THE VOLUNTARY REPATRIATION OF ROHINGYA REFUGEES IS MADE POSSIBLE THROUGH EFFECTIVE MECHANISMS: A SOCIO-LEGAL ANALYSIS
Authors:   Additional District and Sessions Judge,District & Sessions Judges’ Court, Faridpur, Bangladesh, Dutta Ashok Kumar 
Published: October 2024

Bangladesh has been acting as a safe haven for the Rohingyas for the last four decades. They have taken shelter in Bangladesh from the persecution of the state and radical Buddhists from the neighboring country, Myanmar. 2,00,000 such Rohingya refugees came to Bangladesh in 1978. In the early 1990, another 50,000 arrived in Bangladesh because of the Myanmar military's anti-Rohingya campaign. Many of the Rohingyas who came to Bangladesh in these two phases went back to their home country, Myanmar, after spending days in various sufferings at different times. But many did not return. They are in Bangladesh. Bangladesh supports them. On August 25, 2017, the world witnessed a massive humanitarian crisis in Rakhine State, Myanmar. Uncountable people from the Rohingya community fled the violence in Rakhine State, their villages destroyed. It triggered an unprecedented influx of people crossing the border into neighboring Bangladesh. Within a few weeks, more than half a million people entered Bangladesh in search of safety and shelter. A severe humanitarian crisis was averted due to the generous support of the local Bangladeshi community and the multinational aid efforts led by the Government of Bangladesh. This large number of refugees is definitely a big burden for Bangladesh. At times, the government has to face various political pressures and security problems regarding these refugee camps. The government of Bangladesh is facing a multifaceted reality regarding these Rohingya refugees. Myanmar is reluctant to take these refugees back home. Considering the overall situation, it is very unlikely that Myanmar will take back the Rohingyas in the near future. I don't think Myanmar will take them back unless they are forced to. This problem is not going to be solved in a year or two. Myanmar's clamor for the return of refugees reinforces that belief. As mentioned at the outset, this problem for Bangladesh began four decades ago. It took almost four decades to solve this problem. However, due to the negative role of Myanmar for a long time, the problem has not been solved. In the context of Myanmar's negative role in taking back the Rohingya, it is said that the problem is long-term for Bangladesh. In 2017, Bangladesh had hoped to send back more Rohingyas this time. But in October that year, when the Rohingya did not stop coming to Bangladesh, Bangladesh initiated talks with Myanmar to send them back. Myanmar formed a joint working group in December after signing a memorandum of understanding with Bangladesh. The purpose was to coordinate the return of the Rohingyas to their state. Both sides committed to repatriate the Rohingyas to their state in a voluntary, safe and dignified manner. So far, however, no progress has been made. The two countries took the initiative to repatriate the Rohingyas in November 2018 and October 2019. Not a single Rohingya could be sent back to Myanmar through these two initiatives. Although they want to go back, the problem arises with the terms of return to their state. They want to say they will not go back to Myanmar unless the institutional discrimination against them is removed and the continuous persecution is stopped. Rohingya leaders set some preconditions for their return. These include officially recognizing that the Rohingya are a minority ethnic group in Myanmar; returning them to full citizenship; upholding the freedom of movement of the Rohingya community; and providing them with job opportunities in Rakhine State. They want a system where this is their last chance to become refugees. They don't want it to happen again. They want to return to Myanmar with full rights.