d. Freedom of Movement, Internally Displaced Persons, Protection of Refugees, and Stateless Persons
The law provides for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights, except in two sensitive areas–the CHT and Cox’s Bazar. The government enforced some restrictions on access to the CHT by foreigners.
More than 700,000 individuals, mostly Rohingya women and children, have fled violence in Burma since August 2017, which the Secretary of State determined in November constituted a deliberate campaign of ethnic cleansing by the Burmese military. The total number of Rohingya refugees hosted in Bangladesh was approximately one million living in refugee camps and host communities in Cox’s Bazar near the Burmese border. The government restricts Rohingya refugees to the Ukhia and Teknaf subdistricts in Cox’s Bazar, although the government has allowed exceptions for medical treatment in Cox’s Bazar city.
Abuse of Migrants, Refugees, and Stateless Persons: Prior to the August 2017 influx of Rohingya, UNHCR reported 66 survivors of sexual and gender-based violence in the camps who received counseling through March. In October the International Organization for Migration (IOM) reported it identified approximately 100 cases of human trafficking among Rohingya refugees since September 2017 with the majority subjected to labor trafficking.
In-country Movement: The government is not a party to the 1951 Refugee Convention and the 1967 Protocol. As a result the government claims it is not bound under legal obligation to uphold the basic rights enshrined in this document.
The government does not recognize the new Rohingya arrivals as refugees, referring to them instead as “forcibly displaced Myanmar nationals.” In practice, however, the government abides by many of the established UN standards for refugees. One notable exception is the Rohingya do not enjoy full freedom of movement throughout Bangladesh. While the refugees are able to move largely unrestricted in the Ukhia and Tekhaf subdistricts, the government established checkpoints to prevent their movement outside this area.
Members of the political opposition were sometimes prevented from moving around the country or faced harassment and detention when attempting to do so. Senior BNP leader and former law minister Moudud Ahmed was confined to his house in Noakhali twice during the year. Ahmed claimed police officials barricaded him in his home, preventing him from contact with his supporters and constituents, and from attending party-related events. He alleged police curbed his freedom of movement at the behest of Obaidul Quader, General Secretary of the incumbent Awami League and Minister for Road Transport and Bridges, who is his electoral rival in the area. Police claimed the measures were intended to increase security at Ahmed’s home in his capacity as a senior political figure.
Foreign Travel: Some senior opposition officials reported extensive delays renewing their passports; others reported harassment and delays at the airport when departing the country. On September 12, authorities at Shah Jalal International Airport in Dhaka delayed immigration clearance for BNP Secretary General Mirza Fakhrul Islam Alamgir.
The government prevented war crimes suspects from the 1971 independence war from leaving the country.
The country’s passports are invalid for travel to Israel, according to government policy.
INTERNALLY DISPLACED PERSONS (IDPS)
Societal tensions and marginalization of indigenous persons continued in the CHT as a result of a government policy initiated during an internal armed conflict from 1973-97. This policy relocated landless Bengalis to the CHT with the implicit objective of changing the demographic balance to make Bengalis the majority, displacing tens of thousands of indigenous persons.
The IDPs in the CHT had limited physical security. Community leaders maintained indigenous persons faced widespread violation of their rights by settlers, sometimes supported by security forces.
In 2016 the government amended the Chittagong Hill Tracts Land Dispute Resolution Commission Act to curtail the unilateral authority of the commission chair to make decisions on behalf of the commission. The amended act failed to resolve the disputes during the year as tribal leaders insisted on establishing a governing framework for the law before hearing disputes for resolution. In December 2017 the government reappointed Justice Mohammad Anwarul Haque chair of the commission for three years. The Land Ministry formulated rules for implementation of the act, but the rules have yet to be officially promulgated.
The number of IDPs in the CHT remained disputed. In 2000 a government task force estimated it to be 500,000, which included nonindigenous as well as indigenous persons. The CHT Commission estimated slightly more than 90,000 indigenous IDPs resided in the CHT. The prime minister pledged to resolve outstanding land disputes in the CHT to facilitate the return of the IDPs and close remaining military camps, but the task force on IDPs remained unable to function due to a dispute over classifying settlers as IDPs. The commission reported authorities displaced several indigenous families to create border guard camps and army recreational facilities. No land disputes were resolved during the year.
PROTECTION OF REFUGEES
Prior to the August 2017 Rohingya influx, the government and UNHCR provided temporary protection and basic assistance to approximately 33,000 registered Rohingya refugees from Burma living in two official camps (Kutupalong and Nayapara), while the government and IOM provided assistance to approximately 200,000 undocumented Rohingya living in makeshift settlements in Cox’s Bazar. Since the additional influx of refugees in August 2017, approximately one million Rohingya refugees lived in refugee camps, makeshift settlements, and host communities. According to the United Nations, more than half of the population is less than 18 years old. A National Task Force, established by the Ministry of Foreign Affairs, leads the coordination of the overall Rohingya crisis. The Ministry of Disaster Management and Relief coordinates the Rohingya response with support from the Bangladesh Army and Border Guard Bangladesh. At the local level, the Refugee, Relief and Repatriation Commissioner (RRRC) and the deputy commissioner provide coordination.
The government temporarily deployed the military to Cox’s Bazar District in the fall of 2017 to streamline relief and rehabilitation activities and to assist in registration of Rohingya in coordination with the civilian administration. In response to growing security concerns, the military has again become more active in the refugee camps, conducting patrols 24 hours a day. The Ministry of Home Affairs instructed law enforcement agencies to provide protection to the Rohingya people and their camps. International organizations alleged some Bangladeshi border guard, military, and police officials were involved in facilitating the trafficking of Rohingya women and children, ranging from “looking the other way” for bribes allowing traffickers to access Rohingya in the camps to direct involvement.
Refoulement: There was no refoulement or forced repatriation. On November 15, in an effort to demonstrate it was not blocking returns as alleged by Burma, Bangladesh sent buses to selected Rohingya camps to pick up anyone ready to return. Bangladesh called off the operation when no refugees volunteered. Several times during the year, senior government officials reaffirmed Bangladesh’s commitment to voluntary, safe, and dignified refugee returns, based on informed consent.
Access to Asylum: The law does not provide for granting asylum or refugee status, nor has the government established a formal system for providing protection to refugees. The government provided significant protection and assistance to Rohingya resident in the country. The government cooperated with UNHCR to provide temporary protection and basic assistance to registered refugees resident in two official camps. After the 2017 arrival of Rohingya refugees, the government started to register the new refugees biometrically and provided identity cards with their Burmese address. The government is working jointly with UNHCR to verify Rohingya refugees and issue ID cards that replace prior cards and provide for protection of Rohingya refugees as well as better systems for accessing services and assistance. The card also affirms the government’s commitment against forced returns to Burma. Despite this documentation system, the lack of formal refugee status for Rohingya and clear legal reporting mechanisms in the camps impeded their access to the justice system, leading to underreporting of cases of abuse and exploitation and impunity for traffickers.
Freedom of Movement: There continued to be restrictions on Rohingyas’ freedom of movement. According to the 1993 memorandum of understanding between Bangladesh and UNHCR, registered Rohingya refugees are not permitted to move outside of the two camps. After the August 2017 influx, police set up checkpoints on the roads to restrict Rohingya travel beyond the Ukhia and Tefnaf subdistricts.
Many camp authorities have introduced curfews and law enforcement patrols, particularly at night, in response to reported concerns about violent attacks, abductions, or kidnappings in the camps.
Employment: The government did not formally authorize Rohingya refugees living in the country to work locally, although it allowed limited cash-for-work schemes for Rohingya to perform construction and maintenance tasks within the camps. Despite their movement restrictions, some refugees worked illegally as manual laborers in the informal economy. Undocumented Rohingya also worked illegally, mostly in day-labor jobs.
Access to Basic Services: The rapid increase in the population has occurred has strained services both inside and outside of the designated camps and makeshift settlements. The UN-led Inter Sector Coordination Group (ISCG) coordinates the multitude of actors and agencies providing basic services to the Rohingya. Nonetheless, according to the ISCG, refugees lived in congested sites that were poorly equipped to handle the monsoon rains and cyclone seasons. While agencies have responded with significant efforts to move those most vulnerable, the shortage of land remains a central issue that hinders the ability of Rohingya to have access to basic services.
Public education, while mandatory as of 2010 through fifth grade throughout the country, remained a significant challenge for those children residing in the refugee camps and makeshift settlements. According to the ISCG, the education response since 2017 has focused on the provision of preprimary and primary education for refugee girls and boys and by September had reached a total of 139,444 children. There remained a significant gap for preprimary and primary-age children in the camps as well as inadequate coverage of adolescents between 15 to 24 years of age.
Government authorities did not allow registered or unregistered Rohingya formal and regular access to public health care. The health sector maintained information about all of the health facilities within the camps and the surrounding areas. There were 278 functional facilities known to the health sector, with a further 37 planned or under construction. Based on the data available, overall coverage met the minimum requirements.
The Rohingya in the country were legally or in fact stateless. They could not acquire citizenship, nor does the government of Burma recognize them as citizens.