Rohingya Refugee in Bangladesh: The Search for Durable Solutions?
Heavy Nala Estriani
Universitas Airlangga, Indonesia
Keywords: Rohingya, Refugee, Bangladesh, Myanmar, Durable Solutions
Abstract: The aim of this paper is to discuss the most feasible durable solutions to be implemented in the case of
Rohingya refugees in Bangladesh. As part of its core mandate, UNHCR introduced three durable solutions
for refugees’ namely voluntary repatriation, resettlement and local integration. Prior to the violent attack by
Burmese Army that broke out in August 2017, nearly 650.000 Rohingya has fled over the border to
Bangladesh. Since then, the country has overwhelmed by the massive exodus. The recent event shows that
both Bangladesh and Myanmar agree on the deal to repatriate hundreds of thousands of Rohingya that fled
Myanmar within two years. However, neither Rohingya nor the UN was involved in the deals. The recent
talks have been debatable since voluntary repatriation must consider the aspect of voluntary, safety and
dignity, so that Rohingya could fully reintegrate into their community without any discrimination,
persecution and marginalization. If a voluntary repatriation is not a doable option, then either resettlement or
local integration becomes the most desirable solution for Rohingya. To address the issue of this study, this
paper used the concept of durable solutions introduced by UNHCR in deal with protracted refugee situation.
Thus, the current study believes that the three solutions have their own challenges and possibilities.
However, de facto integration might be the best option to deal with protracted situation, when the recent
talks on voluntary repatriation might be hard to achieve until Myanmar changes its regulation and
legislation over the status of the Rohingya.
1 INTRODUCTION
Prior to the violence attack by Burmese Army that
broke out in August 2017, nearly 650.000 Rohingya
have fled over the border to Bangladesh. Thus, the
latest exodus became the largest influx comparing
with earlier arrival in 1978, 1992 and 2012. As of
June 2018, UNHCR recorded there were 886.778
Rohingya occupies two refugee camps in
Kutapalong and Nayapara camps in the Cox Bazaar
District of Southeast Bangladesh (UNHCR, 2018).
The Rohingya refugee in Bangladesh was
portrayed as protracted refugee situation. They fled
the border to escape the alleged persecution by
Myanmar authorities on the basis of religious and
ethnic discrimination. The history has shown there
were hundreds of thousands of Rohingya in
Bangladesh have been pushed back to Myanmar
since 1978. However, many of them have
determined to return to Bangladesh despite they are
living with uncertainty in the country. In many
protracted refugee situations, durable solution such
local integration, resettlement and voluntary
repatriations are needed to be implemented to end
the prolonged displacement.
In early 2018, Bangladesh agreed on a bilateral
agreement with Myanmar to repatriate more than
700,000 Rohingya, since the massive arrival of
Rohingya in Bangladesh in the last quarter of 2017
(Paul, 2018). Repatriation is indeed one of the
fastest solutions to implement durable solution. But
the history of Rohingya repatriation from
Bangladesh has shown that the process does not
respect the aspect of voluntarily, safety and dignity.
The study on Rohingya refugee, mostly
discussed the historical context, such as questioning
the origin of Rohingya and how the group was end
marginalized and discriminate by Myanmar
authorities as discussed by Ullah (Ullah, 2011).
Others scholars like Rahman focused on the
dilemma and insecurity facing by Bangladesh as a
host country in coping with a Rohingya case
(Rahman, 2010). In the other hand, Parnini raised
the issue in Bangladesh and Myanmar bilateral
relation in deal with Rohingya refugee in
Bangladesh. Parnini (Parnini, Othman and Ghazali,
2013) stated that the arrival of massive Rohingya in
Bangladesh has loosened the relation between the
Estriani, H.
Rohingya Refugee in Bangladesh: The Search for Durable Solutions?.
DOI: 10.5220/0010277200002309
In Proceedings of Airlangga Conference on International Relations (ACIR 2018) - Politics, Economy, and Security in Changing Indo-Pacific Region, pages 363-368
ISBN: 978-989-758-493-0
Copyright
c
2022 by SCITEPRESS Science and Technology Publications, Lda. All rights reserved
363
two neighborhoods. Meanwhile, the study done by
Crabtree focused on economic deprivation faced by
refugee in Bangladesh. Although Bangladesh
restricts Rohingya to involve in legal work, many of
them have participated in low-skilled jobs to sustain
their livelihood while they are stacked in limbo.
The gap that existed in the literature was that the
issue of durable solution was rarely studied. This
discussion paper attempts to bridge the gap by
questioning the most doable option of durable
solutions for the protracted refugee situation in
Bangladesh. Thus, this study would be discussed by
looking for the past, present and upcoming policy to
end the crisis of Rohingya refugee. This study
believes that the current repatriation effort will not
reach the durability if Myanmar cannot guarantee
the safety and dignity of Rohingya when returning
from Bangladesh. While repatriation might not be
the best option while Myanmar has not changed its
policy, de facto integration could be the main
solution for refugees to foster them to be self-
reliance to live independently from humanitarian
assistance.
2 CONCEPTUAL FRAMEWORK
According to the article no. 33 in Refugee
Convention 1951, person with the status of Refugees
should not be returned or pushed back to their home
country. This means that the host country must
accept the arrival of refugees, despite their religious,
ethnic, affiliations, and political background. They
also supposed to get the basic rights guaranteed by
the state that received them. Among these rights are
the right not to be discriminated against, the right to
obtain shelter, education, employment and so forth
as has been set out in the convention. This is also in
accordance with the Article 14 of the Universal
Declaration of Human Rights, which stated that
anybody has the right to seek asylum in another
country in order to get the protection from any
disruptions. Still and all, the concept of non-
refoulement has obliged the country, not to expel
refugees when their lives are threatened. Thus, the
concept has become an internal customary law. That
is, the principle compels not only to the country that
ratified the 1951 refugee convention, but also the
country that did not ratify, all must respect the
principle.
Rohingya refugees in Bangladesh have been
categorized as protracted refugees. UNHCR
describes the protracted refugee situation as a
prolonged condition facing refugees, who find it
difficult to find a way out in solving it. Such
prolonged conditions, do not endanger their lives
directly, but their economic, social, psychological
needs and basic rights are generally not fulfilled.
This protracted status is caused by political
stagnation and precarious diplomatic efforts both in
home and the host country. So there is no final
agreement that can be implemented to solve the
displacement. This stagnation causes many
restrictions towards refugee movement in the host
country, especially in relation to employment
(UNHCR, 2004).
In dealing with the protracted refugee situation,
UNHCR introduced three durable solutions to
resolve the issues which are the local integration,
voluntary repatriation and resettlement. According
to UNHCR, there is no hierarchy in implementing
durable solutions. But the best way to implement
them is to combine these three solutions with a
strong collaboration between the home and host
countries, the humanitarian organizations and the
refugees themselves (UNHCR, 2007).Voluntary
repatriation is to return refugees to their home
country with safety and dignity. The repatriation
must be based on the basic principle of voluntary
and cannot be done by force and coercion. Safety
and dignity means that both the host and home
country must ensure that the security and dignity of
refugees would be guaranteed upon arrival in the
home country. According to Long, voluntary
repatriation not only indicates the peace process
between refugee with their home country, but also
denotes the presence of community reconciliation
between refugees and indigenous communities in
their home country (Long, 2013).
Furthermore, resettlement is defined as the
process of transferring refugees from host countries
to third countries. As for Stein, resettlement
becomes the last resort of durable solutions to be
implemented. That is because, although the third
country generally categorize as developed, in reality
they are also limiting the refugees number entering
their country, so that only few refugees can be
absorbed in the resettlement process (Stein, 1986).
Jacobsen was described the local integration as
the forgotten concept of durable solutions in dealing
with refugees (Jacobsen, 2001). Jacobsen might
have a point for there is only little literature so far
discussing local integration as durable solution for
refugees. However, as stated by Fielden and Hovil
(Fielden, 2008; Hovil, 2014) it was not a matter of
ignored concept, but mostly due to the fact that local
integration was undocumented. As mentioned by
Hovil, in many protracted refugees situation, local
ACIR 2018 - Airlangga Conference on International Relations
364
integration is mostly used and more popular among
refugees than the other two durable solutions, the
repatriation and resettlement. In legal term, local
integration means a situation where refugees are
fully accepted by local community which includes
citizenship provision. Thus, the formal ways are
called as the de jure integration. As for de facto
terms, the integration take place locally only. This
means that integration is not only a matter of legal
status provision by Government, but also the
provision of self-sufficiency and settlement for
refugees in local community. Therefore, integration
could become a better option for in dealing with
protracted situation rather than short term assistance
(Jacobsen, 2001; Crisp, 2004; Fielden, 2008; Hovil,
2014).
In many protracted refugee cases, de facto
integration is far more popular than the formal one.
It is because legal integration is much more complex
to be implemented in today situation. The generosity
of the host country has changed significantly for
refugees after 9/11 tragedy, when they consider the
forced migration phenomena as a threat to national
security. Moreover since the issue of refugee has
been securitized in many occasions, it is now getting
harder for refugees to gain citizenship from the host
country.
3 THE ROHINGYA IN
BANGLADESH
Myanmar Citizenship Law 1982 does not include
Rohingya as one of the 135 Burmese national ethnic,
so they are not regarded as citizens and labeled as
stateless people. The Rohingya, Muslim minority
living predominantly in Burma’s northern Rakhine
state, are considered illegal immigrants from
Bangladesh, despite the fact that they have settled in
Myanmar for hundreds of years (Parnini, Othman
and Ghazali, 2013). This unrecognized status affects
the Rohingya where they are susceptible to
discrimination, oppression, torture, physical abuses,
and religious persecution by the Government of
Myanmar. That is, making Rohingya took refuge to
the neighboring countries, without exception
Bangladesh.
The condition of Bangladesh shows that the
country is not a well place to receive refugees. As
one of the most densely populated countries in the
world, Bangladesh is still struggling with poverty
and massive growing population. Moreover, the
country also known for its vulnerability because it is
often exposed to natural disasters and climate
change (Kiragu, Rosi and Morris, 2011). In fact, in
terms of legality, Bangladesh does not ratify the
1951 Refugee Convention and its Protocol of 1967.
Thus, the country does not have an obligation to deal
with Rohingya refugee. However, the country has
ratified several human rights conventions such as the
Convention on the Rights of Migrant Workers and
Their Families.
In connection with the forced migrations, the
authors categorize four phases of Rohingya influx
into Bangladesh. The first wave took place in 1978,
when the Burmese military junta deployed Dragon
King Operation. The massive operation resulted in
mass murder and ethnic expulsion of Rohingya from
his residence (Parnini, 2013). As a result, an
estimated 200,000 Rohingya fled over the border to
Bangladesh. In an attempt to provide protection for
Rohingya, the Government of Bangladesh
constructed 20 refugee camps in 1992, but only two
camps remain as yet, which are Kutapalong and
Nayapara camps in the Cox Bazaar district in
southern Bangladesh (Milton et al., 2017).
Dating back to 1991-1992, the Government of
Myanmar deployed military forces in the Rakhine.
They’re increasing the construction of military
companies and highways throughout the area, in
which Rohingya was charged with ethnic
discrimination and alleged for violating Myanmar
citizenship law North Rakhine region to the border
of Bangladesh. The construction of military facilities
is accompanied by forced labor, seizure and
eviction, physical torture, murder and rape against
ethnic Rohingya living in Rakhine. Similarly,
mosque facilities are destroyed while religious
activities are prohibited as well as attacks on Muslim
leaders (Wiggers, 2002). As a result, over 250,000
Rakhine Muslims fled Myanmar seeks a protection
to Bangladesh, that event was called as the second
wave.
Furthermore, in 2012 as many as 140,000
Rohingya escaped to Bangladesh due to the
communal conflict that occurred with the majority
Buddhist Rakhine (Wiggers, 2002). In that third
influx, the communal conflict led to massacres, mass
killings and burning of Rohingya household by the
majority of Buddhist Rakhine along with local
military groups (Fuller, 2012). The arrival of
Rohingya Muslims in Bangladesh increased
significantly in early August 2017, when some
700,000 Rohingya Muslims crossed the border into
Bangladesh due to attacks and massacres perpetrated
by Myanmar military and police officers (Bearak,
2017).
Rohingya Refugee in Bangladesh: The Search for Durable Solutions?
365
Although Bangladesh did not ratify the 1951
Refugee Convention and the 1967 Protocol, the non-
refoulement concept obliged Bangladesh to respect
the principle by not pushing back the refugees to
their home country. However, it creates the
dilemmas for Bangladesh. According to Crabtree,
beside to security challenges, the presence of
Rohingya in Bangladesh creates tension between
refugees and local people because they are
considered as a burden that exacerbate the recent
problems facing Bangladesh such as poverty,
unemployment and underdevelopment (Crabtree,
2010).
Such perception has turned Bangladesh to
implements various restrictions for the Rohingya.
One is the prohibition of refugees to work both in
formal and informal sectors. In reality, however,
many refugees are working in the informal sector as
low-skilled labor. This then caused tension with the
local Bangladeshi population as many of them also
worked in the lower job sector (Crabtree, 2010).
Another limitation is the policy of encampment, in
which Bangladesh imposed a ban on refugees to
leaving the camp area without formal approval from
local authorities (Parnini, 2013).
4 FORCED REPATRIATION:
THE SOLUTION OF NO
SOLUTION?
Following the massive arrival of Rohingya to
Bangladesh in August 2017, the Government of
Bangladesh and Myanmar, proposed the idea to
repatriate 650.000 Rohingya back to Myanmar. The
agreement was signed by both parties in the first
quarter of 2018 and decided to complete the
repatriation process within two years, with scheme
of 300 people being repatriated to Myanmar every
day. To facilitate the repatriation process, five transit
camps will be built on the Bangladesh-Myanmar
border. However, since the two parties begin the
talks, UNHCR has not been widely involved in
refugee repatriation scheme (Paul, 2018).
The question over the scheme would be whether
the repatriation as one of the three durable solutions,
has fulfilled the principle of voluntary, safety and
dignity that must be respected in the repatriation
process. The UN emphasize that the principal of
voluntarily in repatriation process need to get
refugee’s approval to be returned back to the home
country, unless the repatriation defined by forced
and coercion and thus, considered as a violation of
individual rights in seeking for protection. Thus, the
aspects of safety and dignity also must be considered
in doing repatriation.
In the case of Rohingya, the question raised
whether Myanmar has been willing to guarantee the
safety and security upon the arrival of Rohingya.
According to Long (Long, 2013) the repatriation is
also a forms of peace agreement between refugees
and their home country. It is also forms of
reconciliation between refugee and the local
community. In the case of Myanmar, the current
condition shows there is still no clear stance from
the country regarding its policy towards the
Rohingya. Myanmar Citizenship Law 1982 has not
included Rohingya as part of 135 national ethnic of
Myanmar listed in the document. That is, the
Rohingya are still stateless because they do not have
citizenship status. Means, even Rohingya returns to
Myanmar, they will not get proper citizenship rights
such as the right to education, health insurance,
political rights and so on. Such concern should be
emphasized by Myanmar if the country has ready to
receive Rohingya back. Technical issues such as the
construction of refugee camps in Myanmar also
must be considered, as the returnees are no longer
having a place to live because their homes were
destroyed.
Furthermore, although in the end UN has been
involved in the process of repatriation by
Bangladesh and Myanmar, the agency is not fully
convinced that the repatriation process undertake in
the basis of voluntary, safety and dignity. This is
because Myanmar has not been able to ensure that
all parties will guarantee security, safety, human
rights and the status of Rohingya when they are
arrived in Myanmar. Just like the recent statement
made by UNHCR representatives who visited
Myanmar, "From what I've seen and heard from
people - no access to health services, concerns about
protection, continued displacement - condition are
not conducive to returns,"(Slodkowski, 2018).
This is not the first time for Bangladesh to
repatriate thousands of Rohingya back to Myanmar.
In the first influx of refugee arrival in 1978, both
countries agreed on agreement to repatriate 200.000
Rohingya back to Rakhine. The agreement was
resumed in 1992, when the two countries signing a
Memorandum of Understanding (MoU) to re-
establish the repatriation program by giving a small
portion involvement of UNHCR in the process.
However, when the repatriation take placed,
Bangladesh completely excluded UNHCR from the
process and that makes the country was widely
ACIR 2018 - Airlangga Conference on International Relations
366
criticized by international community (Nemoto,
1991).
Thus, both repatriation in 1978 and 1992
strongly indicates the violating aspects of
repatriation. Repatriation is indeed becoming the
fastest way from three durable solutions to be
implemented in protracted refugee situation. But it
only becomes a durable solution if Bangladesh could
guarantee that the three aspects have been respected.
The consequence of neglecting the aspects has
resulted in the re-entered thousands of Rohingya
back to Bangladesh after series repatriation because
Myanmar still cannot guarantee the safety and well
being of Rohingya. This repeated pattern only
created the solution of no solution and not
establishes any significant result to achieve the
essence of durables solutions.
5 TOWARDS DE FACTO
INTEGRATIONS?
In the case of Bangladesh protracted refugee
situation, the local integration might be the best
option to gain durable solution. This is because
repatriation would not be effective when it is
violating the aspect of voluntarily, safety and dignity
of refugee. Moreover, since the reluctance of
Myanmar in dealing with the status of Rohingya, the
solution of repatriation is in vain. The resettlement
in third country is not better solution either, when
neighboring countries are also burdened with the
vast number of Syrian refugees. However, in
Bangladesh case, where prolonged condition in
terms of Government refusal to grant wide-range
rights for the refugees, the de jure integration is
completely needed.
In order to be locally integrated, the host country
along with the international community has to
engage to make refugee become self-reliant. This is
also a solution to avoid social jealousy and limiting
labor competition between locals and refugees.
Besides, the purpose of this self-reliance is
safeguarding and empowering refugee’s activities
(UNHCR, 2005, p. 3). The context of this self-
reliance is by giving land or place to refugees, to be
managed by them. Here, Zimbabwe is a country
where refugees already are able to manage self-
reliance. The refugees from Democratic Republic of
the Congo (DRC) and Burundi in Tongogora
Refugee Camp in Zimbabwe already do agriculture
sector and do self-sufficiency to support their live.
Each family gets 0.08 hectare of land from
Government and they plant maize or beans based on
its expert plots (Redden, 2007)
The success example of local integration is
between the refugees and local community in
Northwestern Tanzania. The integration can be seen
through mutual trade, open markets, and inter-
marriage between locals and refugees. The local
people also opened the health facilities as well as
market for refugee to be self-reliant. The other case
is Mexico. The country received economic benefit
due to refugees’ arrival. They lost nothing but
gained economic contribution after integrating
refugee into its economic and social spheres
(Jacobsen, 2001). Through refugee, the chance of
getting more loans and aids from donor states
benefited Mexico to build and developed the
country’s economic condition.
In this case, the host countries could search for
loan or get aids from the donor countries. However,
the fact that international funding only partially
support the economic burden (Dionigi, 2016)
indicates that the funding must be allocated to
investment rather than consumption. While
consumption focusing on “using” sources, the
investment focuses for “creating” sources. At first,
investment might give burden and it seems hardly to
achieve success. However, the money spent are
worth with the outcomes, as what Stein has said
“Relief and care and maintenance are expensive but
the durable solution of local settlement? Especially
when it involves developmental and infrastructural
assistance and also incorporates elements of the
local population? Is not inexpensive” (Stein, 1986).
Thus, the Government of Bangladesh along with
international community, such UNHCR has to seek
mutual agreement in response the vagueness of
Rohingya refugees in Lebanon. ASEAN as a
regional organization have to maximize its policy in
handling human rights violations in Myanmar.
ASEAN itself has emphasized the seriousness of
human rights through the ASEAN Human Right
Declaration (AHRD), thus the organization should
take concrete steps in handling the Rohingya case in
Myanmar. The role of the association along with the
international community in pressuring Aung San Su
Kyi's Government to intensify human rights
enforcement needs to be improved, as well as
pressuring the still-influential military junta in
Myanmar, to determine their attitude towards
Rohingya. However, the Rohingya refugee crisis
will not be over as long as Myanmar still commits
human rights abuses against Rohingya ethnic
minorities and does not revise the Myanmar
Citizenship Law 1982.
Rohingya Refugee in Bangladesh: The Search for Durable Solutions?
367
6 CONCLUSION
The durable solutions are needed in dealing with the
protracted situation of Rohingya refugees in
Bangladesh. The recent agreement between
Bangladesh and Myanmar on repatriating more than
700.000 Rohingya within two years is not the best
option unless both parties agree to guarantee the
aspect of repatriation based on voluntary, safety and
dignity. Moreover, with little involvement of
UNHCR in the process of repatriation, the durable
solution is only an illusion. Thus, when Rohingya
insist not changing its current policy on Rohingya,
when the violation of human rights are still haunt the
Rohingya, the repatriation is not a doable solutions.
The solution of resettlement is also call into doubt
when the neighborhood country like Thailand and
Malaysia also filled with numbers of Rohingya
fleeing the persecution. Thus, the most doable
solution is to implement de facto integration, which
is not only a matter of legal status provision by
Government, but also the provision of self-
sufficiency and settlement for refugees in local
community.
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