The People's University of Bangladesh

[[

Research Monograph
On
“The Status & Human Rights Protection of Stateless
Rohingyas: An Analytical Study Under International Law”

Submitted To:
Mir. Md. Moinul Hasan
Senior Resource Person
Department of Law & Justice
The People's University of Bangladesh

Submitted By:
Rogina Akter
ID: 19516511059
Batch: 16th
Program: LL.M
Department of Law & Justice
The People's University of Bangladesh

Date of Submission: 11th June, 2020

i
 Letter of Transmittal

To

Mir. Md. Moinul Hasan

Senior Resource Person
Department of Law & Justice
The People's University of Bangladesh

Subject: Submission of Research Monograph on “The Status & Human Rights

Protection of Stateless Rohingyas: An Analytical Study Under International Law”

Dear Sir,
I have the honour to state in the current semester we have a course named “The
Status & Human Rights Protection of Stateless Rohingyas: An Analytical Study
Under International Law” For completing this course the student of law 27 th Batch,
had given particular topic each of the student for their research work. My topic was
“The Status & Human Rights Protection of Stateless Rohingyas: An Analytical
Study Under International Law” Within short time I have tried my best to prepare
my study work property and conclusively. Now study work is complete of submission.
So I want prior permission to submit my research work to you.

May I therefore pray and hope that you would be kind enough to permit me to submit
my research monograph and oblige me thereby.

Sincerely Yours,

---------------------
Rogina Akter
ID: 19516511059
Batch: 16th
Program: LL.M
Department of Law & Justice
The People's University of Bangladesh

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 DECLARATION

I hereby do solemnly declare that the work presented in this thesis paper has been carried out
by me and has not been previously submitted to any other institution. The work I have
presented does not breach any copyright. I further undertake to indemnify the University
against any loss or damage arising from breach of the foregoing obligations.

-----------------------
Rogina Akter
ID: 19516511059
Batch: 16th
Program: LL.M
Department of Law & Justice
The People's University of Bangladesh

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 CERTIFICATION

This is to certify that the research monograph on: “The Status & Human Rights
Protection of Stateless Rohingyas: An Analytical Study Under International
Law” is done Rogina Akter partial fulfillment of the requirement for the degree of LL.M
from The People's University of Bangladesh. The dissertation has been carried out under my
guidance and is a record of the bona fide work carried out successfully.

--------------------------------------------------
Mir. Md. Moinul Hasan
Senior Resource Person
Department of Law & Justice
The People's University of Bangladesh

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 ACKNOWLEDGEMENTS

At first, I would like to thank Almighty Allah for his kindness on me in accomplishing the
report. I would like to express my deep sense of gratitude to my honorable and distinguished
supervisor Mir. Md. Moinul Hasan, Senior Resource Person, Department of Law & Justice
The People's University of Bangladesh, for his individual suggestions, valuable time,
important information and guidance during the study period that has greatly inspired me in
preparing this report successfully.
It could not possible to think all those people who have contributed for the preparation of this
report. Of course there are some very special names that cannot be forgotten. I am also
grateful to the Department of Law & Justice, The People's University of Bangladesh for
providing me such an opportunity to come closer to real situation.

Finally, I want to express my deep gratitude to my family members and all well wishers
whose enormous helps assisted me to complete this report.

------------------------------------
Rogina Akter
ID: 19516511059
Batch: 16th
Program: LL.M
Department of Law & Justice
The People's University of Bangladesh

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 Abstract

Western Myanmar is populated by Buddhist Rakhine and Muslim Rohingya people. On May
28 2012, a Buddhist Rakhine woman has been alleged raped and killed by three Muslim
Rohingya men. Consequently, on June 3, a group of Rakhine villagers assaulted a bus and
killed 10 Muslims on board. Since June 2012, deadly sectarian violence erupted in the
Rakhine State between the two ethnic groups, with an escalation of violence in October,
leaving 800,000 stateless Rohingya in the hands of the International Community. The
Government of Myanmar has long denied Rohingya the right to obtain citizenship. However,
apart from the limitation to the right to vote, many human rights violations have marked the
life of the Rohingya, such as limitations to freedom of movement, access to education, access
to employment, access to health and access to justice. Notwithstanding, who are the
Rohingya? Why are they considered stateless and how to protect their rights and address the
causes of the Myanmar discriminatory nationality law? This paper aims at developing an
understanding of the legal, political and social context in which the violence is taking place
and to advocate for the rights of the Rohingya people to be recognized as citizens of the
Union of Myanmar and therefore, fully enjoy human rights. A thorough analysis of the
relevant International, Regional and National legal instruments will be carried out, together
with a review of the grey literature from national and international NGOs, scholars and UN
agencies.

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 Table of Contents
SL. SUBJECT MATTER PAGE
NO. NO.

Title Page i

Letter of Submission ii

Declaration iii

Certification iv

Acknowledgements v
Executive Summary vi

CHAPTER ONE: INTRODUCTORY 1-3

1.1 Introduction 2

1.2 Objective of the research 3

1.3 Methodology of the research: 3

1.4 Limitation of the study 3

CHAPTER TWO: BACKGROUND OF THIS LAW 4-12

2.1 Who are the Rohingya? 6

2.2 Nationality Law and Causes of Statelessness 6

2.3 Laws relating to statelessness 6

2.4 UNHCR and responses to statelessness 7

2.5 The changing international context 7

2.6 Identification of statelessness 8

CHAPTER THREE : Diplomatic protection for the stateless 13-18

Rohingya The UN’s capability to defend citizens of the
world

3.1 Diplomatic protection for the stateless Rohingya 18

3.2 Resettling Rohingyas and international law 18

3.3 Protecting the Rights of Rohingya 19

23
3.4 Key Resources

CHAPTER FOUR: The Rohingya Refugees in 19-34

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 Bangladesh: A Vulnerable Group in Law and
Policy
4.1 Introduction 32

4.2 Definition of Refugee 33

4.3 International Instruments and Supportive Authority of 33

Refugees

4.4 Bangladesh and Refugee 34

4.5 Rohingya Refugees in Bangladesh 35

4.6 Beginning of the Journey of Rohingya to Bangladesh at 36

4.7 The Cause of Flight of Rohingyas from Myanmar 38

4.8 Refugees and National Security 38

4.9 Constitutional Provisions, Role of Judiciary & State Policy 39

CHAPTER FIVE: ROHINGYA MIGRATION: IS IT A 35-42

FUNCTION OF PERSECUTION

5.1 Historical Genesis of Rohingyas

5.2 Dimensions of injustices

. CHAPTER SIX: RECOMMENDATION & CONCLUSION 43-47

5.1 Recommendations 44

5.2 Conclusion 45

BIBLIOGRAPHY 47

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