do not have any legal status. The government typically categorises such persons as ‘illegal foreigners’, ‘illegal Burmese’, ‘undocumented Myanmar nationals (UMN)’, and ‘economic migrants’.24 While the government has overlooked the presence of many unregistered Rohingya for their ‘illegal entry’ into Bangladesh, some people have been arrested and sentenced under the Foreigners Act.25 Moreover, some have not been released after having served the full five-year term, as they are required to be transferred to the authorities of their country of nationality. As Myanmar refuses to acknowledge any Rohingya as its citizens, Rohingya may remain in detention long after the expiry of their sentence. This practice amounts to arbitrary detention. Further, individuals prosecuted under Article 3 of the Foreigners Act are often immediately rearrested after their release or for the same offence.26 For Rohingya children born in Bangladesh, the risk of statelessness remains high. Bangladesh, as a signatory of the 24 Ibid, pp.189-190. 25 Ibid, pp.192-195. 26 Ibid, p.191. 27