Human Rights Investigation
Rohingyas outside camps: Absence of status makes them vulnerable
Udatta Bikash
Bangladesh has been hosting a large number of Rohingyas, a persecuted ethnic minority, who are Muslim, from the northern Rakhine State (formerly known as Arakan) of Myanmar. Historically, the Rohingya has been linked in terms of race, language and religion with native people in the greater Chittagong region.
There is no authentic data on how many Rohingyas are now in Bangladesh other than those who are in two official refugee camps in the district of Cox's Bazar. Some estimate predicts that their number is in between 100,000 and 300,000. In the two official refugee camps at Nayapara and Kutupalong there are now about 26,000 Rohingyas.
Recently, there has been a study on the Rohingyas staying outside the camps in Bangladesh with specific focus on their vulnerability to trafficking. The Dhaka-based South Asian Regional Office of the International Organisation for Migration (IOM) has commissioned the study. The study is interesting and deserves immediate attention of the authority concerned. The findings of the study have already been shared with relevant stakeholders including UN agencies.
The objective of the study is reportedly to understand the human trafficking situation in the Cox's Bazar with special focus on the displaced Rohingya population, and to explore the perception of the local community and expert-opinions with regard to designing anti-trafficking interventions.
The scope of the study includes collection of qualitative information, analyse dynamics of gender inequality, identify key factors and actors, identify vulnerable groups, overview of prevention, prosecution and protection situation, and recommending actions with regard to prevent trafficking.
Methodology includes Rapid Rural Appraisal (RRA), Focus Group Discussion (FGD), observation of the community situation, tea stall discussions, informal interview/meeting, and review of previous works.
The study area is Cox's Bazar Sadar, Ukhia and Tekhnaf. In addition, Dhaka has been included to cover the NGOs and INGOs as well as other national level civil society and policy actors working in the anti-trafficking area.
For the study, a total of 105 (15 male and 90 female) Rohingya community members, 27 representatives of NGO/INGO/professional groups, six elected public representatives and three government officials including the TNO of Tekhnaf and Officer-in-Charge of Tekhnaf Police Station were interviewed.
The study came up with some interesting findings which deserves immediate intervention by the Government of Bangladesh and international community including the development partners and UN agencies.
The study observes that the Rohingyas outside the camps are subjected to gross violations of human rights. A significant number of them are victims of trafficking as well. This is contributed by the absence of a formal legal status for them in Bangladesh.
It observes that the Rohingya population outside the camps who have been without proper legal status are forced into a livelihood struggle which makes them vulnerable to trafficking, pushes a section of them towards criminal activities and motivates them to acquire the citizenship and/or social recognition as Bangladeshi through illegal means.
The outline of the study, which was available to the writer, mentions that this vulnerable situation of the Rohingyas is contributed by the following factors:
*Absence of an official recognition;
*Exclusion from government's development and basic services;
*Exclusion from emergency support;
*Exclusion from NGO interventions;
*Exclusion from legal protection;
*Certain organised groups use Bangladesh as destination and transit for smuggling/ trafficking in persons to Middle Eastern countries, Malaysia, Japan and Thailand.
In addition there are some social vices in the Rohingya community: Chain of commercial sexual exploitation, fake marriage, fake proposal of work, abduction and allurement of migration to a third country, majority of girls and young women, prevalence of sexually transmitted infections (STI).
As mentioned, there exists no authentic statistics on the number of the Rohingyas living outside the camps. They are basically displaced population without registration and recognition as refugees. The people in Cox's Bazar have the perception that the number of these undocumented Rohingyas is increasing day by day, the study report mentions.
The study observes that majority of the Rohingyas in Bangladesh are displaced through a systematic process of ethnically targeted violence, discrimination and encroachment in the country of origin, Myanmar. However, there are new trends as well. Recently, there is an element of economic migration of the Rohingyas, the researcher points out. There is a continual process of entry, exit and amalgamation of Rohingya population with respect to Bangladesh as a destination and transit country.
In the study, absence of a formal recognition has been mentioned as one of the key factors responsible for undermining the human rights of the Rohingyas and making them more vulnerable to trafficking. However, the study does not come up with any number of trafficked victims. The Rohingyas living beyond the camps in most cases are forced to do so, in absence of a formal recognition of their status.
According to a reported agreement between the governments of Myanmar and Bangladesh, no Rohingya would be recognised as a refugee after the cut off date of May 1994. The UN Refugee Agency, UNHCR is also reportedly following this 'guideline' which is contrary to principle of international protection of refugees.
So, those of the undocumented Rohingyas who live outside the camps are subjected to acute economic exploitation and a very high level of livelihood insecurity. However, a section of the Rohingyas has left the official camps in pursuit of a better life outside, notes the study.
The other findings of the study are: the average size of the Rohingya family is 5.19 persons, number of female and male per household is respectively 2.81 and 2.38, daily income per household is Taka 73.38, per-capita daily income is Taka 15.15, lack of livelihood options, and forest resource extraction. This population is subjected to hard core poverty. Female-headed household is 33 percent. These (female-headed households) are much more vulnerable to the economic cause of trafficking in women and children, says the study.
In absence of a legal status, the Rohingyas look at "marriage" of the daughters (and sons) as a means of gaining social acceptance and protection. There is acceptance of multiple marriages. Dowry pressure is in practice. The adolescent girls and young women of the Rohingya households are at risk of trafficking through fake marriages, opines the study.
The study indicates that there should be specific interventions targeting the displaced Rohingyas living outside the camps. The issue of trafficking in Rohingyas cannot be treated in isolation; the issue should be addressed from the integrated and holistic community perspective, which should include both the nationals of Bangladesh and the Rohingyas.
The study says that there is a need of sensitisation of the hosting communities and NGO on the rights of the displaced population and refugees like the Rohingyas. The NGOs working in the area in general lack capacity and experience regarding anti-trafficking interventions beyond the scope of awareness raising, observes the researcher.
The study further goes on that the existing NGO interventions fail to recognise and address the special needs of the Rohingyas like their language, identity, insecurity as irregular entrants, lack of legal protection etc.
The initiatives of UN (only by UNHCR) have also been targeting only the Rohingyas living within the designated camps. There is a huge gap in between the interventions by NGOs and the government in the area of rescue, recovery and integration of the trafficked Rohingya women and children, the study observes.
The undocumented status of the Rohingya traffickers and lack of bi-lateral arrangement with Myanmar regarding extradition of criminals also restrict the scope of any investigation or prosecution.
The study indicates that there should be specific interventions targeting the displaced Rohingyas living outside the camps. This is because, the lack of legal status makes these Rohingya population more vulnerable to trafficking. The study put forward some recommendations, which include: (i) A well-defined and consistent policy for the Rohingya population living in Bangladesh, (ii) A form of legal status which will offer them a temporary stay and make them visible and accountable, (iii) Provision of emergency and developmental support on humanitarian ground, (iv) Specially designed awareness campaign targeting the Rohingya population and the hosting communities, (v) Sensitisation of the border security forces, police and the host community on the human rights of displaced people and refugees,
The study underscores the need of capacity building of the relevant government offices, law-enforcing agencies, border security forces, NGOs, community-based organisations, legal practitioners, locally elected bodies, religious and professional groups.
The study recommends that content of the awareness campaign should encompass the bigger issue of livelihood challenges and the rights of the displaced population and issue of safe migration, HIV and AIDS.
Initiatives should be taken to ensure alternative livelihood supports or livelihood means for the undocumented Rohingyas. The general capacity of the communities and agencies needs to be expanded in ensuring rights-based approach.
The study recommends that UN agencies, specifically IOM can bring in its capacity and experience to facilitate networking, awareness raising, community mobilisation and civil society consultation (both conceptual and referral) at different levels. The role should be focused on facilitation of capacity and coordination. The existing base of cooperation established by IOM with the government and NGOs can work as the initial base of this capacity facilitation and coordination process. It also underscores the need of inter-UN cooperation and coordination.
The study recommends for such a policy on the Rohingyas, which will ensure their existence in the local community with dignity and harmony before they have access to voluntary repatriation or resettlement to a third country. It further mentions that the policy should ensure that the concerns for the pull factors are adequately addressed. Along with the aim of resolving the issue of identity crisis and community level conflict, the issue of "refugee rights" and principle of "voluntary repatriation should be kept in focus in designing any policy framework. It emphasises for strict border control and law enforcement.
Here is a concern for this writer. As Bangladesh has no mechanism for receiving asylum applications and identifying those who are fleeing persecution and really in need of international protection as refugee, so strict border control might prevent a deserving one to enter into the country. However, if it is done on the basis of a well-designed system and legal framework, then it is all right.
The study recommends a dialogue among concerned governments, UN agencies and development partners to find a durable solution to the Rohingya problem in Bangladesh.
The writer is a researcher and practitioner specialising on legal and human rights issues.
