“The Challenges of Implementing Safe, Voluntary, and Dignified Repatriation of Rohingya Refugees under International Law.”

Abstract

The Rohingya crisis represents one of the most severe contemporary humanitarian and legal challenges in South Asia. Since 2012, waves of persecution and violence in Rakhine State, Myanmar, have led to the mass displacement of the Rohingya population, resulting in over one million refugees residing in Bangladesh. This thesis examines the challenges of implementing a safe, voluntary, and dignified repatriation of Rohingya refugees under international law, with a particular focus on Bangladesh’s legal and policy responses. The study employs a doctrinal research methodology, analysing international treaties, customary law, case law, UN resolutions, and scholarly literature. Key legal frameworks examined include the 1951 Refugee Convention, the 1967 Protocol, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention on the Rights of the Child (CRC), the Genocide Convention, and customary norms such as non-refoulement and the right to nationality. The research also critically evaluates the efficacy of regional and international mechanisms, including the International Court of Justice (ICJ), UNHCR, and the Human Rights Council, in ensuring compliance with international standards. The findings reveal a persistent gap between legal principles and practical implementation. Myanmar’s denial of citizenship to the Rohingya, ongoing human rights violations, and the lack of safety guarantees render voluntary repatriation currently unfeasible and legally problematic. Bangladesh, despite its remarkable humanitarian efforts, faces limitations in infrastructure, legal frameworks, and long-term capacity, which complicates potential repatriation. Moreover, the study identifies deficiencies in international accountability mechanisms, which fail to enforce compliance or protect the rights of returnees. Based on these findings, the thesis recommends a multi-layered approach: Bangladesh should establish a comprehensive national legal framework for refugee protection; Myanmar must repeal discriminatory citizenship laws and ensure safety and freedom for returnees; and the international community should adopt targeted measures to enforce accountability, facilitate independent monitoring, and engage in equitable burden-sharing. The research concludes that only through a combination of legal reform, political will, and international cooperation can the repatriation of Rohingya refugees become genuinely safe, voluntary, and dignified. This study contributes to the body of scholarship by integrating international legal norms with the practical realities of Bangladesh’s refugee management, offering policy recommendations that balance humanitarian obligations with legal compliance. It underscores the crucial role of law in both protecting refugees and guiding the international community’s response to protracted displacement crises.