The Rohingya Refugee Crisis: A Time Bomb Waiting To Explode: Shamsul Bari
The Rohingya Refugee Crisis: A Time Bomb Waiting To Explode: Shamsul Bari
The Rohingya Refugee Crisis: A Time Bomb Waiting To Explode: Shamsul Bari
Shamsul Bari1
Nearly three years have passed since the influx of more than 700,000 Rohingya
refugees from Myanmar into Bangladesh began in August 2017, but there is still
no durable solution to their plight. Together with other Rohingya groups who
came to Bangladesh at different periods, these million plus refugees now con-
stitute world's largest single refugee population. The latest influx has comprised
victims of what the UN and other international observers have termed 'genocide'.
Bangladesh has so far managed to shelter the refugees with much difficulty and
great sacrifice. However, serious tensions have continued to mount in the over-
crowded camps, as have clashes with the local community. Unless Myanmar
facilitates voluntary repatriation of the refugees soon, the situation is likely to get
worse and engulf the whole region. Concerted international efforts are called for
to ensure voluntary repatriation of the refugees which is the only viable solution
for such large numbers.
Keywords
Refugees, genocide, voluntary repatriation, regional tension, international solidarity
Introduction
1
Research Initiatives, Bangladesh (RIB), Dhaka, Bangladesh and Former Director, UNHCR, Geneva,
Switzerland.
Corresponding author
Shamsul Bari, Research Initiatives, Bangladesh (RIB), House 7, Road 17, Block C, Banani, Dhaka 3474,
Bangladesh.
Email baris@citech-bd.com
2 / Shamsul Bari Social Change
Current Situation
Nearly three years on, however the plight of the refugees does not dominate
international headlines anymore. Like many other examples of human resilience
in coping with humanitarian calamities of such a huge magnitude, the refugees are
now ensconced in hundreds of densely populated refugee camps spread over a
large area bordering Myanmar. They continue to cope with the new realities of
their lives and mull over their uncertain future.
Despite admirable success in containing such a volatile situation, there is no
scope for complacency. Many signs of unrest have already manifested themselves
in the camps, foreboding more bad times to come. The atmosphere in the over-
crowded camps and the surrounding region is heating up for reasons not uncommon
to such situations. The hopelessness and frustrations of the refugees living under
such dire circumstances are the normal breeding grounds for tension and conflicts.
At the same time, the over-stretched hospitality of the local population has
begun to strain. Their complaints about refugee encroachments on their lives,
livelihoods and environment are getting louder and progressively more threatening.
As time passes, they will most certainly get worse. It is time, therefore, to look for
ways to resolve the underlying problems before they worsen further.
Clearly, the most urgent need is to inject some hope in the minds of the refugees
and the surrounding host population alike. Both must be assured that they are not
forgotten, and serious efforts are being made to resolve the crisis sooner than later.
Unless there is progress in that direction, darker and more ominous clouds will
continue to build up. In such an atmosphere, there will be no dearth of exploiters
to take advantage of the situation and make it worse. History is replete with
examples of such a nature.
The Rohingya Refugee Crisis / 3
can be taken to bring the goal of voluntary, dignified and sustainable return
closer. There has to be a recognition that the long-term repatriation is the only
practicable alternative to resolve the crisis at hand, and it must be pursued despite
all difficulties and for however long it may take to make it happen.
However, as the emergency phase drew to a close and the enormity of the task
became clear to everybody, Bangladesh had to decide on how to go about dealing
with a problem of such a complex nature and large magnitude, so It chose to take
matters in its own hands.
Bangladesh’s decision can be viewed in the context of the international
politics of the time. It had to consider the role the UN could play under the given
circumstances. It was well known that on the accountability issue, China and
Russia, the two permanent members of the UN Security Council, with a close
interest in Myanmar, were unwilling to refer the matter to a special international
crime’s tribunal or to the ICC. On the other hand, securing India’s help to generate
international support was also a non-starter because it too did not wish to burn
its bridges with Myanmar, with whom it had significant bilateral interests, as
a rival to China. Moreover, Bangladesh itself was not sure about pursuing the
accountability path in deference to its wish not to harm Myanmar’s civilian leader
Aung San Suu Kyi’s position vis a vis the Myanmar army.
Given this situation, there was little chance for the UN to succeed in making
Myanmar accept its culpability and undertake remedial measures to help resolve
the refugee crisis. The UN could, however, play other roles that it normally plays
in such crises. It could be an intermediary bringing Myanmar and Bangladesh
together to discuss challenges and identify ways of dealing with them, including
its own role. It could also bring them together with regional countries and the
international community as a whole in a spirit of international solidarity to resolve
the crisis. But this was undercut by Bangladesh’s decision to take the bilateral
path and deal with Myanmar directly. In the face of Bangladesh’s own initiatives,
any UN initiative had to take a back seat.
Bangladesh’s decision to choose the bilateral approach was also affected by
the impending general elections in the country, scheduled for the end of 2018.
The government wished to project an image to the electorate that there was no
reason for alarm about the presence of such a large number of refugees in the
country as the problem was going to be resolved through bilateral negotiations
with Myanmar. Among other things, it meant that the accountability approach to
bring international pressure and opprobrium on Myanmar had to be put on the
back burner. Pursuing accountability while negotiating for voluntary repatriation
could be counterproductive.
There were, of course, other reasons for Bangladesh to take the bilateral
course. As two close neighbours, inseparably linked by geography and history,
a cooperative approach to resolve the refugee crisis was ideally the best option.
The accountability and acrimonious approach would have soured the relationship,
created hostility, contributed to violence and be detrimental to the development
process of both the countries.
The bilateral approach led to negotiations between Bangladesh and Myanmar
which resulted in the voluntary repatriation agreement between the two, first
reached in November 2017 and later revised in October 2018. It is not clear
whether both the parties seriously believed in a quick implementation of the
agreement or whether it was a strategy to start the process, hoping that it would
progressively gather momentum.
The Rohingya Refugee Crisis / 7
It is now clear, however, that the strategy has not worked, and unless new life
is injected into the process, unrest in the camps will grow, with all its negative
consequences. To avert such a situation, there is, therefore, an urgent need for the
two neighbours to come together—this time with the help and support of the UN
and the international community—to develop a comprehensive long-term strategy.
The strategy should include clear-cut roles for all concerned, including Bangladesh,
Myanmar, the UN and the regional countries, including China and India.
would need to further improve the law and order situation within the camps. This
would benefit the protection needs of the refugees, especially vulnerable groups
such as women and children, and at the same time, help in preventing criminal
activities and potential radicalisation that could have a negative spillover effects
on the host communities and Bangladesh society as a whole.
In short, ensuring better facilities to the refugees in the camps and preparing
them for return could be a win-win situation for all. International appreciation of
continued generosity by Bangladesh is likely to garner continued international
support for the refugees in the country. A potential also exists for garnering
additional funds from the World Bank and the ADB for Bangladesh in support of
such projects.
While undertaking this onerous responsibility, Bangladesh will have to make it
clear to all concerned that its position on the care and maintenance of the refugees
in Bangladesh is premised upon the commitment of the UN and the international
community for continued support towards assistance and durable solution of the
refugees. A commitment of this nature will make it easier for Bangladesh to justify
to its citizens the need to persevere in harbouring the refugees in Bangladesh for
a longer period than anticipated, and to respect the principles of international
protection in their treatment.
Equipped with renewed international commitment, Bangladesh will have to
initiate fresh negotiations with Myanmar for a more comprehensive and clear-
cut plan of action (PoA) to make voluntary repatriation a reality. Elements of
such a PoA are discussed in the paragraphs below. It must be undertaken with the
close cooperation of the UN and in tandem with other bilateral and multilateral
initiatives to keep the subject alive in the international fora. Appointing a special
representative of the prime minister for the Rohingya issue, who would promote
the message all over the world in a relentless manner, would help. It would be
immensely useful if the prime minister could herself undertake visits to important
capitals to share Bangladesh’s concern with world leaders and brief them about
the dangers of inaction in this regard, as it did recently in China.
very seriously. On the contrary, one hears that they are treated primarily as an
exercise to stave off pressure from the international community. There appears to
be little inclination to address the structural challenges underpinning Rakhine’s
human rights crisis. This should be a matter of serious concern for all. Unless
genuine efforts are made towards transformative changes foreseen in the RAC
recommendations, refugees are unlikely to go back home and the attendant
problems will fester or even rise.
On freedom of movement, it is well known that the Rohingya population has
had to deal with a spectrum of barriers including formal, informal and social
restrictions. They include, local orders restricting movements, requirement of
travel authorisation, departure cards, registration for an overnight stay in another
township, passing through security checkpoints and so on. While formal barriers
may be resolved through policy changes and clear instructions to local-level
officials, removing informal and social barriers is far more difficult. It would be
important to give particular attention to this issue. Progress in this area will have
to be monitored on a regular basis by the two governments, with the participation
of the UN. The government is clearly reluctant to involve others in the matter, but
it must be made a sine qua non.
The recommendations include a mapping exercise to identify all existing
restrictions and actions to remove them. Clearly, a basic requirement of the returning
refugees would be the ability to move around freely in their areas of residence with
security protection, whenever and wherever needed. It will facilitate, among other
things, their access to healthcare, education and livelihoods. As such, freedom of
movement and access to services must, therefore, be addressed in tandem.
The recommendations also sought to delink freedom of movement from the
possession of National Verification Cards (NVCs) or citizenship documentation.
This is because it would otherwise restrict the movement of a much larger
population of Rohingyas who do not hold them. Any progress in this area will
have to be widely publicised.
The Commission also recommended that the lifting of restrictions of movement
must be accompanied by a clear communications strategy aimed at members of all
communities in Rakhine. An objective of this strategy is an increased interaction
between the two communities. There are other recommendations related to the rule
of law and the role of the police and the need for specialised police units for the
Rohingya population. They too are extremely important for confidence building.
On the citizenship issue, the RAC report underlined that the acceptance of the
NVC by the Rohingyas would largely depend on the government showing that it
is a clear path to citizenship. This will be facilitated if the verification process of
6,000 existing Rohingya NVC holders are completed as soon as possible. Progress
on this too should be widely publicised.
The more difficult issue relates to the situation of those who do not qualify for
citizenship under the 1982 Citizenship Law. The Commission recommended the
adoption of a policy consistent with international standards for citizenship and
permanent residency. This is clearly the key to the success of the exercise. It is
equally important to ensure that the process is voluntary and should not involve
any coercion. This will encourage greater willingness of the Rohingyas to agree
The Rohingya Refugee Crisis / 11
to verification. And, of course, it will be essential to ensure that the process takes
place in tandem with the delivery of humanitarian assistance to the returnees and
assurances of their security.
The implementation of RAC recommendations in other key areas will also
have an important bearing on the success of government’s efforts to create
conditions for the return of the refugees. They include a proper relocation of IDPs,
promotion of intercommunal dialogues, strengthening trust in the security sector,
closer relationship and interaction with Bangladesh. Some of these are reportedly
being implemented in some ways. Implementing the most critical ones will,
however, take a much longer time. An important indicator of the government’s
sincerity in this regard would be to watch the progress being made in resolving the
IDP situation.
As refugees in Bangladesh remain in close contact with the remaining
Rohingyas in Rakhine state, including in the IDP camps, improving the situation
particularly of this group, would be important to enhance the confidence of the
refugees to return. International involvement, through the UN and its affiliated
bodies, would be a good indication of the government’s intent. Moreover, as many
of the perpetrators of violence against the Rohingyas included local security forces,
reform of the security sector, for example by replacing local police and border-
guard forces by forces from other ethnic minorities in Myanmar, like Karen or
Shan, would also be important in infusing confidence among the refugees about
improvement of the security situation in Rakhine state.
Clearly, the tasks of the Myanmar government to implement the RAC
recommendations are daunting, given the long history of ethnic conflicts, political
upheavals and the difficult transition from half-a-century-long military rule to a
civilian government. While the international community should be understanding
of the enormous difficulties Myanmar has to face in implementing the RAC
recommendations, the government too must demonstrate its equal commitment to
both the development-based recommendations and the rights-based ones. Greater
emphasis on development at the cost of human rights will mean a continuation or
even an increase in social inequality and segregation in Rakhine state, negating
the objectives of the recommendations.
It will be easier for the international community to have faith in Myanmar’s
commitment to implement the RAC recommendations in all sincerity, more
concrete actions will be needed than mere pronouncements of the government.
An essential step would be to give the UN full access to areas of return of the
refugees. There is little meaningful progress in this regard. Even the adoption of
the tripartite MoU among the government, UNHCR and UNDP, and the formation
of Independent Commission of Enquiry (ICE) by the government appear to be
primarily aimed at relieving international pressure.
It is obvious that the restlessness among the refugees in Bangladesh camps,
which are on the rise, will continue to grow unless prospects for return increase.
Otherwise, more ominous developments will most certainly follow. The dangers
of radicalisation and its likely consequences for the entire region, which have
been alluded to earlier, require no further elucidation.
There are also other scenarios which are no less ominous. Frustrated, angry and
despondent refugees may begin to escape from the camps and move illegally to
12 / Shamsul Bari Social Change
neighbouring countries such as India, Nepal and others in the region and beyond.
The more desperate ones may take to rickety boats to undertake the perilous
journey across the sea to Malaysia, Thailand, Indonesia and farther on, as many
of their compatriots did not very long ago. Recurrence of scenes of shipwrecked
Rohingya women, men and children trying to stay afloat in the deep sea, seeking
to be rescued by passing ships, will once again raise international concern for the
plight of the refugees and shock the conscience of mankind.
Side by side, calls for accountability for the perpetrators of the atrocities, which
caused the refugee outflow, are likely to re-emerge. While Bangladesh has so far
been lukewarm to the idea, it will not be able to do so much longer.
The best alternative, therefore, for Myanmar, will be to work together with
Bangladesh for the return of the refugees and reduce tensions. A collaborative
effort might ease Myanmar’s tasks to implement the RAC recommendations
and show progress, however slow in the beginning. The two countries could set
a schedule to meet regularly to assess challenges and progress and undertake
corrective measures, as necessary. A closer relationship between the two countries
will be useful not only to pave the way to resolve the humanitarian crisis but
also to foster the closer economic relationship between them. The phenomenal
growth in the economy of Bangladesh in recent years could provide a spur to
complementary economic growth in Myanmar. A safer, more prosperous life for
people on both sides of the border is the best way to ensure that people can remain
peacefully in their homes and help their countries to develop. For this to happen,
the help of the two immediate neighbours in the region, India and China, would
be essential.
It is true that international pressure thus far has not altered Myanmar’s political
stance on the issue and there is no reason to believe that increased efforts will yield
better results given the fact that China and Russia are likely to remain opposed to
any punitive measures against Myanmar approved by the Security Council. But
the risks for failing to develop long-term strategies are formidable and they may
be disregarded only at the peril of the international community as a whole and the
region (especially India and China) in particular.
It has been rightly concluded by the ICG report on Myanmar of October 2018:
‘The status quo could morph in dangerous ways. If host communities or national
political sentiment in Bangladesh turns against the refugees, the government may
pressure them to return against their will’. The consequences of forced return need
no elaboration. Efforts towards voluntary repatriation must, therefore, continue.
To keep the rising tensions in the camps to manageable levels, it is also vital that
international donors are prepared to support the humanitarian operations for the
long haul and consider development support for the affected part of Bangladesh
to reduce the burden on local communities and the government.
UN’s efforts in Bangladesh must also be matched by determined efforts to
assist Myanmar to stabilise the situation in Rakhine state. It is important that the
lives and livelihoods of the Rohingyas and other Muslim communities who are
still there are made secure and no more exoduses take place. The foremost task
for the UN in this regard should be to assist Myanmar in implementing the RAC
recommendations. The UN Secretary General’s Special Envoy for Myanmar,
Swiss Diplomat Christine Schraner Burgener, could play a critical role in political
engagement with the Myanmar government. She has, reportedly, not been able to
make much headway in this regard so far but, in the present context of Myanmar, it
is not surprising. But her role remains vital. Her engagements with other relevant
players and regular reporting to the UN Security Council is equally important.
A strategic combination of continued Security Council scrutiny with sustained
diplomatic engagement on her part is likely to yield results in the long run.
Concluding Remarks
The Rohingya refugee crisis is a time bomb that must be defused swiftly. Any
future flare-up will have disastrous consequences for peace and security, not only
for Bangladesh and Myanmar but also for the region and the international
community as a whole. As voluntary repatriation is clearly the only solution for
such a large group of refugees, Bangladesh and Myanmar should work together,
with full support and cooperation of the international community, to implement a
plan of action based on the recommendations of the Kofi Anan Commission. This
must be undertaken with unwavering sincerity and determination. Despite the
seeming impossibility of the task and enormous hurdles to be crossed, there is
The Rohingya Refugee Crisis / 15
Funding
The author received no financial support for the research, authorship and/or publication
of this article.