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 humanitarian and legal challenges of the 21st century. Fleeing persecution and statelessness in Myanmar, hundreds of thousands of Rohingya refugees have sought shelter in neighboring countries, primarily Bangladesh. Despite multiple repatriation agreements, returns have repeatedly failed due to unsafe conditions, lack of citizenship, and inadequate international oversight. This thesis examines the legal, humanitarian, and political obstacles to implementing safe, voluntary, and dignified repatriation under international law. It critically analyzes Myanmar’s obligations, the responsibilities of host and regional states, and the role of international organizations, including the UN, ICJ, and ICC. Using a case study approach, the thesis evaluates past failed repatriation efforts, highlighting gaps in compliance with non-refoulement, human rights, and statelessness frameworks. Legal analysis demonstrates that the absence of safety guarantees, citizenship, and access to basic services violates fundamental international law principles, rendering repatriation non-voluntary and non dignified. The thesis concludes with practical recommendations for Myanmar, Bangladesh, ASEAN, and the broader international community, emphasizing coordinated legal, humanitarian, and political strategies. These recommendations aim to ensure that any future repatriation respects international law, protects human rights, and addresses the long-term needs of Rohingya returnees. This research contributes to understanding the complex interplay between state sovereignty, international obligations, and refugee protection, offering a model for managing large-scale displacement crises in line with global legal standards.