Author: Md. Rahim Ullah
You can reach @ author: rahimiiuc2014@yahoo.com
Co-author: Mohammed Imran
imran.rrsa@gmail.com
The position of the Rohingya is both tragic and complex. Having lived in Myanmar for hundreds of
years, they are now denied citizenship there, having been constitutionally stripped of it in 1982 by the
Myanmar government. Over a million have fled from severe violence over the border to Bangladesh
and now remain confined there in refugee camps where they must rely on international humanitarian
aid to survive. And now this aid is diminishing.
Bangladesh is a poor nation, and therefore cannot assimilate and grant the Rohingya citizenship when
there are not jobs enough for its own. And there are significant challenges for them in terms of justice
and legal protections.
Role of Courts:
1) Limited Legal Status:
Their undocumented status limits the Rohingya access to legal rights, including the right to seek justice
through the Bangladeshi courts. The legal system often doesn’t apply to them in the same way it does to
Bangladeshi citizens.
2) Restricted Access to Courts:
Because the Rohingya are not citizens, they often cannot file legal complaints or seek justice in the
regular courts without prior permission of the assigned Camp in Charge (CiC). Legal procedures are
usually tailored for citizens while Rohingyas face such barriers as language, lack of identification,
insufficient legal representation, and discrimination as refugees and Forceful Displaced Myanmar
Nationals (FDMN).
3) Injustice in the System:
There have been reports of Rohingyas facing injustice when they try to access legal remedies. For
example, they may not receive fair trials, and there are instances of corruption or discrimination that
prevent them from getting a fair hearing. Without recognized legal status, there’s little accountability
for perpetrators of crimes against Rohingyas, including exploitation, abuse, or human trafficking.
Roles of Police Stations:
1) Extrajudicial mode of law by law enforcing agencies perversion:
The extrajudicial mode of law enforcement agencies and Perversion attitude and individual negative
perception of refugees often deter refugees from getting fair justice from the judicial system. Police
intimidate and bully refugees in the course of justice. Refugees face constant discrimination and
challenges due to negative narratives established by the local and international media.
2) Police Reluctance to Intervene:
Police stations in Bangladesh often face challenges when it comes to dealing with Rohingya refugees
and FDMN. Many police officers view them as “foreigners” and may not be motivated to address crimes
committed against them. In some cases, there’s a lack of training or resources to understand the
complexities of refugee laws and human rights.
3) Lack of Protection:
Rohingya refugees are often vulnerable to violence, trafficking, and exploitation. While the police
should theoretically offer protection, in practice, many Rohingya are subjected to abuse by local
authorities or lack adequate police protection. Reports of police involvement in human-trafficking rings
or exploitation within refugee camps have also surfaced.
4) Systemic Corruption and Inaction:
In some areas, local police may be corrupt or involved in illegal activities, such as extortion, bribery, or
supporting criminal groups that prey on vulnerable refugees and FDMN. This systemic corruption
weakens the ability of the justice system to function properly and denies Rohingya any real protection
or justice.
CHALLENGES TO JUSTICE:
Political Pressure and lack of willingness:
The Bangladeshi government faces significant pressure, both domestically and internationally,
regarding the Rohingya crisis. While Bangladesh has shown hospitality, it also has its own socio-
political challenges, including concerns about national security, resource allocation, and public
sentiment about the Rohingya presence. These pressures may result in a lack of will to invest in
improving the justice system for the Rohingya.
SUGGESTIONS FOR IMPROVING JUSTICE FOR THE ROHINGYA:
Recognition of Legal Status:
One key step would be to grant Rohingyas a clearer legal status, such as refugee or temporary protected
status, which could afford them basic legal rights and access to courts. This would allow them to seek
justice more effectively, even if that means temporary measures until a longer-term solution is found.
Strengthening Police Training:
Police forces in areas with large Rohingya populations need to be trained to understand the unique
challenges refugees face, and how to protect them. This includes providing proper protection from
exploitation, human trafficking, and other crimes.
Community Engagement and Support:
Establishing community-support systems, including NGOs, legal-aid services, and local leadership, can
help ensure that Rohingyas know their rights and how to assert them. It can also act as a check against
abuse by authorities or other actors.
Ensure Accountability:
Bangladesh government should coordinate and monitor local authorities to improve the protection of
Rohingyas in the camps. Accountability measures, whether through international agencies or local
authorities, can ensure fair justice conditions for Rohingyas in Bangladesh.
Lack of Policies in Bangladesh for Refugees:
Bangladesh is not a signatory country to the 1951 Refugee Convention, the 1967 Protocol and other
international instruments relating to the refugees. And Bangladesh doesn’t have national-level policies
to handle and cope with refugee laws that bar Rohingyas from getting justice in Bangladesh. There is
no transparency and accountability in camps for crimes committed by police, arms groups and
perpetrators, and the victims wind up victimized. The government should adopt laws, rules and
ordinances to protect refugees in the country.
In conclusion, the lack of justice for the Rohingya community in Bangladesh stems from a combination
of legal-status issues, systemic corruption, and international neglect. To achieve meaningful change, it
will require a multifaceted approach, including legal reforms, better protection from authorities, and
international cooperation to address the root causes of judicial system for refugees living in the camps.
The Bangladeshi government should focus on fair Rohingya representation before the judges, police
and relevant stakeholders during their stay in Bangladesh.
Text by a refugee. Anon.