“Legal Status of Rohingya Refugees in Bangladesh: Gaps Between National Law and International Standards”

Abstract

The legal status of Rohingya refugees in Bangladesh represents a complex intersection between humanitarian considerations, national security interests, and international human rights norms. Despite hosting over one million forcibly displaced Rohingya people fleeing persecution in Myanmar, Bangladesh is not a signatory to the 1951 Refugee Convention or its 1967 Protocol, nor does it have a national refugee law to regulate asylum, rights, and long term protection. As a result, Rohingya in Bangladesh are classified as “Forcibly Displaced Myanmar Nationals (FDMNs)” rather than refugees, creating a significant legal gap that directly affects their access to basic rights, durable solutions, and international protection. Under national law, the absence of a refugee framework means that rights such as freedom of movement, employment, education, and legal identity remain heavily restricted. Rohingya are largely confined to camps in Cox’s Bazar and Bhasan Char and rely primarily on humanitarian assistance. While Bangladesh upholds certain protections under constitutional guarantees of equality, and provides temporary shelter on humanitarian grounds, these measures fall short of the comprehensive rights envisioned under international standards. Conversely, international human rights law—including the Universal Declaration of Human Rights, Convention on the Rights of the Child, and customary norms against refoulement— requires states to ensure non-discrimination, access to basic services, and the right to a dignified life. Though Bangladesh informally observes many of these principles, practical implementation remains inconsistent due to resource limitations, political concerns, security risks, and the absence of legal codification. This gap between national law and international standards results in uncertain legal identity, limited protection mechanisms, and prolonged vulnerability for Rohingya refugees. The study highlights the need for a structured national refugee framework, stronger regional cooperation, and alignment with international protection norms. Addressing these gaps is essential not only for safeguarding Rohingya rights but also for ensuring sustainable, rights based refugee governance in Bangladesh.