An Agenda for a Dignified and Sustainable Rohingya Refugee Response in Bangladesh
family disputes and sexual violence.116 This system usually led by male majhis is designed to manage
conflict rather than provide justice117 and reinforces harmful gender-based power dynamics.118
Community perspectives on camp-based justice systems reflect the prevalence of corruption and
bribery, delays in the justice process, difficulties in accessing information and the unpredictability of
support received from relevant actors.119 Some studies show that refugees resort to seeking the
support of armed groups in the camps, such as ARSA, to solve disputes.120 While ARSA’s role in the
camps is much weaker than in Myanmar, there is some evidence to demonstrate their influence over
majhis, their members and supporters serving as volunteers in the camps as well as religious
leaders.121
Access to formal justice is only available to Rohingya for serious crimes such as murder, rape,
kidnapping etc, subject to camp-in-charge (CiC) approval and discretion. Under Bangladeshi law, CiCs
have limited judicial authority to influence justice processes in the camps. They regularly mediate
disputes and dispense wide-ranging punishments ranging from detentions, imprisonment and
imposition of fines to public beatings/floggings and public shaming.122 CiC approvals are needed for
police investigations and refugees’ access to legal services outside the camps. UNHCR and its legal
partners have reported difficulties in registering complaints with the police despite advocacy with law
enforcement authorities and the judiciary.123Access to formal justice is further impeded by the lack of
civil documentation such as birth, death and marriage registration for Rohingya.124
While legal empowerment programmes and legal awareness sessions are ongoing across all the
camps, access to formal justice systems and timely and appropriate interventions by camp authorities
and law enforcement agencies remains a challenge.125 While some NGOs help fill gaps in access to
justice, the absence of a cohesive camp-wide justice mechanism leads to ad-hoc dispensation of
justice at the hands of non-legal actors such as CiCs and majhis who are not adequately prepared and
trained to serve this critical function.126 This was particularly evident during the COVID-19 pandemic
when reduced protection presence coincided with increasing crime and insecurity in the camps. This
‘patchwork’ system that does not adhere to rule of law, principles of equity, fairness, justice and
accountability, fosters a culture of impunity in the camps.127
International justice and accountability for crimes against Rohingya in Myanmar are being pursued
with the proceedings in the International Court of Justice (ICJ) and International Criminal Court (ICC).
While these measures have sparked a ray of hope amongst the Rohingya refugees, there are
116
Kaamil Ahmed, For Rohingya refugees, patchwork justice leaves crimes unpunished, 17 September 2020, The New
Humanitarian, available at https://www.thenewhumanitarian.org/news/2020/09/17/Bangladesh-Rohingya-justice-systemcrimes
117 Ibid.
118 International Rescue Committee (IRC), Access Justice for Rohingya and Host Community in Cox's Bazar, February 2019,
available at https://www.rescue.org/sites/default/files/document/3929/accessingjusticeassessmentexternalfinalsmall.pdf
119 Pereira et.al, supra n. 113.
120 Ibid.
121 International Crisis Group (ICG), The Long Haul Ahead for Myanmar’s Rohingya Refugee Crisis, 16 May 2018, available at
https://www.crisisgroup.org/asia/south-east-asia/myanmar/296-long-haul-ahead-myanmars-rohingya-refugee-crisis
122 IRC, supra n. 118.
123 UNHCR, supra n. 16.
124 Pereira et.al, supra n. 113.
125 UNHCR, supra n. 16. See also, Bangladesh Legal Aid and Services Trust (BLAST) and Refugee Solidarity Network (RSN),
Beyond Refuge: Advancing Legal Protections for Rohingya Communities in Bangladesh (forthcoming)
126 Pereira et.al, supra n. 113.
127 Kaamil Ahmed, supra n. 116.
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Act for Peace / May 2021