This document is intended primarily for frontline
legal practitioners, including lawyers, paralegals,
judges, and others directly involved in the
Rohingya response in Bangladesh, as well as
for individuals working for other bodies such
as non-governmental organizations (NGOs) or
international organizations, who are confronted
with legal questions regarding the rights of
Rohingya communities in Bangladesh.6 It is
also intended for national decision-making
authorities and the different stakeholders that
play a role in securing or hindering access
to justice, rights, and services for Rohingya
communities in Bangladesh. This includes but
is not limited to Camp in Charges (CICs), majhis
and other community leaders, law enforcement
(including police officers, detention officers,
and special police officers), border guards,
members of the armed forces, policymakers, and
other elected officials, especially those holding
the office of Refugee Relief and Repatriation
Commissioner (RRRC).
Summary
Although Bangladesh has not ratified the UN
Refugee Conventions, it is a signatory to several
other international law treaties and instruments
that provide a framework for refugee protection.
The Constitution of Bangladesh provides
additional safeguards for the legal protection of
non-citizens in Bangladesh.
allowing them legal stay in Bangladesh and
exempting them from provisions regarding illegal
entry. This understanding is based on various
actions and statements that illustrate the
exercise of this discretion.7
Subsequent chapters cover family law, criminal
law, fair trial rights and victim’s rights, and
cyber law. The final chapter looks at education,
employment, and health care through an access
and inclusion lens. Each chapter opens with a
summary of the main legal issue examined in
the chapter, followed by an analysis of relevant
legal texts. This analysis includes: (1) a summary
of the legal text, policy document, or case
law; (2) an explanation of whether and how it
applies to Rohingya communities in Bangladesh;
followed by (3) practitioner notes based on a
progressive reading of the law and enriched by
a range of expert insights from academics, legal
practitioners, and frontline actors.
There is no regional or recognized international
framework protecting refugees in Bangladesh.
Therefore, this compendium focuses on national
laws and policies and identifies a number of
state obligations in relation to Rohingya refugees.
Where relevant, judicial interpretation of such
obligations is provided, shedding further light
and perspective on national laws and applicable
international norms. Each section concludes
with an index of applicable customary principles
of international law and other obligations derived
from international human rights treaties beyond
the Refugee Conventions. These are enumerated
for reference only and are neither included as a
point of focus, nor elaborated upon within the
protection analysis itself.8
This document begins by looking at the
Constitution of Bangladesh and the Legal Aid
and Services Act as the most cross-cutting
protections that apply to foreign nationals. The
ensuing chapters then address the legal domains
most relevant to the situation of Rohingya
communities in Bangladesh.
Methodology
The second chapter covers immigration law,
including the legal status and documentation
that govern the legal stay of Rohingya in
Bangladesh. The analysis in this document
and across subsequent chapters is based on
the premise that the Foreigners Act has been
applied to certain Rohingya communities,
This document was researched and formulated
using a mixed-methods approach involving
desk research in English and Bengali, and
consultation with experts and community
members. RSN, with the principal researchers
Dr. Ridwan Hoque and Quazi Foysal, led the
identification, organization, and analysis
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BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH