Mission and Pastoral care to Garo Mirgrants in Dhaka city

 By Fr. Sudhir Jacob Gomes, OMI

Introduction       

            Today’s migration makes up the vastest movement of people of all times. In these last decades, the phenomenon, now involving about 200 million individuals, has turned into a structural reality of contemporary society. It is becoming an increasingly complex problem from the social, cultural, political, religious, economic and pastoral point of view.

            Every year, a huge number of people leave their homes and cross borders for various reasons. Some of them are migrants; some are asylum seekers and refugees. As of the end of 2005, the number of persons of concern to UNHCR globally is 20.8 million.

·         “8.4 million are refugees who have fled their countries due to civil wars and ethnic, tribal and religious violence and who cannot return home.

·         6.6 million are internally displaced persons – people forced to flee their homes, but who have not crossed a border, but moved to another place within the same country.

·         2.4 million are stateless people

·         1.6 million are returnees

·         773,000 are asylum seekers

·         960,000 are others of concern.” [1]

The geographical distribution of refugees is: Africa 2,571,500, Europe 1,965,800, America 564,300, Central and West Asia 2,467,300 and South East and Asia and the Pacific 825,600. [2]

            I have divided this paper into six chapters. In the first chapter I will basically speak about the definition of refugees, migrants and asylum seekers; their rights; kinds and reasons of migrants; and causes for the increase of refugee problems. In chapter two I will speak about legal status of illegal refugees, migrants and asylum seekers; refugees and the legal principle of non-refoulement; various violence episodes in refugee camps; and violence against refugee women. Chapter three will speak mainly about Bangladesh and its refugees and migrants and asylum seekers. Chapter four is about the positive and negative sides of refugees and migrants. Chapter five is about Biblical and Papal teaching and chapter six will speak about what is being done to defend the rights of refugees, migrants and asylum seekers; what more can be done; and finally my personal comments and conclusion.

 

 

CHAPTER ONE

1. What is Refugee Under International Law?

            Terminologically, the word “refugee” is connoted as a derivative of “refuge”. As such a “refugee” is considered to be a person taking refuge, in a foreign country, from religious or political persecution or from war, man made crisis or from natural calamities”. As an expert on Refugee Law, Goodwill Gill observed: “Refugee” means “a person who is in flight, seeking escape from conditions or personal circumstances found to be unendurable and this flight may be to freedom and safety or deprivation, grinding poverty or from natural disasters, earthquake, flood, drought or famine or from war or civil strife.” [3]      

According to Article 1 (A) of UNHCR of July 28,1951, a refugee is a person who “owing to a well–founded fear of persecution for reason of a) race, b) religion, c) nationality, d) membership of a particular social group, or e) political opinion, is outside the country of his/her nationality, and is unable to or, owing to such fear, is unwilling to avail himself/herself of the protection of that community, or who, not having a nationality and being outside the country of his/her formal habitual residence as a result of such events, is unable, or owing to such fear,  unwilling to return to it.” [4]

            Hathaway, a well-known refugee law scholar, identified six essential elements of the refugee convention definition: “1) alienation, 2) genuine risk, 3) serious harm, 4) failure of status protection, 5) ground for persecution, and 6) needs and deserves protection. However, the core obligation of the convention is ‘non-refoulement’, i.e. not sending someone into a situation of persecution (Article 33 (1), of the 1951 Refugee Convention).”[5]

            The 1951 Convention covered only those persons who have become refugees as a result of events occurring before 1 January 1951. After adoption of the convention new refugee situations had arisen throughout the world and it needed elaboration of the definition. Subsequently, Protocol Relating to the Status of Refugees of 1967 was adopted and by Article 1 the earlier definition was expanded. The term refugee was later on explained and elaborated by the 1969 Organization of Africa Unit (OAU) refugee Convention. The traditional definition of refugee is extended by the Cartagena Declaration (Latin America) on Refugees of 22 Nov. 1984 to include persons “who have fled their country because their lives, safely for freedom have been threatened by generalized violence, foreign aggression, internal conflicts, massive violations of human rights or other circumstances, which have seriously disturbed public order.” [6] The Asian-African Legal Consultative Committee defined a refugee in much the same terms as the 1951 Convention and the 1967 Protocol with the addition of “color” as a condition on which a well-founded fear of persecution could be based. [7]

Some countries of the world now define the term “refugee” in the way it is defined in the Convention, although they are not parties to the Convention, e .g. Bangladesh and India. Many state parties to the Convention use an even broader definition of refugees when they deal with practical problems. When confronting practical situations, the standards of international refugee law are applied by all states. This demonstrates the force of success in international law.

 

1.1 What is Persecution and Well-Founded Fear?

            Two phrases need to be noted in the definition of a refugee. The word “persecution” and the expression “well-founded fear” must be interpreted in their actual meaning. “Persecution must be a precondition of leaving his/her country and the government of the country of origin fails to protect that person from being persecuted. The word ‘persecution’ is applied in the context of international human rights law. Thus, for example, violation of the right to life, liberty and security and security of person, freedom from torture, or cruel, inhuman, or degrading treatment or punishment, freedom from slavery or servitude, recognition as a person before the law, freedom of thought, conscience or religion, freedom from arbitrary arrest and detention, freedom from arbitrary interference in privacy, home and family.”[8] The phrase “well-founded fear” of persecution implies that there must be adequate facts in actuality to justify the notion of fear. “Fear must be perceived as reasonable and mere statement of fear will not be sufficient. There must be subjective and objective grounds for constituting fear. It must not be imaginary, and fear must be perceived in the future and not to look at the past.” [9]

 

1.2 Who is not Refugee?

A person is not a refugee who has committed

a)      “a crime against peace, a war crime or a crime against humanity;

b)      a serious, common law crime (non-political crime) prior to admission to the country of asylum; or

c)      acts contrary to the purposes of the principles of the United Nations.”

      (Article 1 D, E, & F of the 1951 Convention).

1.3 Causes For Increase of Refugee Problems

            The refugee crisis is a world-wide issue and there are more refugees today than ever before and possibly an even larger number of internally-displaced persons (IDPs) in refugee-like conditions. “It is well-known that civilians, particularly women, children and elderly, make up the majority of casualties of internal armed conflicts. The carnage in the former Yugoslavia, Cambodia, Somalia and other internal conflicts provides graphic proof of war being waged against defenseless civilians.” [10] A further examination of the refugee figures gives cause for serious concern. If the number of armed conflicts in the world is on the increase, the number of refugees and displaced people is bound to increase dramatically. There is likely to be a significant increase in internally-displaced persons, relative to refugees. “Most of those fleeing wars are victims or potential victims of breaches of humanitarian law such as “ethnic cleansing,” systematic rape, reprisal attacks, or destruction of essential civilian infrastructure, rather than violations of individual human rights. In addition to that, natural calamities like tsunami, man made disaster, lack of fulfillment of basic necessities, e.g. shelter, medical facility, food and education, lack of resources, essential legal protection, lack of expertise to deal with the situation, sometimes forced recruitment as guerrilla, internal disturbances are also identified as causes in the matter.” [11]

2. Who Are Migrants?

            Migrants move from one country to another out of their own free will. They are normally not persecuted in their own countries. They normally do not lose the protection of the state of origin. Asylum seekers and refugees do not leave the country of origin of their own free will. They lose protection of law in their own countries. Thus economic migrants are not refugees. They are not entitled to the same treatment to which refugees are entitled. [12]

2.1 Reasons for Migration

Migration is a social-economic process that historically occurred across the globe. There are several reasons for migration and some of them deserve mention:

        a) “Economic and demographic factors.

b) Promotion of entrepreneurial skills

c) Employment opportunities thought or known to be available in foreign countries.

d) Civil wars, harassment or discrimination in the country where intending migrants live.”[13]

One thing must be made clear, that ordinarily people do not move from their home country unless there are compelling reasons to do so. Migrants to a foreign land face discrimination, alien culture, language and a different way of life. They live far away from their near or dear ones and their emotional strain is often stressful and deep.

 

2.2 Kinds of Migrants

Migrants are of three kinds:

a)“Contract workers.

      b) Permanent migrants and

c) Illegal or undocumented migrants.

            Contract workers and permanent migrants possess proper documentation from foreign countries. But illegal or undocumented migrants take the risk of migrating to another country without proper documents.”[14] Most of them are semi-skilled or unskilled, either lured by recruiting agents or prompted by their personal knowledge of someone known to them who is earning a lot of money in a foreign country.

            Illegal (undocumented) migrants travel without documents because there is an increasing demand from the private section for young workers in industrialized countries, in particular in low-paid dirty or dangerous jobs. A few unscrupulous agents continue to send them without proper procedures and such migrant workers fall into difficulties abroad as being “illegal immigrants”. Many take a risk to travel to another country without proper working permits, just because they heard some success stories of their friends in foreign countries. They do not have any idea what kind of jobs is available for them. They just take a gamble in their lives and often their journey has been penniless, often without food or drink for days together. [15]

 

3. Who Are Asylum Seekers?

The Universal Declaration of Human Rights states in Article 14 “everyone has the right to seek and to enjoy in other countries asylum from persecution.”[16] Granting of asylum is an act of State sovereignty and cannot give rise to legal objections by another State. Granting of asylum is considered a peaceful and humanitarian act under international refugee law. The cornerstone of international protection is that “an asylum seeker shall not be rejected at the frontier. He/she can’t be forcibly returned to his/her country. Not to be forcibly returned, non-refoulement, is a basic human right.”[17] When people flee their own country and seek sanctuary in a second state, they apply for “asylum” or the right to be recognized as bona fide refugees and the legal protection and material assistance that status implies. A person is treated as asylum seeker when his/her application for refugee status is under consideration. In many cases, persons are treated as asylum seekers who have not yet submitted their application. When all criterion of the definition of refugees under international law are fulfilled, he/she will be recognized as a refugee. [18]

4. Rights of Refugees, Migrants and Asylum Seekers

            All citizens are equal before law and are entitled to equal protection of law. Refugees, migrants & asylum seekers are also subject to law and deserve various rights to enjoy, they deserve-

a) “Right to life, liberty and security of person.

b) Right to seek and enjoy asylum.

c) Freedom from torture, or cruel, inhuman or degrading treatment or punishment.

d) Freedom from slavery or servitude.

e) Right to be recognized as a person before the law

f) Freedom of opinion and expression.

g) Freedom of thought, conscience and religion.

h) Freedom from arbitrary arrest and detention.

 i) Freedom from arbitrary interference in privacy, home and family.

j). Right to education.

k). Right to participate in the cultural life of a community.”[19]

 

The “General Human Rights Standard” set by the international human rights instruments is important-

• “To define issues and notions not covered by the refugee law.
• To understand notions covered but not explicitly defined by refugee law.
• To activate implementation machineries which are not available under refugee law.
• In situations where the Refugee Convention is not applicable.”[20]

        CHAPTER TWO

5. Legal Status of Illegal (Undocumented) Refugees, Migrants and Asylum Seekers

Article 3 of the 1948 Declaration provides that “everyone has the right to life, liberty and security of person.” The right to life leads migrants to work overseas since they can’t get employment in the country. Furthermore there are several ILO (International Labor Organization) Conventions and Recommendations that protect these migrant workers from being treated unjustly.

          “The 1949 Convention Concerning Migration for Employment provides a safety valve for them. ILO Conventions of 1962 and 1982 deal with social security entitlements. The fundamental human rights as enshrined in 1948 Universal Declaration of Human Rights and the workers’ rights under ILO are flouted in their employment conditions.” [21]

Although the ILO Conventions provide in establishing minimum standards for the treatment of all workers, most states do not apply the ILO standards to illegal migrants. The irony is that while these illegal migrants who are employed by foreign companies contribute to the productivity of the host countries, they have no protection under laws of host countries.

            “The provisions of the 1990 UN Convention on Protection of the Rights of All Migrant Workers and Members of their Families appear to be grossly violated. The Convention provides a framework of state responsibility and accountability as to how they deal and treat illegal migrants.” [22]

6. Refugees and the Legal Principle of Non-Refoulment (Rejection, No Return)

            In the context of refugee situation, the concept of non-refoulement is very important because no refugee or asylum seeker should be driven back from the country of refuge or asylum to any country where he/she is likely to face persecution or personal danger to life or security or torture. “The word ‘none-refoulement’ is derived from a French word “ refouler” which means to drive back.” [23]

            “Non-refoulement is to be distinguished from expulsion or deportation or forced removal. The expulsion or deportation occurs when a foreigner is found to be guilty of doing something against the interests of the state or has been a criminal fugitive from another country escaping justice. Non-refoulement is applicable to refugees or asylum seekers.”[24]

            The idea that a state ought not to return refugees to other states in certain circumstances is of recent origin. Only in the mid-nineteenth century the principle of non-extradition of political offenders began. At that time the principle of non-refoulement emerged because of popular support for those persons who fled their country of origin from despotic governments. The principle of non-refoulement has gained ground after the First World War (1914-1918). The period was remarkable for the very large number of refugees.

            Following the Second World War, a new era began for refugees. The 1951 UN Refugee Convention in its article 33 has incorporated the principle of non-refoulement and states; “ No contracting State shall expel or return (refouler) a refugee in any manner whatsoever to the frontier of territories where his life or freedom would be threatened on account of race, religion, nationality, membership of a particular social group or political opinion.”[25] The 1949 Geneva Convention on the Protection of Civilian Persons in Article 45, the 1969 OAU (Organization of African Unity) Convention Governing the Specific Aspects of Refugees in Article 2, the 1969 American Convention on Human Rights in Article 22, Article 3 of the 1948 Convention on Torture, The 1967 UN Declaration on Territorial Asylum, and the 1948 Cartagena Declaration endorsed the concept of non-refoulement and reiterated that the concept of non-refoulement is a corner stone of international protection for refugees. [26]

7. Violence Against Refugee Women `

            Violence is a common threat in the lives of the refugees and displaced people all over the world. War, torture and persecution provide the grim background to their plight, while displacement and exile often engender more violence. For women refugees, the situation can be even worse than it is for men. “Violence against women is closely connected to complex social conditions such as poverty, lack of education, gender inequality, child mortality, maternal ill-health and HIV/AIDS.”[27]

            The United Nations Population Fund has found that “violence kills as many women and girls between the ages of 15 and 44 as cancer; that worldwide, one in three women has been beaten, coerced into unwanted sexual relations, or abused; and that roughly 80 per cent of the 800,000 people trafficked across borders each year are women and girls. Violence against women is a pandemic, one that transcends the bounds of geography, race, culture, class and religion. When families are dispersed, communities broken and social networks destroyed, women and girls are even more vulnerable to this pandemic. Whether it is in large camps or in very poor areas, refugee women are especially at risk; they are constantly subject to violence, abuse and exploitation in many operations around the world. In addition to rape and sexual abuse, girls can be harassed and subject to violence as they go to school, collect firewood or go to work, as well as through traditional harmful practices and domestic violence.” [28]        

 

 

                               Chapter Three

             Bangladesh: Refugees, Migrants and Asylum Seekers

8. Refugees in Bangladesh

            During the War of Liberation in 1971, about ten million refugees fled from Bangladesh to neighbouring India to escape from the atrocities of Pakistan Army and their local collaborators.  They returned after the independence struggle, which took nine months.  “Within a month after the crackdown of the Pakistan Army on 25 March 1971, nearly a million refugees entered India. By the end of May, the average daily influx into India was over 100,000 and had reached a total of almost four million. By the end of 1971, figures provided by the Indian government to the United Nations indicated that this total had reached 10 million. Indian quickly announced that all refugees who had entered the country after 25 March 1971 would need to return Bangladesh by the end of February 1972.   This time frame seemed too optimistic, and providing transportation for the refugees raised huge operational difficulties. Nevertheless, within days of conclusion of hostilities, refugees began returning home on their own.”[29] Indeed some even returned while the fighting was still going on.

            To help refugees on their way back, “they were given food for the journey, medical assistance, and two weeks’ basic rations. Remarkably, by the end of February 1972, over nine million refugees had returned back to Bangladesh. The desire to return home had outweighed practical problems. On 25 March, the India government estimated that only 60,000 refugees remained in the country. By the end of May 1972, contributions for the repatriation operation, pledged to UNHCR as a result of an appeal launched that January, amounted to $14.2 million, of which $6.3 million was transferred to Bangladesh government to finance relief and rehabilitation projects for returnees.”[30]

            The independence of Bangladesh facilitated conditions for mass return of refugees. Although there were no major disputes as a result of their return, refugees encountered problems in managing means of supporting themselves. Once in Bangladesh, the refugees could pass through any of the 271 camps that were set up as transit points. The vast majority of refugees returned directly to their communities, however, without calling at registration offices in Indian camps or the Bangladeshi transit camps.[31]

On 28 August 1973, “the government of Bangladesh, India and Pakistan signed the New Delhi Agreement, which included provisions for simultaneous repatriation of three primary groups. These comprised Pakistani prisoners of war and civilian internees in India, all Bengalis in Pakistan and ‘a substantial number of ‘non-Bengalis’ residing in Bangladesh who had ‘opted for repatriation to Pakistan’. The ‘non-Bengalis’ were commonly referred to as Biharis, since a majority of them were Indian Muslims who originally came from the state of Bihar in India and who had come to East Pakistan (now Bangladesh) at the time of Partition in 1947.”[32]

             By the end of October 1973, “a huge air repatriation operation was under way with aircrafts loaned by East Germany, the Soviet Union and the United Kingdom. During November, there were six airplanes on mission duty, carrying an average of 1,200 people a day. By late January 1974, some 90,000 people had been transported from Pakistan to Bangladesh an over 44,000 from Bangladesh to Pakistan. By mid-February 1974, over 200,000 people had been repatriated under the terms of New Delhi Agreement. The implementation of the agreement played a role in Pakistan’s decision on 22 February 1974 to recognize Bangladesh. On July 1974, in agreement with the governments concerned, UNHCR phased out the repatriation, which began in the previous September. By this time, some 9,000 people had been transported by sea between Bangladesh and Pakistan and some 270,000 airlifted across the subcontinent. Those airlifted included some 166,000 Bengalis returning from Pakistan to Bangladesh and 104,000 non- Bengalis going back from Bangladesh to Pakistan. This was the largest emergency airlift of civilians ever organized.”[33]

            One of the unresolved issues at this time was the status and citizenship of Biharis who moved to East Pakistan at the time of partition in 1947. The problem still remains unresolved. Most of them spoke Urdu, which bound them to West Pakistan, but they fared relatively well in East Pakistan. During 1971, many Biharis joined the Pakistani militia or collaborated with Pakistan Army. As a result, after the surrender of Pakistan Army in mid-December 1971, the entire Bihari community faced the wrath of Bengali nationalism.[34]     Although Biharis were among those accepted by Pakistan under the August 1973 repatriation accord, Pakistan was slow in giving clearances. At a meeting of the foreign ministers of the three countries in New Delhi in April 1974, a new tripartite agreement on a second phase of repatriation was reached. More than 170,000 Biharis removed to Pakistan under the term of these agreements. But Pakistan interpreted the categories of ‘non-Bengalis’ set out in the agreement   restrictedly and did not take back all Biharis. In addition to this earlier movement, nearly 9,900 Biharis repatriated to Pakistan between 1977 and 1979 and further, 4,800 more of them in 1982. In 1993, Pakistan accepted 53 more Bihari families but then the process stopped.” [35]

            In 1999, over 238,400 Biharis were still living in 66 camps of Bangladesh with poor facilities. By this time many of them have been naturalized in the country but because their citizenship is still an unresolved issue, they continue to fact innumerable problems. 

            “Towards the end of 1970s, UNHCR became involved in a complex and controversial repatriation operation on the eastern border of Bangladesh. The operation involved Rohingyas, a Muslim minority from the Arakan State of largely Buddhist Myanmar who took refuge in Bangladesh. Almost immediately after Myanmar (Burma) gained independence in 1948, tension increased between Rohingyas and the local Rakhaian population in Arakan. The Burmese government claimed that the Rohingyas were relatively recent migrants from the Indian sub-continent.” [36]

“The Burmese constitution therefore did not include them among the indigenous groups qualifying for citizenship. This marginalized the Rohingyas and made it extremely difficult for them to gain access to basic social, educational and health services. In March 1978, due to widespread arrest and expulsions by the Burmese government, a large number of Rohingyas fled to Bangladesh. Estimates as to the actual numbers varied. The Bangladesh government claimed that the figure was more than 250,000, while the Burmese authorities put it at less than 150,000.”[37] The arrival of so many refugees put considerable pressure on densely populated Bangladesh and strained relation between the two countries. These pressures and the concern of the world’s Muslim countries over the Rohingya refugees led to appeal to the United Nations for assistance. Many of these refugees lived in pitiful conditions and the government of Bangladesh insisted that the country could not continue to provide them the shelter for an indefinite period. As a result, a large UN relief program coordinated by UNHCR was launched in May 1978. In all, 13 refugee camps were established. As the crisis eased, Myanmar and Bangladesh, neither of the two being a signatory to the 1951 UN Refugee Convention, sought a permanent solution to the refugee problem.[38]

            “A bilateral agreement between the two countries, to which UNHCR was not a party, was concluded in July 1978 to provide for the repatriation of Rohingyas. The refugees, however, did not want to return and they were reportedly involved in serious clashes with Bangladesh officials, resulting in hundreds of deaths. Deteriorating conditions of the camps, the arrest of a number of Rohingya leaders, and reduction in food rations later induced most refugees to go back. By the end of 1979, more than 180,000 had returned to Myanmar.” [39]

During 1991-1992, Bangladesh received a fresh influx of approximately 300,000 refugees from Myanmar. The exodus was triggered this time by a complex combination of political, social and economic factors and serious violation of human rights. The government of Bangladesh established 21 shelter camps for them in greater Cox’s Bazar.  “Thousands of Rohingyas again fled to Bangladesh in 1996 and 1997. The border forces of Bangladesh sent as many of them to Myanmar as they could, but the process was stopped after intervention by UNCHR, which took on itself the responsibility of handling the refugees and their repatriation. Around 200,000 of them returned by December 1999 but according to some estimates about 22,000 still are remaining in Bangladesh”[40]waiting in 17 refugee camps in greater Cox’s Bazar for repatriation. 

In addition in 1997, Bangladesh has received back 93,861 Chakmas, who had taken refuge in the Indian state of Tripura during the years of conflict in the Chittagong Hill Tracts. “Exact population figures are lacking but the most reliable estimates put their number at 140,000 in 1956and 230,000 in 1981. According to the 1991 population census, there were about 253,000 Chakmas. They are concentrated in the central and northern parts of the Chittagong Hill Tracts where they live amidst several other ethnic groups. More than 90 percent of them are concentrated in Rangamati and Khagrachhari district. About 100,000 Chakmas also live in India, particularly in the states of Arunachal, Mizoram and Tripura. Small group has settled in other countries as well.”[41]

            In February and March 1998, 5,000 Paharias comprising 1,200 families were reported to have entered Bangladesh from Arakan and Mizoram. Another 18,000 were entered Lama and Ali Kadam thanas under Bandarban district. The chairman and member of Shabrang Union have objected to the settlement of refugee in their union. The government has reportedly decided not to provide sanctuary to refugees coming in from Arakan and Mizoram.

At the end of 2005, there were a total of 9.2 million refugees worldwide, which is less than the number of Bangladeshi refugees who fled in 1971. So the people of Bangladesh have firsthand experience of being refugees themselves and the history of the Liberation War will help the Bangladeshi people to realize the plight of the refugees. Bangladesh is a member of the UNHCR’s Executive Committee, which provides guidance to UNHCR on how to engage in refugee issues worldwide. In Bangladesh, UNHCR works and engages with the government. It also advocates refugee issues with academics, the Bar Council and civil society organizations.[42]

8.1 Stateless Persons

            The “Stranded Pakistanis” refers to persons who opted for Pakistan in 1972, after the conclusion of the war. They remained in Bangladesh as stateless persons, because Pakistan did not take them back. “The issue of repatriation was raised in bilateral talks with the Pakistani Prime Minister during a business summit held in Dhaka on 15 January 1998. In a subsequent meeting with the Stranded Pakistanis’ General Repatriation Committee (SPGRC), the Pakistani Prime Minister promised to restart repatriation as soon as possible. An international organization, Rabita al Alam al Islami, had earlier offered to solicit funds and it was reported that, over the next three months, 932 families would be repatriated to Pakistan.” [43] In a change from previous years, the SPGRC appealed to the Government of Bangladesh to grant citizenship to stateless persons. It is argued that in the 26 years that elapsed following the war, the new generation, which has come of age want to remain in Bangladesh, they have no affiliation with Pakistan and are ignorant of Urdu.[44] According to a 1992 census, there are about 2,38,400 stranded Pakistanis in 66 camps in 13 districts in Bangladesh.

8.2 Application for Asylum

            A small number of Iranian, Afghan, Sri Lankan and Sierra Leones and other nationalities have also sought refuge in Bangladesh. Applications for asylum have been submitted by different nationals and sixteen claims have been recognized while twenty remain pending with the Ministry of Home Affairs. “Xin Zhou, a Chinese national, was arrested in front of the Chinese Embassy in Dhaka on 2 September 1995, because he shouted pro-democracy slogans. He was tried and convicted of having committed an offence under the Foreigner’s Act and sentenced to one year and ten months imprisonment. In 1998, Ain O Salish Kendra (ASK) filed a criminal miscellaneous petition in the High Court Division challenging Xin Zhou’s continued detention in Dhaka central Jail for three years after he had completed his sentence. His application for refugee status was granted by UNHCR on 17 September 1998. Xin Zhou was subsequently released from jail by order of the government.”  [45]

            Anup Chetia, an Indian national, applied for asylum to Bangladesh government in June 2006 due to political reason.   But his application was not recognized. Anup Chetia who was a “Secretary General of the United Liberation Front of Assam (ULFA) was once arrested on Dec.21, 1997 and charged with illegal entry and possession of foreign money, arms and four passports. Two associates were also arrested. A writ petition was moved on his behalf to prevent extradition, since he was leading the liberation struggle of the Assamese people and has been charged with treason in India. But his petition was dismissed on the grounds that it was premature and the petitioner had no locus standi. A new petition to the Supreme Court was submitted on Feb. 25, 1998, but the Supreme Court also rejected the second petition.[46]”  

   

9. Refugee Law and Practice in Bangladesh

            In Bangladesh the refugee issue is not serious if viewed in a global context. It is in fact a small humanitarian issue which can be resolved if all were to work together. I feel that we need politicians to lend their voices to bring this issue to the Bangladeshi people and to parliament. UNHCR cannot tackle this alone. We need all the help we can get, including the support of human rights organizations and civil society. We all together can persuade the Government to accede to the 1951 Convention relating to the state of refugees and its 1967 Protocol and adoption of national legislation on refugees and become the part of the family of some 146 states who have done so. [47]

            UNHCR in Bangladesh initiated an awareness-raising program for law students on Refugee Law and refugees’ right. With this view, the UN refugee agency has been expanding its relation and collaboration with different UN government and non-government agencies, academic and research institutes. As part of the promotional activities, the UN Refugee Agency has been conducting training on Refugee Law for the lawyers in Dhaka and Cox’s Bazar, through the Bangladesh Bar Council for the last eight years. So far, about 550 lawyers have been trained. It has also initiated training programs for journalists on refugees’ rights and the role of the media.

            So far, three universities in Dhaka have introduced Refugee Law at the graduate or under-graduate level with support from UNHCR. A few other law schools and departments introduced Refugee Law as an independent course. Among them, the Department   of Law   at the Southeast University and the Human Rights Summer School in Dhaka are mentionable.

            Being commissioned by UNHCR, renowned scholar Dr.Borhan Uddin Khan conducted a study on the theme “Refugee Law and Practice in Bangladesh.” It is now at the final stage. Another book entitled “Refugee Protection: A Guide to International Refugee Law” has been published by the Refugee and Migratory Movements Research Unit (RMMRU) with UNHCR’s support. [48]

            “UNHCR’s major implementing and operational partners in Bangladesh are the Ministry of Foreign Affairs, Ministry of Food and Disaster Management, Ministry of Home Affairs, Office of the Civil Surgeon in Cox’s Bazar under the Ministry of Health, Department of Public Health Engineering, World Food Program, Bangladesh Red Crescent Society, Dhaka Ahsania Mission, Bangladesh Bar Council, Refugee and Migratory Movements Research Unit, Bangladesh Legal Aid Service Trust (BLAST), etc.” [49]

            Although Bangladesh has been hosting refugees for more than a decade, however, it is not a party to the 1951 Refugee Convention on the Status of the Refugees or to its 1967 Protocol. There is a consensus among the jurists, experts, academicians and human right activists that Bangladesh should accede to the 1951 Refugee Convention and its 1967 Protocol and adopt a national legislation on asylum and refugee issues. [50]

          

10. Refugee Rights in Bangladesh Constitution

            Like other South Asian States, Bangladesh is neither a State Party to the 1951 Convention nor its 1967 Protocol. It also does not have any domestic or national law which covers the issue of asylum seekers and refugees. In practice, “foreigners, irrespective of asylum seekers or simply visitors are treated here under some age-old laws (e.g. the Foreigners Act, 1946; Registration of Foreigners Act, 1939; Passport Act, 1920; Bangladesh Citizenship (Temporary Provisions) Order, 1972; Extradition Act, 1974; Naturalization Act, 1926, etc.),” [51] which are inadequate to meet the needs of the time.

            However, Bangladesh is a State Party to major international human rights instruments. Among them the significant ones are “the Universal Declaration of Human Rights (UDHR); International Covenant on Civil and Political Rights; International Covenant on Economic, Social and Cultural Rights; Convention on the Rights of the Child (CRC); Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); Convention Against Torture, etc. [52] Several provisions of all these international instruments oblige a State party to provide protection for asylum seekers and refugees. The country is also committed to the principle of non-refoulement, being party to the above-mentioned instruments

            The Constitution of Bangladesh is a written and rigid constitution. It gives some justifiable fundamental human rights. These rights are enlisted in part III of the Constitution with a vision to ensure equality before law. We have as many as 18 fundamental rights, of which some are applicable to non-citizens also. These include:

a).“Right to protection of law (Article 31)

b). Right to life and personal liberty (Article 32)

c). Safeguard as to arrest and detention (Article 33)

d). Prohibition of forced labor (Article 34)

e). Protection in respect of trial and punishment (Article 35)

f). Right to enforce fundamental rights (Article 44).”[53]

            From the above, it reveals that although refugees are non-citizens in our country, however, they are entitled to enjoy some fundamental rights within the ambit of the Constitution: Article 31 gives citizens a constitutional guarantee that they will enjoy the protection of law and to be treated in accordance with law and this is his inalienable right. The Government of Bangladesh passed the Legal Aid Act, 2000 (Act 6 of 2000) for helping the poor litigants of our country. If the refugees be litigants in any litigation, in appropriate cases, they can take the advantages of the said Act and get justice.  [54]  

            However, according to different reports, the scope for the refugees to get justice here in Bangladesh is limited. There are some criticisms regarding serious omissions and major departure from customary international and international humanitarian laws by the authorities in dealing with the refugees. In some cases, potential asylum seekers were barred from entering the country. In other cases, those enjoying refugee status were subjected to improper treatment in camps, which include torture, arbitrary arrest, detention, seizure of family records and personal documents and splitting of families, by the authority. The issue has also been raised at international levels. Over the years, UNHCR has intervened on several occasions with the authorities to stop forced repatriation. We have no comprehensive and proper legislation to deal with the refugee issue. So, there is a need for adoption of a proper legislation for the protection and management of the asylum and refugee issue in the country. [55]

 

11. Camp Refugees in Bangladesh  

From the Northern Rakhine State in Myanmar

“2955 families

21,255 persons

Male: 10,498

Female: 10, 757

Population of the years from

0-4: 4415

5-17 years: 8,053

Urban Refugees:

From Myanmar, Iran, Somalia, Sierra Leone

77 families

159 persons.” [56]

            The government maintains two camps at Nayapara and Kutapalong in Cox’s Bazar with UNHCR financial support. “NGOs are assisting with thirty schools in both camps where 2,488 Rohingya children were enrolled. Only 32 per cent were girls. Basic utilities were also scarce with the user ratio for latrines at 1:22 in Kutapalong and 1:19 in Nayapara and for baths at 1:130 in Kutapalong and 1:37 in Nayapara, and for garbage pits 1:90 in Kutapalong and 1:31 in Nayapara. Unhygienic conditions often lead to conflict and violence amongst refugees. Several non-government agencies provided support in health care, training for teachers and other facilities to the refugees.”[57] In addition, academic and professional organizations arranged some training for management personnel and law-enforcement agencies.

 

 

12.Various Violence Episodes in Refugee Camps

                        Burma’s forgotten Rohingyas living in Bangladeshi camps in Cox’s Bazar have been called one of the world’s most persecuted people. Some argue that they are also one of the most forgotten. 

Mike Thompson in an article in the Star Weekend Magazine speaks of the situation in a refugee camp. He says that in a camp in Kutupalong, near the town of Cox’s Bazar, Bangladesh, up to 16 refugees live in a room that is little more than three meters square. One young mother described conditions there: “It is very painful to stay in a tiny place like this. The food given to me is not enough for my family. The local villagers are not friendly to us. We do not dare go out of the camp in case the villagers beat us.” Another woman in her mid-30’s showed him a bullet mark just above her waist and said, “They shot me 17 months ago; it was the police that did it. And they tortured me.” She went on to explain that it happened when refugees in the camp protested about efforts by the Bangladesh government to send them back to Burma.

Rohingya people said that when they fled here back in 1992 they believed they were coming to a fellow Muslim nation that would welcome them. But, one man insisted, they were not wanted in Burma, and they were not wanted by Bangladesh either. “This country is like Burma. We are persecuted here just like we were persecuted there. We are like a football being kicked from one to the other. We have nothing; we are disabled people like slaves. We cannot work because our hands and feet are cut off. If we do not get permission to travel we are sent to jail. We are really like slaves here and there too,” said the man. [58]     

To avoid being sent back, many refugees tried to leave the camps and merge with the local population. Several cases were reported of refugees fleeing from the camps and settling in nearby locations. In February 1998, 250 Rohingya families traced in St Martins’ Island were ousted from the island by the coastal guard of Bangladesh. In September 1998, a group of eighteen Rohingya women and children from Myanmar who had been detained while visiting Dhaka and subsequently held in “safe” custody in Dhaka Central Jail were admitted to Kutupalong refugee camp by the government on humanitarian grounds. [59]

12.1 Social Unrest

 The presence of a large number of refugees living in unsettled conditions, without viable work inevitably creates social unrest. Skirmishes amongst individual refugees or groups took place frequently over the distribution of goods or amongst smugglers. A few cases of kidnapping, beating and rape were also reported. “In July, UNHCR filed a complaint of rape of a young girl in the forest. In another case, a 10-year-old girl, who was raped in Nayapara camp, failed to identify the rapist. She was moved to Katapalong camp to stay with her father and sister, but her mother remained in Nayapara camp.” [60]

            The movement of refugees outside the camp, their smuggling operations, use of arms, etc., has been reported as the cause of conflicts with the local population. In March, villagers to the north of the camps accused the refugees of various crimes and acts of lawlessness, and threatened to block access for UNHCR and Medecins sans Frontieres personnel into the camps. [61]

The responsibility for law and order in two camps at Kutapalong and Nayapara rests with the police and the BDR. On 4 September 2004, eight full-time Police Observation Posts were opened to observe movements in the two camps.

            “The situation in the camps has remained restive and, at times, armed Rohingyas have prevented the administration from entering the premises. The reasons given for their violence are said to be political, such as their resistance to involuntary repatriation, but it is alleged that some smuggling gangs have also engaged in fights. At least two militant organizations- The Rohingya Solidarity Organization and the Arakan Islamic Repatriation Front- have been reportedly recruiting refugees. At Nayapara, the Rohingyas were supposed to have set up cells where they detained and punished those who want to return to their homes. Many refugees have been unwilling to go because of conditions in Myanmar including economic hardship, forced relocation, land confiscation, forced labour and extortion. On 12 February 2005, an armed group prevented two Rohingyas from leaving for Myanmar. They were allegedly locked in a torture chamber.” [62]

            Serious cases of violence occurred when militant groups prevented the police from entering the camps. Clashes took place between the refugees and Ansars and even with the police. After a gunfight with the Ansars at Nayapara, in January, the refugees put up a bamboo fence to block entry. In another clash with the police, at Katapalong a refugee was killed. Order was restored on 1 March 1998 after nine days of violence, during which militants prevented distribution of food and set fire to several feeding centres and schools. Police action led to arrests of over a hundred militants and to the death of one refugee.

On 24 September 1998, a clash took place with the police over the arrest of a terrorist involved in smuggling. One person was killed and 30 persons, including five police, were injured. In another clash within the same month, eight police and 100 Rohingyas were injured and 25 Rohingyas arrested.

According to UNHCR’s information, as of 31 December 1998, “there were 213 refugees in jail, many of them arrested during the year on charges of rioting, unlawful assembly, illegal entry, possession of arms, rape or smuggling. They were detained in Bandarban, Cox’s Bazar and Rangamati jails.” [63]

13.  Bangladeshi Migrants and Demand for Young Workers 

“Bangladesh, with an area of 147,570 sq. km. is overwhelmingly overpopulated, with 130 million people. The labor force constitutes 33.8 million men, 20.8 million women and 6.5 million children, with a very high ratio of unskilled and unemployed. Less than half of its population is said to live below poverty level. A high rate of unemployment and the demand for foreign exchange has led to government policies to promote migration of workers to labor deficit countries.”[64]    

            The oil-boom in the Middle East changed the societal habits of the people in those countries. They were reluctant to undertake manual work. A demand for foreign workers grew. The flow of contact migrants from Bangladesh commenced in the mid-70’s. The majority of Bangladesh contractual workers went to the Middle East, as the oil-rich countries wanted cheap labor from South Asia. It is believed that a few Arab countries gave preference to Muslim workers and as a result a steady increase continued in Saudi Arabia, Iraq, Qatar, United Arab Emirates, Oman, Bahrain and Kuwait from the 70’s until this day. It is estimated that the largest number of workers went to Saudi Arabia, followed by United Arab Emirates (UAE) in the Middle East. [65]

            The Bangladeshi migrant workers in the past were mainly men.  About 80% had less than higher secondary school education. About 40% appear to be unskilled. Today, although numerous situations of this nature still exist, female emigration tends to become more and more autonomous. Today, women also cross the border of their homeland alone in search of work in another country. Indeed, it often happens that the migrant women become the principle source of income for their families. “A study of labor migration from Bangladesh to the Middle East was undertaken by the World Bank in 1981. It is reported that thousands of Bangladeshi undocumented migrants are working abroad as illegal immigrants. They have been allowed to live without the dignity and worth of a human person just because they work without proper legal documents. It is noted that they contribute significantly to the economy of the country through their hard work.” [66]

Employment Of Bangladeshis Abroad

By Profession	1996	1997	1998	1999	2000
Professionals	3188	3797	9574	8045	10669
Skilled	64301	65211	747118	98449	99606
Semi-skilled	34689	193558	51590	44947	26461
Unskilled	109536	118511	131785	116741	85950
Total	211714	381077	267667	268182	222686

Source: Bureau of Manpower, Employment and Training. [67]       

 

 

Overseas Employment

Sl. No	Name of Country	Total Bangladeshis worker working abroad up to Nov’05
1	2	3

 

1.                     Afghanistan                          407

2.                     Australia                              5000

3.                     Bahrain                              73881

4.                     Azerbaijan                            140

5.                     Brunei                              10982

6.                     Cyprus                                  858

7.                     Egypt                                   503

8.                     Germany                            6929

9.                     Greece                              10004

10.                   Indonesia                             303

11.                   Iran                                     9584

12.                   Ireland                                  374

13                    Italy                                  46456

14.                   Japan                                10152

15.                   Jordan                                          21237

16.                   Korea (South)                  18036

17.                   Kuwait                                       272780

18.                   Lebanon                           10010

19.                   Libya                                14298

20.                   Malaysia                         115348

21.                   Maldives                            5959

22.                   Mauritius                            2583

23.                   Madagascar                          637

24.                   Netherlands                          503

25.                   Namibia                                469

26.                   Oman                             139043

27.                   Palau                                    240

28.                   Qatar                                63297

29.                   Saudi Arabia                1435116

30.                   Singapore                        66183

31.                   Sudan                                   887

32.                   U.A.E.                            437881

33.                   U.S.A.                            250050

34.                   UK.                                354797

35.                   Other Countries               16086

        Total   = 3,401,499

 Source: Bureau of Manpower, Employment and Training. [68]

 

13.1 Bangladeshi Migrant Workers, Misled and Exploited

            “We are poor and we have failed economic policies, we are unable to provide jobs to the one million people who come into the job market every year. With 250,000 flying out every year as temporary migrants both men and women. We are avoiding a social explosion and at the same time receiving irreplaceable foreign exchange.” [69]  Thousands of others are crossing over to India. For they have to survive. The majority of these migrants are poor, badly educated, and   unaware of their rights or their future. They need their government and their political class to ensure that their rights are being protected in the Middle East and Far East. Because no policy has been devised for their protection overseas. These poor and uneducated migrants are easily misled and exploited. In our home country some recruiting agencies give them false travel documents and in receiving countries employment agencies give them false work papers or employers retain their permits which forces them to become undocumented and subject to deportation. Embassy and immigration officials have not been supportive. Amongst other charges, migrant workers are expected to contribute to a worker’s welfare fund. Migrant workers need to see that their government regulates the recruitment agencies and stop the abuse of cheating and overcharging for “visa and other fees.” On their return, the government and private sector need to set up a process of re-entry and re-integration into society.[70] The problems of migrant women are spoken of in a later section

 

 

Recruitment of Migrant Workers by Different Agencies

(1996 – 2001) 

Year	BMET (Bureau of Manpower Employment and Training)	BOESL (Bangladesh Overseas Employment Service Limited)	Recruiting Agent	Individual Agent
1966 1997 1998 1999 2000 2001 Total	0 15 0 0 1 0 16	398 335 419 309 524 149 2134	118,670 235793 85,300 110,669 91,475 76,669 718576	90,846 144,934 181,948 157,204 130,686 112,147 817,765

Source: BMET (Bureau of Manpower Employment and Training) [71]

 

13.2 Violation of Rights of Migrant Workers and Their Problems Abroad

            Migrant workers from Bangladesh become vulnerable to racist and discriminatory state policies of many hosts countries because of the absence of bilateral agreements between the Bangladesh government and receiving countries. They are exploited in terms of wages, job security, work conditions, access to social welfare services, and religion. Today in some countries as a result of bombing by Muslim fanatics, there is an upsurge of discrimination based on religion. 

13.2.1 Stranded in Foreign Countries

            Over the year, a number of newspaper reports have narrated stories of detained or stranded migrant workers. In many instances they were victims of fraudulent recruiting agents, employers and others. It is now well-established that workers are sometimes sent abroad with false documents. It is alleged that a number of agents and concerned officials at the airport encourage and abet such illegal practice. In many cases when these migrant workers seek the help of Bangladesh missions or when they are apprehended in the host countries the missions overseas express their inability, pointing to the workers’ irregular status. In many instances, Bangladeshi migrants cannot return home. 

`13.2.2 Bangladeshis Abandoned on Philippine Island

“Some 48 Bangladeshis in 2001 were abandoned on a remote southern Philippine island after being promised jobs in Japan.” [72] A Philippino labor recruiter had promised employment in Japan but apparently duped the group. The job-seekers sought the help of local villagers at the end of a two-month journey that took them to Manila. Immigration officials said the group would be deported back to Bangladesh.  

 13.2.3 Bangladeshi Workers in Brunei

The Daily Star reported on 18 May 2001, that several hundred Bangladeshi migrant workers in Brunei Dars Salam were forced to accept an unfair payback deal because of negotiations conducted by a recruiting agent. Out of a US $220 a month pay package, $100 was deducted. Seri Pertamas Garment Factory explained that the deduction followed an agreement with the Bangladeshi recruiting agent, according to which each worker had to pay the agent a substantial portion of the monthly salary.

13.2.4 Malaysian Ban on Bangladeshi Migrant Workers

Malaysian Government had stopped recruitment of Bangladeshi workers in Malaysia for a long time.  “Malaysian officials reportedly justified the ban because of the consistence influx of undocumented Bangladeshi migrant workers and social unrest, which was attributed to migrants marrying local women. Official sources claimed that about 1000 Bangladeshi workers were detained in Malaysian camps in 1998. However a press report indicated that a higher number of approximately 3000 undocumented Bangladeshis in detention camps faced deportation by December 1998.” [73]

             The Bangladeshi migrant workers in Malaysia were besieged with uncertainties. The Malaysian government had already warned that mass deportation of undocumented migrants workers in Malaysia would be carried out. In 2002, some 350,000 migrant workers were deported from Sabah Malaysia and among them many were Bangladeshi migrants. The deportees were badly neglected, resulting in the deaths of 5, and thousands of others starving and suffering various diseases. It is these migrant workers that the Malaysian government is targeting in its latest arrest and expulsion drive. In 2001, Bangladeshis without work permits were found undergoing forced labor in camps owned by private merchants. They could exploit the migrant workers because of the fear of deportation.  The cases they face are serious and require immediate attention.[74] Now, in September 2006, Malaysia has started again to recruit Bangladeshi workers.   

13.2.5 Trafficked to the Middle East

 “Beauty Begum, wife of Moslem from Charsibili, Bhola and their two children, six year old Ismail and four year old Emran, agreed to pay a fellow villager, Alamgir Taka, 160,000 thousand in 1998 to take them to the Middle East, on the understanding that they could collectively earn as much as 1,500 dirhams a month.” [75] The husband sold off his land and house and paid Alamgir Taka 80,000. He signed an official bond to repay the balance in installments. “In 3 November 1998, on the family’s arrival at Dubai airport, they were whisked away and confined in a place guarded by two men. During the first five days, seven Arabic speaking peopel came to see the children. The family was taken to Mohammad Sayeed’s house in Maliha. One day, six year old Ismail was taken away even though the mother requested them not to. The men told the family that they would receive 600 dirhams when both boys learnt to be camel jockeys. About two months later, Emran, the younger son, was also taken away. Beauty Begum accused Mohammad Sayeed of beating her and she went to the police, who asked her to go to Sharjah Court. Instead of going to court, she went to an Indian gentleman who advised her to seek the embassy’s help. The welfare officer advised them to bring the children back to the embassy but the children were not brought. Later, when both the children were very ill they were brought to their mother, who was asked to look after them in time for the next camel race. On 23 August, they approached the embassy and were given refuge, until they could return to Bangladesh.”  [76]

13.2.6 Medical Assistance in South Korea

“Milon, an undocumented worker from Bangladesh, was employed at a small guitar factory at Masan, some 400 kilometer from Seoul. He suffered from hypertension. On April 3, 2001, his friends found him in a coma. He was rushed to the East Masan Hospital. He was diagnosed with cerebral hemorrhage and underwent two surgeries. He regained his consciousness but lost his speech and the left side of his body was paralyzed.”[77]  The news was published in the press and this aroused overwhelming sympathy amongst the Koreans. The hospital waived their bill of US $37,000. But Milon received no cooperation from the Bangladesh embassy in Seoul in facilitating a free passage on the national carrier Bangkok to Dhaka. Milon returned home free of cost, courtesy of Korean Air.  Because of Bangladesh   embassy’s non-cooperation attitude toward the ‘undocumented’ workers, many Bangladeshi workers suffered in foreign countries. [78]

14. Women Migrant Workers and Trafficking

Since the government of Bangladesh ban on recruitment of single women’s employment for overseas domestic work, an irregular migration of women has been taking place from certain areas of Bangladesh. Their undocumented status makes them even more insecure than before so that they have to put up with unfavorable terms, ranging from restriction on movement and long working hours, to physical and sexual abuse. 

Case One: Nineteen year–old Lucky landed in the United Arab Emirates (U.A.E.) on April 9, 2001, to work as a domestic helper. “Jalauddin Khan, a Bangladeshi expatriate working in Dubai, who knew the victim’s family, said she was brought here by a man named Hassan on a promise to her parents that she would get a respectable job with a steady income. On her arrival in Dubai, Hassan handed her over to her employer, another Bangladeshi. Lucky said that two days later she was taken to a secluded room where two men forced themselves on her. She was later admitted to the Iranian hospital unconscious and bleeding. Sources at the Iranian hospital confirmed the girl’s admission and treatment at the hospital.” [79] Later Hassan was not found anywhere.  

Case Two:  Another 17 year old victim Julekha was promised a steady income and a job in a good, local, Arab family.  Julekha told, “My family paid Taka 40,000 for my visa and ticket. I came to UAE two months ago. But upon arrival, I was handed over to a pimp who kept me in a house with some other girls. These girls were forced into prostitution. One night an Urdu speaking man entered the room and began to assault me. I struggled hard, but in vain. I remember struggling against him before losing consciousness. Later, the pimp attempted to sell me to a hotel and told me, if I did not cooperate, he would put me in jail. While he was taking me to the hotel I fled and took shelter with a Bangladeshi family. They brought me to the Bangladesh Embassy.” [80]

Case Three: A Bangladeshi domestic worker jumped from the second floor of a building in Sharjah. Twenty-year-old Ambia had to be treated for multiple fractures at Sharjah’s Al Qassimi hospital. Her hip joints were dislocated and she required further surgery. She said she was driven to suicide on 10 February 2001, after being confined to a single room for eight days. She claimed she was kept locked in a room and not allowed to go out. She was not given proper food or bathroom facilities during these days. She claimed, “I just could not bear the torture anymore. I was getting frustrated, as well as confused day by day in that room. I thought if I have to suffer so much in life, it is better to die. So I jumped from the window. I did not know what happened next. I found myself in hospital and heard police had brought me here.” [81]

One of the striking phenomena is the rise of women migration in the last two decades. A high incidence of women migrants is from Philippines, Indonesia, Sri Lanka, Bangladesh and Thailand, according to an UNHCR report. According to the report, the estimated flow of illegal women migrants is about 35,000 to 50,000 a year.

15. Migrant Workers and HIV/AIDS

            “In 2001, Department of Virology, Bangabandhu Shaikh Mujib Medical University detected 25 new cases of HIV infection. As in the past year, just over 80 per cent were male. Most of the 20 mail individuals were migrant workers who were deported following the detection of their sero-positive status. All the migrant workers except one were deported from Middle Eastern countries. They were married. Of the five women who were positive, three were home-makers who were infected by their migrant worker partners.” [82] Most of the HIV positive individuals detected this year were below 20 to 25 years. As of November 2001, Department of Virology recorded nineteen cases of AIDS and fourteen cases of deaths related to AIDS and HIV-related diseases. Last year one HIV positive individual committed suicide. 

            A recent publication by WHO regional office estimated that, as of April 2001, there were about 13,000 HIV positive adults living in Bangladesh. “These statistics give a false picture since the only group that goes through mandatory testing is migrant workers. Thus migrant workers are blamed both in the receiving country and in their home country. In the receiving country   it creates a false sense of security for the rest of the community. Mandatory testing of migrant workers only violates rights of people and needs to be abolished.” [83]

16. National Legislation For Protecting Refugees and Asylum Seekers

This paper strongly argues that both, as a refugee producing and receiving country Bangladesh should provide the lead in framing a national law for refugees.

            There are several reasons why national law should be framed. The first and foremost among them is that a distinction must be made between people who cross borders for economic opportunities and those who do so for fleeing persecution. In order to make the distinction, necessary structures need to be in place that can only be attained through national legislation.

            In most cases, refugees are dealt with on an ad hoc basis. The absence of law contributes to compounding of problems by depending in this type of approach. There is a need for appropriate legal and institutional structures so that refugees, migrants and asylum seekers can be dealt with in an organized manner. “Structures based on law would mean better management, efficiency, transparency and accountability. A national law will better equip the state to face problems that it may have to face from time to time.”[84]

            Bangladesh is constitutionally bound to frame such a law. Articles 31, 32, 33, 34 and 44 of the Bangladesh Constitution have given a large number of rights to non-citizens as well. Article 31 states that apart from citizens every other person for the time being within Bangladesh has “the right to enjoy the protection of the law and to be treated in accordance with law, and only in accordance with law....” [85] Despite such explicit declaration Bangladesh is yet to develop a legal framework for refugee protection.

             Enactment of a law regarding the refugee issue is a need of the hour, though Bangladesh has not yet signed the International Refugee Convention 1951. If we become a signatory to the Convention it will help us protecting our interests. After signing, everything related to refugee crisis becomes an international liability and the burden shared with the world usually becomes lighter. If Bangladesh signs the Convention, the international community will also come forward to help solve the problems. Bangladesh might face pressure from stronger neighbors in the absence of any legal framework on refugee issues.  [86]

CHAPTER FOUR

17.  Positive Side of Migrant Workers and Refugees

 Migrants made major contributions in the economies of destination countries. Remittance from migrant workers is a major source of foreign exchange. “The Minister of State for Labor and Manpower of Bangladesh in his statement to the Parliament in September 2005 said that more than 3.5 million workers had gone from Bangladesh to different countries till May 2005.” [87] In today’s economic war to earn foreign exchange there are two groups of people who are offering their labor; the garment industry, and migrants. They are the millions, sending billions of dollars every year (at least 4 billion officially). Migrants send at least double officially, and probably another $2 billion on top unofficially, via the “hundi” (unofficial channels for remittance of foreign currency). The economic machine is oiled and supplied by the remittances of the millions working in the Middle East and South East Asia. On top, we have the traditional migrant, who has become a settler in North America or Britain, who continues to send money forty years on after their or their parent’s journey.  “The Finance Ministry of Bangladesh just wants the Manpower Ministry to keep on sending new migrants abroad as fast as they can. They are a resource, which needs to earn in rials, pounds, dollars, euro, and dirhams, etc.” [88]  Migrant workers are great support to their families. They send foreign money to their families, so their family economy condition becomes better.  The basic human needs and other needs are fulfilled in the families.

 

Country- Wise Worker Remittances

 

Year                                                     Name of Countries                        (Taka in Crores)
	Saudi Arabia	U.A.E	U.K	Iraq	Kuwait	U.SA	Libya	Qatar	Oman	Sing-pore
1990-01	945.00	278.00	245.55	5.31	32.14	214.65	14.99	212.26	177.27	24.00
1991-92	1205.65	304.36	218.84	-	257.53	211.91	6.31	185.50	232.38	5.96
1992-93	1560.34	314.11	189.53	-	485.88	266.82	7.72	210.78	235.29	9.88
1993-94	1772.22	352.32	193.92	-	740.90	314.70	7.61	224.60	292.19	9.28
1994-95	1917.62	326.99	189.02	-	702.37	410.96	4.10	290.16	326.71	12.18
1995-96	2034.65	341.83	168.59	-	711.72	471.13	0.69	217.60	333.70	16.30
1996-97	2510.03	382.44	239.91	-	903.30	673.14	1.91	226.74	403.23	28.44
1997-98	2674.60	486.17	298.39	-	969.05	922.37	2.40	262.59	400.88	35.15
1998-99	3294.46	602.38	259.72	-	1106.44	1150.60	0.67	307.30	441.82	62.81
1999-00	4608.44	653.32	361.18	-	1232.55	1232.98	0.20	320.62	467.93	58.51
2000-01	4972.70	779.39	300.98	-	1336.39	1218.15	0.53	342.41	451.66	42.20
2001-02	6598.65	1311.63	595.02	-	1642.34	2048.24	-	520.63	593.49	82.05

 

Source: Bangladesh Bank. [89]

18.  Negative Side of Refugees and Migrants:

It is reported that rural illiterate girl from poverty stricken-families from Bangladesh are often forced to migrate to earn money. Women migrants are ordinarily found to be conscious of sending back regularly money to their families. Since they are unskilled they suffer most in foreign countries. They are vulnerable to exploitation, ill-treatment and humiliation. Some of them are even subject to physical abuse. “Thousands of girls and women from Bangladesh are trafficked abroad. Girls are lured to Gulf countries with promises of good jobs and better income. They often fall prey to agents, work for long hours, and many of them are physically and sexually abused, and later forced to take up prostitution. Yet they endure it because of economic reasons.” [90]

It is reported that thousands of undocumented migrants are working abroad as illegal migrants. They have been allowed to live without the dignity and worth of a human person just because they work without proper legal documents. Often they are employed in unattractive and demanding jobs. Another disadvantage for these workers is that they are often employed on very low wages, are in constant threat if being deported to their countries of nationality. Their working conditions are very poor.

“Sometimes refugees and so-called mixed-migrants often enter places without the requisite documentation and are frequently involved in international crime, including smuggling and trafficking, and to avert security threats.” [91] Sometimes migrants and refugees move alongside each other, often in an irregular manner, using similar routes and modes of transport. The people who move in this manner often place their lives at risk, are obliged to travel in inhumane conditions and may be exposed to exploitation and abuse. States regard such movements as a threat to their sovereignty and security. [92]

 

CHAPTER FIVE

19. Biblical Teaching 

In migrants the Church has always contemplated the image of Christ who said, “I was a stranger and you made me welcome” (Mt. 25:35). This vision leads us to approach migration in the light of those biblical events, such as the journey of the Patriarchs, God’s promise for a future homeland; Israel, freed from slavery, crossed the Red Sea in the Exodus; the universal message of the prophets who denounced discrimination, oppression, deportation, dispersion, and persecution as contrary to God’s plan. “At the same time they proclaimed salvation for all, witnessing even in the chaotic events and contradictions of human history, that God continues to work out his plan of salvation until all things are brought together in Christ” (cf.Eph.1: 10). [93]                                   

19.1 Migration and the History of Salvation

            We can consider the present-day phenomenon of migration a significant “sign of the times,” a challenge to be discovered and utilized in our work to renew humanity and proclaim the Gospel of peace. “The Holy Scripture shows us clearly what all this means. Israel traced its origins back to Abraham, who in obedience to God’s call left his home and went to a foreign land, taking with him the divine Promise that he would become the father ‘of a great nation’ (Gen 12:1-2). Jacob, a wandering Aramaen, ‘went down into Egypt with a small household and lived there as an alien. But there he became a nation, great, strong, and numerous’ (Dt.26: 5). After its long servitude in Egypt, Israel received its solemn investiture as the ‘People of God’ during its 40 years’ ‘Exodus’ through the desert. The hard test of migration and deportation is therefore fundamental to the story of the chosen people in view of the salvation of all peoples” [94] (cf. Is. 42:6-7; 49:5). With regard to the foreigner living in the country, the Law enjoins the same commandment on Israel as applies to “the children of your people”; that is “you must --- love him as yourself” (Lev 19:18,34).

 

19.2 Christ the “Foreigner” and Mary, a Living Symbol of Emigrants

            “In the foreigner a Christian sees not only a neighbor, but the face of Christ himself, who was born in a manger and fled into Egypt, where he was a foreigner” (cf. Mt 2:13ff). “Jesus came to dwell among us” and spent his public life on the move, going through town and villages. “After his Resurrection, still a foreigner and unknown, he appeared on the way to Emmaus to two of his disciples, who only recognized him at the breaking of the bread” (cf. Lk.24: 35). So Christians are followers of a man on the move “who has nowhere to lay his head” (Mt 8:20).

            “In the same way Mary, the Mother of Jesus, can be equally well contemplated as a living symbol of the woman emigrant. She gave birth to her son away from home and was compelled to flee to Egypt (cf Mt 2:13-14).  Popular devotion is right to consider Mary as the Madonna of the Way.” [95]

            Foreigners are a visible sign and are effective reminder of the universality, which is a constituent element of the Catholic Church. A vision of Isaiah announced this: “ In the days to come the mountain of the temple of Yahweh shall tower above the mountains… All the nations will stream to it” (Is.2: 2). “In the Gospel our Lord himself prophesied that ‘people from east and west, from north and south, will come to take their placed at the feast in the kingdom of God’ (Lk 13:29), and the Apocalypse sees ‘a huge number … from every nation, race, tribe and language’ (AP 7:9). The Church is now toiling on its way to this final goal; today’s migrations can remind us of this ‘huge number’ and be seen as a call and prefiguration of the final meeting of all humanity with God and in God.” [96]  

 

 20.  Papal Teaching

20.1 Pope Pius XII

             Pope Pius XII’s Apostolic Constitution Exsul Familia, on Aug 1, 1952 is considered the magna charta of Church’s thought on migration. It is the first official document of the Holy See to delineate the pastoral care of migrants globally and systematically, from both the historical and canonical points of view. It affirmed that the primary responsibly for the pastoral care of migrants lay with the local diocesan Bishop.[97]

 

20.2. Pope Paul VI

            Pope Paul VI issued his Motu Proprio Pastoralis Migratorum Cura in 1969. The document went into the topic of the welcome of migrants and refugees by the local Church and stressed the need for intra-ecclesial collaboration so as to ensure pastoral care without frontiers.  The document recognized and drew attention to the specific role of the lay faithful and of men and women religious toward the migrants and refugees.  [98]

 

 

20.3 Pope John Paul II

            Migration helps people get to know one another and provides opportunity for dialogue and communion or indeed integration at various levels. Pope John Paul II drew attention to this in his message for the World Day for Peace 2001: “In the case of many civilizations, immigration has brought new growth and enrichment. In other cases, the local people and immigrants have remained culturally separate but have shown that they are able to live together respecting each other and accepting or tolerating the diversity of customs.” [99]

            Recent times have witnessed a growing increase in the presence of immigrants of other religious in traditionally Christian countries. Various pronouncements by the Magisterium, and in particular the encyclical Redemptoris Missio as also the Instruction Dialogue and Proclamation, provide clear guidance on this question. [100]

20.4 Pope Benedict XVI

            For the World Day of Migrants and Refugees (2006) the Holy Father, Pope Benedict XVI, drafted a message with the theme: “Migration: a Sign of the Times.” He emphasized more on women migration and human trafficking and exploitation. He said, “female emigration tends to become more and more autonomous. Women cross the border of their homeland alone in search of work in another country.” [101] They are offered low salaries. They do domestic work, help the elderly, care for the sick and work in the hotel sector. “In same cases there are women and girls who are destined to be exploited almost like slaves in their work, and not infrequently in the sex industry too” [102] Pope Benedict XVI made his own the condemnation voiced by Pope John Paul II against “The widespread hedonistic and commercial culture, which encourages the systematic exploitation of sexuality.” He said these are areas where Christians are called to dedicate themselves to assuring just treatment for migrant women out of respect for their feminity in recognition of their equal rights.

            Speaking of the other category of migrant-asylum seekers and refugees he said, “the church sees this entire world of suffering and violence though the eyes of Jesus who was moved with pity at the sight of the crowds wandering as sheep without a shepherd” (cf. Mt 9:36). Hope, courage, love and “creativity in charity” must inspire the necessary human and Christian efforts made to help these brothers and sisters in their suffering. Their native churches will demonstrate their concern by sending pastoral agents of the same language and culture, in a dialogue of charity with the particular Churches that will come there.

            He also paid his attention to the phenomenon of foreign students, whose number increase every year in the world, with consequent pastoral problems the church cannot ignore. He said it is our Christian responsibility to take care of them all.

21.  The Second Vatican Ecumenical Council

            The migrations of the last century represented a challenge to the pastoral care of the Church, which was organized on the basis of stable territorial parishes. Previously members of the clergy had accompanied groups setting off abroad to colonize new lands, but from the middle of the 19^th century on, the pastoral care of the migrants was entrusted more and more frequently to missionary Congregations. “Later on the Second Vatican Council worked out important directives for this particular pastoral work. It called on Christians in particular to be aware of the phenomenon of migrants (cf GS, nn 65 and 66), and to realize the influence that emigration has on life. The Council reaffirmed the right to emigrate (cf. GS, n. 65), the dignity of migrants (cf. LGS, n.66), the need to overcome inequalities in economic and social development (cf. GS, n. 63), and to provide an answer to the authentic needs of the human person (cf. GS, n. 84). The Council called upon the laity in particular to extend their collaboration to all sectors of society (cf. AA, n, 10) and thus be a ‘neighbor’ for the migrant (cf. GS, n.27).” [103] The Pontifical Council for the Pastoral Care of Migrants  and  Itinerant People is responsible for the care of migrants. 

 

22. Juridical Pastoral Regulations      

            In the Juridical Pastoral Regulations we find that presbyters/pastors are given the mandate by the competent ecclesiastical authority to provide spiritual assistance to migrants of the same language or nation, or belonging to the same church (can. 566). With their domicile migrants are canonically parts of a parish and diocese (CIC, can.100-107), it is the duty of the parish priest and the diocesan bishop to extend to them the same pastoral care as is due to their own autochthonous subjects. When groups of immigrants are numerous, the Churches of their origin have the responsibility of cooperation with the churches of arrival to facilitate efficacious and suitable pastoral assistance. [104]

 

 

CHAPTER SIX

23. What is Being Done to Defend the Rights of Refugees, Migrants & Asylum Seekers?

The government of Bangladesh commissioned a study on 25 July 2001, to identify strategies to the current recruitment process, reduce migration costs, protect rights of migrant workers and refugees, and increase their wages. 

“In November 2001, the government constituted the Ministry of Overseas Employment and Expatriate. The main objective of the ministry was to  a) facilitate

 manpower export from Bangladesh, b) inquire about the welfare and difficulties faced by expatriate and c) ascertain the barriers to sending remittances.” [105]   

Refugee and Migratory Movements Research Unit, based in the University of Dhaka, has been functioning as a research, training and advocacy institution since 1995. “Its primary focus has been on refugee, migration and displacement issues. Since 1997 the Unit has become more and more involved in migration related studies. It organized discussions on ‘Women’s Migration and Work,’ Migrant Workers’ and ‘Remittance: Toward Ensuring Efficient Flow and Effective Use.’ It developed a training module with visual aides for the ‘Awareness Campaign for Community Leaders and Activities on Labor Migration.”[106]  

            Welfare Association of Repatriated Bangladeshi Employees (WARBE) was formed by a group of returnee migrant workers in 1997. It strives to facilitate returnee and migrant workers by organizing them as a pressure and advocacy group. As member of the Migrant Forum in Asia (MFA) network, it shares information and promotes campaigns for migrant workers’ rights. “Recently WARBE facilitated the repatriation of an undocumented Bangladeshi migrant worker, Md. Milon from Korea with the help of MFA. WARBE submitted a memorandum on 10 September 2002, and met the adviser for Ministry of Labor and Employment with the following recommendations:

·         Formulate comprehensive national migration policy with welfare-oriented legislation for migrant workers. 

·         Lift the ban on unskilled women’s labor migration

·         Adopt sustainable reintegration program for returnee migrant workers.

·         Rehabilitate deportees, detainees and physically disabled migrant workers.

·         . Establish a ‘Migrant Bank’ to provide collateral free credit to migrant workers.”[107]

WARBE organizes a rally in Dhaka on the World Refugee Day. The rally is attended by migrant workers, their families, friends, migrant workers organizations, NGOs working with the migrants and different trade unions, officials from the Ministry of Labor and Employment, international agencies and supporters.

Bangladesh celebrates the “World Refugees Day” every year on June 20 through elaborate programs. On this day Bangladesh government together with UNHCR, arranges program mainly in Dhaka and Cox’s Bazar of the country to mark this day. They normally organize a rally, discussion on refugees’ rights, art and essay completion for refugee children, exhibition of self-help, video show on documentary film, cultural program and prize distribution in the refugee camps. UNHCR for the last 6 years has been observing the World Refugee Day by all nations. “The purpose of World Refugee Day is to draw attention to the plight of refugees, celebrate their courage and resilience, and renew commitment to solving refugee problems. It is to remind that refugees are helpless people, uprooted from their homes living in a foreign land due to compelling circumstances that are outside their control, also to remind that 75% of the destitute in refugee population are women and children of developing countries. It is also an opportunity to recognize the contribution which refugees make to the countries, which host them.” [108]

Upon the request of the Government of the People’s Republic of Bangladesh, UNHCR commenced its operation in Bangladesh on February 13, 1992. Since then, UNHCR has been providing international protection and assisted the Government of Bangladesh in the voluntary repatriation of refugees from the Northern Rakhine state of Myanmar.  “It so far has helped more than 236,700 refugees voluntarily repatriate, and now there are about 22,133 refugees in two restricted camps at Nayapara and Kutapalong in Cox’s Bazar. The refugees have been here for the last 25 years and many were born here. Nearly 50% of the total population is below 17 years old.” [109] UNHCR provides them care and maintenance assistance, protection and facilitates their voluntary repatriation. It has international standards to maintain a minimum standard of treatment for shelter, food, health, care, reproductive health, education for children and other minimum necessaries for the refugees.

“Beyond the camp refugees, there are 158 Mandate Refugees from Myanmar (non-Rohinga), Iran, Somalia and Sierra Leone.” The national NGO, Dhaka Ashania Mission, is involved in the provision of services for those urban refugees and registration of asylum seekers for the Refugee Status Determination (RSD) process. From the outset of the refugee operation, UNHCR has played an important role in community improvement and development activities in the refugee hosting areas. The agency has constructed and undertaken a number of projects in the villages around the camps in Cox’s Bazar, benefiting the local population, especially in the education and health sectors. [110]

 

24. What More Can Be Done?

• Bangladesh missions overseas can collect information on labor demand and employment and to take stern action against agencies and individuals engaged in illegal visa trade.
• “Ensure that sub-agents recruit workers registered with BMET (Bureau of Manpower Employment and Training). Sub-agents should function within geographical limits and retain an identity card and their names should be displayed in local government offices. Recruiting agencies should register their intermediaries with the Labor Department.” [111]  BMET should regulate and monitor recruiting agents, issue and renew licenses, set up minimum labor standard for Bangladeshi migrant workers, provide emigration clearance after verifying visa papers and employment contracts and adopt policies and procedures toward the eradication of illegal recruitment activities.  
•  To curb undocumented or irregular migration, close and active coordination be maintained between Home, Labor and Foreign Ministry.
• “Immigration stamp on workers’ passport should bear the name of the official concerned and those found guilty of promoting irregular migration to face disciplinary measures.”[112] 
• Before embarking for overseas jobs, migrant workers should be given specific information about the country of destination, general job conditions, rights and responsibilities in the receiving country and under international law. BMET may encourage selected specialized agencies, NGOs and migrant support groups to impart predeparture orientation or training.
•  “A national migration policy should immediately be put in place in consultation with relevant ministries of government, NGOs, academicians, civil society, migrant rights advocates and migrant workers organization. The objectives of the national migration policy should not only be export of manpower but protection of migrant workers in the destination countries. Workers are undocumented not due to their own fault, but due to manipulations by the recruiting and employment agencies. Therefore, embassies should also assist their nationals even if they are undocumented.”  [113]       

Some General Recommendations

• We have to listen with respect to the refugees, illegal migrant workers working in those countries and keeping their economy running that they may enjoy their human rights and work under the conditions of the ILO laws and regulations.
• The host countries should devote more attention to improving the quality of their asylum systems, from the point of view of protecting refugees, rather than just cutting numbers.
• In refugee camps sexual and gender-based violence are more. We have to bring about a change in the attitudes of the refugee population towards women. Promoting respect for women and girls is a key factor in reducing the number of sexual and gender-based violence incidents in the camps. Vulnerable refugee women in the camps should be given legal assistance and be backed by a micro-credit program for skills-development training and income-generating activity; such as stitching clothes, tailoring course, weaving, bag-making, traditional cloth production, etc. to enable them to do economic activities and to help in the upkeep of their families. [114]
• The media can play a great role in forming public opinion. It is important to use words carefully so as not to demonize all the refugees just because there are some allegations. Sometimes reporting from the global viewpoint can also bring different perspectives. The media when reporting on the plight of refugees should avoid stereotyping and instead concentrate on the very human stories that all refugees have. [115]
• One solution to deal with the problem of undocumented migrant workers is legalization. This means sorting out these workers’ status problems by legalizing and handling their immigration documents and working contracts without sending them back to their countries. Such a solution was chosen by the Korean government in 2003 to deal with a similar problem of illegal migrant workers in that country. [116]
• Helping Refugees to Resettle in a Third Country: Sometimes voluntary repatriation settlement in the host country is not possible. In such cases resettlement in a third country may offer an alternative durable solution.

 

25. Personal Comment

            Refugees, migrants and asylum seekers are God’s best creation. The best protection for them is our care and sympathy for fellow human beings. In a “Global Village” we all are neighbors and must act when a neighbor is in trouble. Day by day it is becoming more difficult to forget and ignore them. As individuals, wherever we are and in whatever capacity we can, we should contribute to better protection for them. Many developed countries do not see the refugee problems properly. Already the European Union, USA and Australia have become a “fortress” and severely restrict the entry of refugees by adopting domestic laws. Australia is projecting refugees as unwanted persons to their community. Some South Asian Countries often argue that even states that have signed the Convention ignore it when it suits their interests. Developing nations want to expand the applicability of the Convention, but developed nations want to restrict the scope of the Convention. So there is no meeting of minds between them and the Convention remains as it is.  

Since a refugee exercises his/her fundamental right every country should respect their rights and accept refugees and look after them with the support of UNHCR. No one should return to his/her country of origin until his/her safety is assured. No one should be forced to go back to his/her country of origin. Voluntary repatriation should be the method of return. All governments of nations must commit to themselves to accept and protect refugees.

            I strongly feel that Bangladesh should accede to the 1951 Convention Relating to the States of Refugees and its 1967 Protocol. I also feel that we need to adopt national legislation pertaining to refugee protection, and this should be done immediately. The human rights situation at the two refugee camps in Cox’s Bazar is not acceptable to the international community. The refugees here should be treated humanely as international human rights standards.

 

Conclusion

            The refugees or asylum seekers or migrants’ rights be respected everywhere in the world. This principle is applicable to everyone who has a well-founded fear of persecution or whether there are substantial grounds for believing that the person should be in danger of personal security or life. Protection of human rights is no more a matter of domestic concern but has become an international concern. No state is required to reject refugees and migrants or asylum seekers to a country where the person should be in danger of his/her life unless the presence of that person poses a security problem to the state.

 As human being refugees, migrants and asylum seekers are also God’s best creation and have some inalienable rights under international human rights law and they have the right to enjoy such rights as a member of the human community without any distinction as to race, sex, color or nationality.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Bibliography

 

Encyclopedia

1.     ISLAM, Sirajul ed.: Banglapedia, National Encyclopedia of Bangladesh, vol. 8, s.v. ‘Refugee,’ by AKM Mazharul Islam, Dhaka, Asiatic Society of Bangladesh, 2003.

2.     ISLAM, Sirajul ed.: Banglapedia, National Encyclopedia of Bangladesh, vol. 2, s.v. ‘Chakmas,’ by Willem Van Schendel, Dhaka, Asiatic Society of Bangladesh, 2003.

 

Books

1.     Ain O Salish Kendro: Human Rights in Bangladesh 1997. Dhaka, The University Press Limited, 1998.

2.     Ain O Salish Kendro: Human Rights in Bangladesh 1998. Dhaka, The University Press Limited, 1999.

3.      Ain O Salish Kendro: Human Rights in Bangladesh 2001. Dhaka, Ain O Salish Kendro (ASK), 2002.

4.     KHAN, Akhtar Hosain, ed.: Statistical Yearbook of Bangladesh 2004, Dhaka, Bangladesh Bureau of Statistics, 2005.

 

 

Internet

     1.   www.unhcr.ch. (Feb.4, 2006)

3.     www.unhcr.org. (June 24, 2006)

 

 

Daily Newspapers

The Daily Star

     1.  Saturday, June 11, 2005.

     2.  Saturday, July 2, 2005.

3   Saturday, July 9, 2005.

4.  Saturday, September 3, 2005.

     5.  Saturday, October 8, 2005.

     6.  Saturday, October 29, 2005.

     7.  Saturday, June 24, 2006.

     8.  Saturday, March 4, 2006.

     9.  Saturday, March 18, 2006

    10. Saturday, July 22, 2006.

 

 

Weekend Magazine

1.     Mike Thompson, Star Weekend Magazine, March 17, 2006.

2. Rosaline Costa, Hotline Newsletter, 101^st Issue, Feb-March 1998.

 

 

 

L’osservatore Romano

1.     Mario Agnes, ed., Migration: a Sign of the Times, L’osservatore   Romano, Nov. 16, 2005.  

2.     Cardinal Stephen Fumio Hamao and Archbishop Agostino Marchetto, Erga Migrantes Caritas Christi (the Love of Christ toward Migrants), L’osservatore Romano, May 26, 2006.

 

 

Other Sources

UNHCR Report 

1.     The Daily Star, Saturday, March 19, 2005.

2.     The Daily Star, Saturday, July 9, 2005.

3.     The Daily Star, Saturday, July 16, 2005.

4.     The Daily Star, Saturday, March 19, 2006

5.     The Daily Star, Saturday, May 6, 2006.

6.     The Daily Star, Saturday, June 3, 2006

 

 

 

 

 

 

 

 

 

---

[1] www.unhcr. org., “Refugees Across the Globe,” June 24, 20006.

[2] Ibid., June 24, 2006.

[3] Md. Akhtaruzzaman, “Rights of the Refugees in Our Law,” The Daily Star, June 24, 2006, p.26.

[4] Ibid., p. 26.

[5] Ibid., p. 26.

[6] Md. Akhtaruzzaman, op.cit., The Daily Star, June 24, 2006, p.27.

[7] Ibid.,  p.26.

[8] Dr. Naim Ahmed, “Nurturing Hope and Lending a Hand to the Refugees,” The Daily Star, June 24, 2006, p.26.

[9] Barrister Harun Ur Rashid, “Why Observe the World Refugee Day?,” The Daily Star, June 24, 20006, p.27.

[10] Md. Akhtaruzzaman, op.cit., The Daily Star, June 24, 2006, p.26.

[11] Ibid.,  p.26.

[12] Dr. Naim Ahmed, op.cit., The Daily Star, June 24, 2006,p.26.

 

[13] Barrister Harun Ur Rashid, “Legal Status of Illegal Migrants,” The Daily Star, March 19, 2005, p.19.

[14] Ibid., p. 18.

[15] Ibid., p.18.

[16] Dr. Naim Ahmed, op.cit., The Daily Star, June 24, 2006.

[17] Dr. Naim Ahmed, op.cit.,The Daily Star, June 24, 2006,p.26.

[18] Dr. Ibid., p.26.

[19] UNHCR, “Who is Refugee?”, The Daily Star, July 16, 2005, p.19.

[20] Dr. Naim Ahmed, op.cit.,The Daily Star, June 24, 2006,p.26.

 

[21] Barrister Harun Ur Rashid, “Legal Status of Illegal Migrants,” The Daily Star, March 19, 2005, p.18.

[22] Ibid.,  p.18.

[23] Barrister Harun Ur Rashid, “Refugees and the Legal Principle of Non-Refoulement (Rejection),” The Daily Star, July 9, 2005, p.18.

[24] Barrister Harun Ur Rashid, op.cit., The Daily Star, July 9, 2005, p.18.

[25] Ibid.,  p. 18.

[26] Ibid.,  p.18.

[27] www. unhcr.ch., “Violence Against Women Refugees,” February 4, 20006.

 

[28] www. unhcr.ch., op.cit., February 4, 20006.

[29] Banglapedia, National Encyclopedia of Bangladesh, 1^st ed.,v. 8, s.v. ‘Refugee’, by AKM Mazharul Islam, p.390. 

 

[30] AKM Mazharul Islam, op.cit., p. 390.

[31] Ibid., p. 390.

[32] Ibid., p. 390.

[33] Ibid., p. 390.

[34] AKM Mazharul Islam, op.cit., p. 390.

[35] Ibid., p. 391.

[36] Ibid., p.391.

[37] Ibid., p. 391.

[38] AKM Mazharul Islam, op.cit., p. 391.

[39] Ibid.., p.391.

[40] Ibid., p. 391.

[41] Banglapedia, National Encyclopedia of Bangladesh, 1^st ed., vol.2, s.v. ‘Chakmas’ by William Van Schendel, p. 406.

[42] Mike Thompson, “Star Weekend Magazine,” March 17, p.23.

[43] Ain O Salish Kendra, Human Rights in Bangladesh 1998, Dhaka, The University Press Limited, 1999, p. 217.

[44] Ibid.,  p. 217.

[45]  Ain O Salish Kendra, Human Rights in Bangladesh 1998, Dhaka, The University Press Limited, 1999, p. 216.

[46] Rosaline Costa, “Hotline Newsletter,” 101^st Issue, Dhaka, Feb-March-1998, p. 6.  

[47] Uttam Kumar Das, “Training on Refugee Law,” The Daily Star, Oct.8 2005, p.19.

 

[48] Udatta Bikash, “UNHCR Expends Promotional Activities on Refugee Law,” The Daily Star, June 11, 2005, p.19

[49] Uttam Kumar Das, “Training on Refugee Law,” The Daily Star, Oct.8 2005, p.19.

[50] UNHCR, “UNHCR Initiates Awareness Program on Refugee Law for Students,” The Daily Star, May 6,2006, p.23.

[51] Uttam Kumar Das, “Bangladesh’s  Obligation to Refugee Protection,” The Daily Star, July 2, 2005, p.19.

[52] Ibid.,  p.19.

[53] Md. Akhtaruzzaman, op.cit., The Daily Star, June 24, 2006, p.26.

[54] Ibid.,  p.26.

 

[55] Md. Akhtaruzzaman, op.cit., The Daily Star, June 24, 2006, p.26.

[56] Uttam Kumar Das, op.cit., The Daily Star, July 2, 2005, p.19.

[57] Ain O Salish Kendro, op.cit.,pp.214.

 

[58] Mike Thompson, “Star Weekend Magazine,” March 17, 2006, pp.22-23.

[59] Ain O Salish Kendro, op.cit.,pp.213-225.

[60] Ain O Salish Kendro, op.cit., p.214.

[61] Ibid.,  p.214.

[62] Ibid., p. 215.

[63] Ain O Salish Kendro, op.cit., pp.215.

[64] Ain O Salish Kendra (ASK), Human Rights in Bangladesh 2001, Dhaka, ASK, 2002, p.187.

[65] Barrister Harun Ur Rashid,  op. cit., The Daily Star, March 19, 2005, p.18.

[66] Ibid., p.18.

[67] Akhter Hosain Khan,ed., Statistical Yearbook of Bangladesh-2004,Dhaka, Bangladesh Bureau of Statistics, December 2004, p.165.

[68] Akhter Hosain Khan,ed., op.cit., December 2004, p.163.

[69] Dr. Uttam Kumar Das, op.cit., p. 19.

[70] Dr. Uttam Kumar Das, op.cit., p. 19.

[71] Akhter Hosain Khan,ed., op.cit.,December 2004, p.163.

 

 

[72] The Daily Star, 16 January 2006.

[73] Migrants CARE, “Taking Deeper Look at Migrant Workers in Malaysia,” The Daily Star, March 19, 2005, p.19.

 

[74] Migrants CARE,op.cit.,  p.19.

[75] Ain O Salish Kendra (ASK), Human Rights in Bangladesh 2001, Dhaka, ASK, 2002, p.199.

[76] Ibid., p.199.

[77] Ibid., p. 200.

[78] Ain O Salish Kendra (ASK), op.cit.,  pp.200-201.

[79] Ibid., p. 192.

[80] Ibid., p. 193.

[81] Human Rights in Bangladesh 2001, 1^st ed., s.v. ‘Rights of Migrants Workers,’ by Sayed Saiful Haque Asif, pp. 192-193.

[82] Ibid., p. 194.

[83] Ibid., p. 195.

[84] C.R Abrar, “The Case For a National Law on Refugees,” The Daily Star, June 25, 2005, p. 18.

[85] Ibid., p. 18.

[86] Shaila Shahid, “Enact National Legislation for Protecting Refugees,” The Daily Star, Sept.3, 2005,p.19.

[87] Marufa Akter, “Migrants make major contributions in the economies of destination countries,” The Daily Star, Dhaka, March 4, 2006, p. 19.

[88] Ibid., p. 19.

[89] Akhtar Hosain Khan, ed., op. cit., December 2004, Dhaka, p.115.

[90] Dr. Uttam Kumar Das, op. cit., July 2, 2005, p. 19.

[91] Ibid., p. 19.

[92] Ibid., p. 19.

[93] Cardinal Stephen Fumio Hamao and Archbishop Agostino Marchetto, “Erga Migrantes Caritas” (the Love of Christ toward Migrants), L’osservatore Romano, May 26, 2006, p.3.

[94] Ibid.,  pp.3-4.

[95] Cardinal Stephen Fumio Hamao and Archbishop Agostino Marchetto, op.cit., p.4

[96] Ibid.,  p.4

[97] Cardinal Stephen Fumio Hamao and Archbishop Agostino Marchetto, op.cit., May 26, 2006, p.4

[98] Ibid.,  p.4

[99] Cardinal Stephen Fumio Hamao and Archbishop Agostino Marchetto, op.cit., May 26, 2006, p.2.

[100] Ibid., p.8.

[101] Mario Agnes, ed., “Migration: a Sign of the Times,” L’osservatore Romano, Nov.16, 2005, p.2.

[102] Mario Agnes, ed., op.cit.,  p.2.

[103]Mario Agnes, ed., op.cit.,  p.4.

[104] Cardinal Stephen Fumio Hamao and Archbishop Agostino Marchetto, op.cit.,  p.13.

 

[105] Sayed Saiful Haque Asif, op. cit., p.196.

[106] Ibid., p.197.

[107] Sayed Saiful Haque Asif, op. cit., p. 197.

[108] Dr. Uttam Kumar Das, op.cot., p. 19.

[109] Mike Thompson, op.cit., p. 23.

[110] Mike Thompson, op.cit., p. 23.

[111] Sayed Saiful Haque Asif, op. cit., p. 195.

[112] Ibid., p. 195.

[113] Sayed Saiful Haque Asif, op. cit., p. 201.

[114] “Interview” with Ms. Pia Prytz Phiri, UNHCR  Representative in Bangladesh, The Daily Star, July 22,2006, p.22.

[115] Ibid.,  p.22.

[116] Mike Thompson, op.cit., p. 23.