State of Statelessness in Bangladesh
recognise the status of stateless Rohingya people and ensure their
protection, regardless of their legal status. Besides international
customary laws, there are some core international human rights
obligations which are relevant to the situation and treatment of the
Rohingya, giving rise to obligations which apply to Bangladesh.
Relevant International Legislation for the Protection of
Stateless Rohingya
The human rights instrument supported by Bangladesh* with provisions
to protect the rights of refugee and stateless persons are:
• International Covenant on Civil and Political Rights (ICCPR)
• International Covenant on Economic, Social and Cultural Rights
(ICESCR)
• Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
• Convention on the Rights of the Child (CRC)
• International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
• Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (CAT)
• International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families (ICMW)
• Convention on the Rights of Persons with Disabilities (CRPD)
* Bangladesh has placed several reservations and declarations against these
instruments. Bangladesh has not ratified the Optional Protocols to the ICCPR, the
ICESCR or the CAT. It has, however, ratified the Optional Protocols to the CEDAW,
the CRPD and two of the Optional Protocols to the CRC
Along with international customary laws and UN treaties,
Bangladesh’s constitution, laws and policies also have provisions
that may be applicable to supporting the stateless Rohingya
population. Article 25 of the Constitution of Bangladesh affirms
respect for the principles of international law: ‘The State shall base
its international relations on the principles of respect for national
sovereignty and equality, non-interference in the internal affairs of
other countries, peaceful settlement of international disputes, and
respect for international law and the principles enunciated in the
United Nations Charter.’20
20 Government of the People’s Republic of Bangladesh, The Constitution of the
People’s Republic of Bangladesh, 1972, Article 25.
25
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