CHAPTER ONE

INTRODUCTION

1.1 BACKGROUND OF STUDY

Bangladesh has a history of political resistance and humanitarian crisis and also faced significant
challenges in dealing with refugees, particularly in the case of Rohingya who fled persecution in
Myanmar. In just 2017, over 700,000 Rohingya entered in Bangladesh being a burden over already
existing refugees. It strained national resources and infrastructure. Despite efforts by the
government to give temporary shelter and assistance, the lack of a formal legal framework for
refugee protection has resulted in significant gaps in delivering their needs and rights. Currently,
Bangladesh relies on ad hoc measures and international organizations e.g. UNHCR to manage
refugee issues. Though the 1951 Refugee Convention and its 1967 Protocol are fundamentals to
refugee protection, Bangladesh's status limits its ability to utilize these international frameworks
effectively as a non-signatory state. Refugees face many challenges e.g. restricted movement,
limited access to education and healthcare, and the threat of repatriation without diplomatic
assurance. The absence of specific laws for determining refugee status or protection against
forced deportation makes refugees vulnerable to abuse and discrimination. Its urgent to establish
a national refugee protection framework associated with international standards is clear, as the
prolonged nature of the Rohingya crisis to avoid potential future threat due to regional instability.
The framework will enhance refugee rights and well-being and also will strengthen Bangladesh’s
capacity to manage these populations sustainably. This research paper aims to explore
Bangladesh's hesitation to establish a national refugee protection framework and its implications,
examines the limitations of current policies, the benefits of corporating with international norms,
and real time steps for achieving this goal. It also seeks to provide a comprehensive roadmap for
policymakers and civil society for creating an equitable system for refugee protection in
Bangladesh.

1.2 STATEMENT OF PROBLEM

Bangladesh has long been a host to large numbers of refugees, particularly the Rohingya
population, fleeing persecution in Myanmar. Despite this significant role, the country lacks a
comprehensive legal framework to address refugee protection. Currently, Bangladesh is neither a
signatory to the 1951 Refugee Convention nor its 1967 Protocol, and it does not have any national
legislation specifically designed to govern the rights and responsibilities of refugees.

This absence has led to ad hoc policies and reliance on international humanitarian assistance,
leaving refugees vulnerable to legal, social, and economic challenges.
The absence of formal refugee laws creates an uncertain situation for refugees, who are denied
legal recognition and are often treated as illegal migrants. This legal vacuum exposes refugees to
various vulnerabilities, including the risk of arbitrary detention, limited access to basic services
such as education and healthcare, and restrictions on their freedom of movement and right to
work. Furthermore, without a clear legal framework, refugees in Bangladesh remain dependent on
international humanitarian aid, while the government faces increasing challenges in balancing
domestic priorities with international expectations.

The Rohingya crisis, involving over a million refugees in Bangladesh, is one of South Asia’s most
pressing humanitarian challenges. The influx of refugees has strained Bangladesh's resources and
infrastructure, intensifying socio-economic tensions in host communities. Rohingya refugees rely
entirely on humanitarian assistance for protection, food, water, shelter, and health. The absence of
legal recognition complicates the implementation of lasting solutions, such as voluntary
repatriation, local integration, or resettlement. Without a formal framework, Bangladesh's capacity
to participate in international dialogue and cooperation on refugee matters is limited, potentially
impeding access to global resources and support.

1.3 RESEARCH QUESTIONS:

This research is centered around the primary question as follows

1. How could having national refugee laws and joining the 1951 Refugee Convention help
improve the protection of refugees in Bangladesh?

To reach the answer to the main question, the research has explored the subsidiary questions as
follows:

1. What are the existing gaps and challenges in Bangladesh's current legal and policy
framework concerning refugee protection, and how do these affect refugees' rights and access to
basic services?

2. What are the problems caused in Bangladesh not having its own refugee laws and not being
part of the 1951 Refugee Convention?

1.4 OBJECTIVES OF THE STUDY:

The Primary Objective of this research is to examine.

“ How the development of national refugee laws and Bangladesh’s accession to the 1951 Refugee
Convention can enhance the protection of refugees in the country”.

To attain the objective , the research has explored other secondary objectives :

1. To assess the current legal and policy gaps in Bangladesh concerning refugee protection,
and to analyze their impact on refugees' rights and access to essential services.

2. To investigate the challenges and issues resulting from Bangladesh's absence of national
refugee laws and non-ratification of the 1951 Refugee Convention, and their consequences on
refugees' safety and well-being.
3. To propose strategies for the creation of national refugee laws and the integration of the
1951 Refugee Convention into Bangladesh’s legal framework, with a focus on improving refugee
protection.

4. To explore the potential benefits of Bangladesh’s accession to the 1951 Refugee

1.5 SCOPE OF THE STUDY:

The scope of this study involves an examination of the existing legal and policy frameworks for
refugee protection in Bangladesh. It investigates the gaps in national legislation and the
consequences of the country’s non-accession to the 1951 Refugee Convention. The research
focuses primarily on the Rohingya population, who represent the largest refugee group in
Bangladesh, to analyze the specific vulnerabilities they face in the absence of legal safeguards.
Additionally, the study will assess the socio-political and economic implications of introducing
national refugee legislation and acceding to international refugee conventions. The scope also
extends to evaluating the roles of international organizations, NGOs, and regional cooperation in
enhancing refugee protection mechanisms in Bangladesh.

1.6 LIMITATIONS OF THE STUDY:

This study has several limitations that may affect its comprehensiveness. First, access to refugee
camps and affected populations may be restricted due to administrative or security concerns,
limiting primary data collection and necessitating reliance on secondary data from NGOs and
international organizations, which could impact the accuracy of findings. Engaging with
government officials and policymakers may also be challenging due to the sensitivity of refugee
issues in Bangladesh. Additionally, time constraints restrict extensive comparative analyses of
other countries' refugee frameworks, narrowing applicable lessons for Bangladesh. Finally,
financial and logistical challenges may limit fieldwork and detailed on-site observations, affecting
the depth of the analysis.

1.7 METHODOLOGY OF RESEARCH :

This research will employ a qualitative, desk-based methodology that is primarily based on
secondary data collection and analysis. The methodology is designed to address research
questions. The research will follow a systematic approach to review and analyze secondary
sources that are directly related to the research topic. The primary focus will be on examining The
Constitution of Bangladesh, international legal instruments, national laws, and policy documents.
The methodology also includes a detailed analysis of international legal frameworks, particularly
the 1951 Refugee Convention and its 1967 Protocol. These documents will be critically assessed to
understand the rights and obligations of signatory states, including the provisions for refugee
protection. The study will explore how these international standards could be applied within the
Bangladeshi legal context, highlighting potential gaps and opportunities for reform. The research
will examine Bangladesh's current legal and policy Framework , including its Constitution,
immigration laws, and administrative practices related to refugee protection. This analysis will
focus on identifying existing gaps and challenges that hinder the effective protection of refugees.
Relevant policy documents, government reports, and legal frameworks will be reviewed to assess
how Bangladesh’s laws and policies align with international refugee protection standards. The
study will analyze a wide range of academic sources, including books, peer-reviewed journal
articles, and theses, to gather insights into the theoretical and practical aspects of refugee law,
with a particular emphasis on refugee protection frameworks. Grey literature such as reports and
policy papers from international organizations, NGOs, and human rights bodies will also be
reviewed to obtain additional perspectives on the refugee situation in Bangladesh. Secondary data
from reputable international organizations such as the UNHCR, the International Organization for
Migration (IOM), and other relevant agencies will be utilized. These sources provide essential data
on the status of refugees in Bangladesh, particularly the Rohingya population, and offer insights
into the challenges refugees face under the current legal framework. Reports and publications
from these organizations will help to highlight the limitations of existing policies and the need for
national legislation. The analysis of existing literature, legal frameworks, and international reports
allows for a comprehensive understanding of the challenges in Bangladesh’s refugee protection
system. By using secondary data, the study can draw upon a wide array of existing information,
providing both a theoretical foundation and practical insights into the gaps and potential solutions
for refugee protection.

The methodology is suitable as it allows for the exploration of complex legal and policy issues
without requiring primary data collection, which is challenging due to the sensitive nature of
refugee protection and the absence of formal refugee laws in Bangladesh. Additionally, secondary
data from international organizations provides authoritative and current information essential for
understanding the refugee situation in the country

1.8 BRIEF STRUCTURE OF RESEARCH :

Chapter One introduces the research, outlining the background, problem statement, research
questions, objectives, scope, limitations, methodology, and study structure.

Chapter Two reviews existing literature on refugee protection frameworks and Bangladesh’s legal
landscape, identifying key studies and gaps to set the research context.

Chapter Three presents the conceptual and theoretical framework for understanding refugee
protection, covering international refugee law, principles of protection, and their application in
Bangladesh, along with discussions on state sovereignty, international cooperation, and human
security.

Chapter Four analyzes Bangladesh's current legal and policy framework regarding refugees,
including historical context, existing laws, gaps, challenges, and the need for a formal protection
system.

Chapter Five discusses key international legal instruments like the 1951 Refugee Convention and
the 1967 Protocol, exploring their relevance to Bangladesh and the benefits and challenges of
accession.
Chapter Six proposes a legal framework for Bangladesh that includes elements such as refugee
status determination, rights protections, and the establishment of a National Refugee Agency,
discussing its pros and cons.

Chapter Seven summarizes key findings, offers policy recommendations, discusses future
outlooks, and provides concluding remarks aimed at improving refugee protection in Bangladesh