South Asia State of Minorities Report 2019
beginning of a lengthy state-led process of denationalisation that
culminated in mass statelessness.
In 1982, a new citizenship law enacted by the military
government classified citizens as ‘full’, ‘associate’ and ‘naturalised’:
the first group included some 135 national races, with the Rohingya
systematically excluded. In 2014, the government introduced the
Citizen Verification (National Verification Card—NVC) in Rakhine
State, based on the 1982 Citizenship Law, requiring Rohingya to
self-identify as Bengali to apply. Most of the Rohingya people
rejected the NVC, knowing that the intention of the government
was to quarantine and deport anyone who refused to participate or
failed to provide the required documentation. In 2015, the right of
Rohingya to vote was taken away by withdrawing their Temporary
Resident Card (TRC).
The Legal Status of the Rohingya in Bangladesh
International Law
While it is widely accepted that the Rohingya are stateless, the
current focus of the national and international response to the
crisis has been emergency relief and rehabilitation rather than
resolving their citizenship rights. Yet this is likely to have a major
bearing on their future wellbeing, particularly for children born
in the camps who may find themselves deprived of rights in both
Myanmar and Bangladesh.
While Bangladesh has not ratified the 1951 Convention
Relating to the Status of Refugees, it is party to a host of major
UN treaties, convention and customary international laws. In
light of these commitments, Bangladesh has an obligation to
provide security and assistance to the Rohingya displaced within
its borders. Customary international law implies an obligation to
all states to protect all persons in their territory and subject to
their jurisdiction, regardless of whether they are citizens, stateless
persons, asylum-seekers or refugees.19 Thus, Bangladesh has to
org/ertdocumentbank/Equal%20Only%20in%20Name%20-%20Malaysia%20-%20
Full%20Report.pdf.
19 ‘Customary International Law,’ Legal Information Institute, Cornell
Law School, accessed January 24, 2020, law.cornell.edu/wex/customary_
international_law.
24
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