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Protection in Protracted Refugee Situations : The case of Rohingya Refugees in Bangladesh
By Chiara Merritt – Visiting Researcher, BIGD, BRAC University, Bangladesh.
Protracted refugee situations present one of the most complex conundrums facing the global refugee regime. Protracted refugee situations give rise to specific legal and physical protection gaps such as arbitrary arrest, non-refoulement and sexual and gender-based violence. Through an analytical framework, this paper tries to explore what determines refugee protection in protracted refugee situations. The host state and international community’s responsibility, capacity and power are all presented as interlinking determinants.
The case of Rohingya refugees in Bangladesh, which the UNHCR highlighted as a protracted refugee situation that requires attention, is used to explore the question. Originating from Burma, the Rohingya are one of the most persecuted minorities in the world and some have been living in limbo in Bangladesh for over 30 years. The case highlights that the distinction between registered and unregistered refugees significantly affect their level of protection. It concludes that responsibility and capacity are only important determinants of refugee protection in protracted refugee situations when connected to power and political will, which is the most influential determinant.
The paper finds that the importance of host state’s power is more significant than assumed. It highlights the tension between international law and norms and the difficulty in finding an equilibrium between state sovereignty and universally expected adherence to human rights principles. It concludes that the international refugee regime must be strengthened so that the responsibilities set out in international law become a reality for refugees in protracted refugee situations. Furthermore, the international community must engage with and support host states to develop a positive perspective on protracted refugee situations and refugees in general.
Protracted refugee situations (PRS) are defined by the United Nations High Commissioner for Refugees (UNHCR) as situations in which refugees are suspended for 5 years or more without probable end to the situation in the foreseeable future.1 Currently, over half of the world’s refugees are reported to be in PRS averaging 20 years.2 Indeed, PRS are becoming the norm, with short-term humanitarian emergencies increasingly being seen as the exception.3 Of these refugees, over two thirds are hosted in developing countries, often living in both official and unofficial camps and in urban areas. In protracted refugee situations, the needs of refugees evolve from the emergency relief stage. Moreover, the international funding well has been running increasingly dry in PRS, with it not appearing at the forefront of international policy or media attention.
PRS present extreme policy challenges to both the host state and the international community in terms of how to resolve the situation, how to provide services, how to avoid security threats and how to protect those refugees suspended in limbo. It is this last challenge mentioned – how to protect refugees – that this piece of research aims to explore. The existing literature focuses on the how PRS can be resolved. However, it largely ignores the fact that many of these PRS have remained static for decades. The concerns that refugees in these situations face need to be addressed in the present, not the future. Therefore, addressing PRS as a human rights challenge, this research examines immediate protection concerns facing refugees in PRS.
For the purposes of this research, it will refer to refugee protection as both legal and physical protection. Legal protection will refer to refugee status determination, access to justice and to the adherence to principles of non-refoulement, that is the commitment that no refugee should be returned (unless voluntarily) to their country of origin where they face ‘threats to life or freedom’. Physical protection refers to protection from violence, trafficking and exploitation. The main actors this paper will focus on are the international community and the refugee hosting state.
