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Momotaz Akter Mghla
Introduction: Amina’s Life
Between Borders
Twelve-year-old Amina wakes up
each morning in a bamboo-and-tarp shelter in Kutupalong—the world’s largest
refugee camp located in Cox’s Bazar, Bangladesh. She clutches a cracked slate
board to practice writing the English alphabet, dreaming of one day becoming a
teacher. But like many Rohingya children, Amina’s aspirations are fenced in by
the harsh reality of statelessness.
Born in Bangladesh, yet without
recognition from either Bangladesh or Myanmar, Amina has no citizenship. Her
parents fled their village in Rakhine State during the violent 2017 military
crackdown, crossing jungles and rivers to escape persecution. Her mother
witnessed her brother burned alive, and her father still wakes in terror from
war-induced nightmares.
Today, Amina’s family—like nearly
one million other Rohingya refugees—survive in limbo. They face restrictions on
education, employment, and movement. Her father cannot legally work; her mother
queues daily for food rations and clean water, which often run out. They are
safe from bullets, but not from systemic exclusion.
This article examines the legal,
historical, and human rights dimensions of the Rohingya crisis. It explores how
international law, Bangladeshi policy, and regional geopolitics intersect to
keep an entire population trapped in a state of legal invisibility—stateless
and stranded between nations.
I. The Legal Origins of Rohingya
Statelessness
The Rohingya are a predominantly
Muslim ethnic group with deep historical roots in Myanmar’s Rakhine State.
Despite centuries of presence, they have long faced state-sponsored
discrimination. The core legal instrument behind their statelessness is the 1982
Myanmar Citizenship Law, which excludes the Rohingya from the list of 135
officially recognized ethnic groups.
This exclusion deprives the
Rohingya of basic rights—freedom of movement, education, healthcare, and legal
protection. Statelessness has also rendered them vulnerable to arbitrary
arrests, forced labor, and systemic violence.
The situation escalated in August
2017, when the Myanmar military initiated what the United Nations termed a “textbook
example of ethnic cleansing.” Over 740,000 Rohingya fled to Bangladesh amidst
reports of mass killings, sexual violence, and razed villages. The UN Human
Rights Council and Amnesty International have since documented these
atrocities, with calls for international accountability.
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| Image source: Rohingya Culture Center. |
II. International Law and Human
Rights Obligations
Although Bangladesh is not a
signatory to the 1951 Refugee Convention or its 1967 Protocol, it is still bound
by international human rights norms, particularly the principle of
non-refoulement, which prohibits returning refugees to a country where they
face serious threats to life or freedom. This principle is widely recognized as
customary international law.
The UNHCR (United Nations High
Commissioner for Refugees) continues to emphasize Bangladesh’s responsibility
to protect the Rohingya. Moreover, numerous UN fact-finding missions and independent
legal experts have classified the crimes committed by the Myanmar military as
possible acts of genocide and crimes against humanity.
A landmark step was taken in November
2024, when the International Criminal Court (ICC) prosecutor sought an arrest
warrant for Myanmar’s military leader, Senior Gen. Min Aung Hlaing, for crimes
against humanity. This represents an important, albeit limited, step toward
justice.
III. Barriers to Education and
Livelihoods
More than 400,000 Rohingya
children live in the camps of Cox’s Bazar, yet the vast majority lack access to
formal education. According to UNICEF, around 3,400 learning centres have been
established, but these provide only informal education without official
certification. This limits children’s futures and increases their vulnerability
to child labor, early marriage, and trafficking.
A 2022 report by Save the
Children highlighted how Rohingya girls face greater barriers, including
trauma, cultural restrictions, and the threat of gender-based violence.
Employment is equally restricted.
Bangladesh’s labor laws do not allow refugees to work formally, pushing them
into informal and exploitative labor markets. A UNHCR survey found that over 50%
of Rohingya adults and 30% of children aged 15–17 are engaged in informal work,
often under hazardous conditions.
These systemic denials violate
the Universal Declaration of Human Rights (UDHR), especially Article 23 (right
to work) and Article 26 (right to education).
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| Imge source: SOS Children's Villages |
IV. Bangladesh: Balancing
Compassion and Capacity
Bangladesh deserves global
recognition for hosting nearly one million Rohingya refugees—a humanitarian act
of significant scale. Kutupalong, now the world's largest refugee settlement,
is a symbol of both compassion and complexity.
However, this generosity comes at
a cost. Host communities in Cox’s Bazar face inflation, job competition,
deforestation, and pressure on social services. A World Bank study found that
the refugee presence has negatively impacted local wages and forest resources,
aggravating tensions.
To reduce pressure on Cox’s
Bazar, the government relocated around 30,000 Rohingya to Bhasan Char, a remote
island. Although intended to decongest camps, human rights groups like Human
Rights Watch have raised concerns over the island’s vulnerability to flooding
and the lack of adequate healthcare and infrastructure.
The Bangladeshi government has
also placed restrictions on Rohingya movement and employment. While aimed at
maintaining national security and public order, such policies further isolate
and marginalize the refugee population.
V. Accountability and Global
Responsibility
Despite strong rhetorical
support, the international community’s response has often fallen short. Funding
shortfalls remain a major obstacle. In April 2025, UNHCR and partners appealed
for $934.5 million to support Rohingya refugees, warning of severe disruptions
to essential services without sustained international assistance.
The International Court of
Justice (ICJ) is also hearing a case brought by The Gambia under the Genocide
Convention against Myanmar. This legal action, while slow, signals an
increasing willingness to hold states accountable for mass atrocities.
Still, repatriation remains
elusive. Myanmar has shown no willingness to guarantee citizenship, safety, or
dignity for returning Rohingya. As of now, no significant voluntary return has
occurred, and repatriation attempts in 2018 and 2019 failed due to lack of
trust and security assurances.
VI. Legal Recommendations and the
Way Forward
To address the crisis meaningfully,
a comprehensive legal and policy approach is required, focused on the
following:
Reform Myanmar’s Citizenship Law
Myanmar must repeal or revise its 1982
Citizenship Law, which institutionalizes statelessness. Legal reform should
align with the 1961 Convention on the Reduction of Statelessness. The Rohingya
must be recognized as full citizens, with equal rights and legal protections.
Strengthen International Legal
Action The ICC and ICJ should expedite proceedings and coordinate with regional
courts like the ASEAN Human Rights Commission. Concrete consequences for
perpetrators of mass crimes are vital for justice and deterrence.
·
Expand Access to Education and Employment in
Bangladesh
Bangladesh, with international support,
should enhance formal education pathways and create safe, monitored work
opportunities for adult refugees. Accredited education not only benefits
refugees but also reduces future risks of radicalization and instability.
·
Increase International Funding and Resettlement
Programs Wealthier nations must share the burden through funding, technical
assistance, and third-country resettlement. In particular, the Global Compact
on Refugees (2018) calls for burden-sharing, which should be translated into
tangible action.
·
Empower Rohingya Voices Rohingya participation in
policy discussions—whether on repatriation, education, or camp
governance—should be institutionalized. Only through inclusive dialogue can
sustainable solutions be envisioned.
Conclusion: The Right to Belong
Amina’s cracked slate board and
quiet dreams reflect not just her personal struggle, but a global failure to
uphold basic human dignity. Statelessness is not just a legal anomaly—it is a
lived reality that silences generations.
The Rohingya crisis is not merely
a regional issue; it is a profound challenge to international human rights and
refugee law. The global community must rise above political convenience and act
with legal resolve and moral urgency to restore rights, citizenship, and
dignity to the Rohingya.
Bangladesh cannot—and should not—bear this burden alone. It is time for global solidarity to match the scale of human suffering.