Refugee vs National Security Challenges and Solution in the Context of Bangladesh

This picture is taken from Doctors Without Borders/Médecins Sans Frontières (MSF)

1.   Introduction

The refugee crisis is one of the most talked-about issues in the modern world. The main topic of controversy in Bangladesh is the intricacy between the country's domestic legislation and the international law governing refugees. Despite having a customary international law obligation, Bangladesh does not have a comprehensive refugee law and is not a signatory to either the 1951 Refugee Convention or its 1967 Protocol. Consequently, issues such as the lack of legal duties to refugees, the uncertainty surrounding the duration of their stay, and national security concerns remain unresolved. 

The crisis started in August 2017 when the Rohingya were forced to evacuate the Rakhine (formerly Arakan) state due to a crackdown by the Myanmar military. Despite Bangladesh's admirable humanitarian efforts, national security issues are becoming more and more prominent.

In order to manage the Rohingya crisis in a way that upholds both national interests and human dignity, this blog explores how the convergence of international and national legal standards, changing geopolitical dynamics, and growing security concerns demand for a thorough and organised approach for policy development.

2.   Gaps in Legal Protection and Emerging Security Concerns: The Rohingya Challenge in Bangladesh

Bangladesh recently extended its hand to the Rohingya following the 2017 military crackdown in Myanmar's Arkane state; yet, the country's national security is at risk due to the Rohingya refugees' unlawful activities and a legal responsibility and protection vacuum.

2.1 International Legal Framework:

Internationally, refugee protections are governed primarily by the 1951 Refugee Convention, the 1967 Protocol, and the United Nations High Commissioner for Refugees (UNHCR). The 1951 Convention defines the term “refugee” (Article 1) and outlines a series of rights, including:

• Freedom of religion (Article 4)

• Access to courts (Article 16)

• Right to work (Articles 17–19)

• Housing (Article 21)

• Education (Article 22)

• Public relief and assistance (Article 23)

• Freedom of movement (Article 26)

• Identity and travel documents (Articles 27–28)

• Protection from penalties for illegal entry (Article 31)

• Protection from expulsion (Article 32)

• Protection from refoulement (Article 33)

The 1967 Protocol removed the Convention’s original temporal and geographic limitations, thereby broadening its applicability. However, obligations for refugees are comparatively minimal. While refugees must respect the laws and regulations of the host country, there is little clarity on enforcement mechanisms or consequences for violations that do not qualify as international crimes. This raises critical questions like What happens when refugee actions threaten national security but don’t constitute crimes under their own national laws? How long can, or should refugees be allowed to stay in a host country?

2.2 National Legal Framework:

Bangladesh lacks a specific legal framework to address refugee matters. Though several laws touch upon immigration and foreign nationals, such as the Passports Act, 1920, Foreigners Act, 1946, and the Citizenship Order, 1972, but none provide a comprehensive policy for refugee protection or obligations. Bangladesh is also not a party to the 1951 Convention or the 1967 Protocol. As a result, Rohingyas are not formally recognized as refugees under domestic law. Additionally, the fundamental rights enshrined in Articles 26 to 47A of the Constitution of Bangladesh are not explicitly extended to non-citizens.

A growing number of crimes involving some refugees, such as drug trafficking, violence, and people smuggling, are a result of this legal void. Such problems can exacerbate tensions and threats to internal stability if there are no legal time limits or geographic restrictions for settlement. Other urgent questions are brought up by this situation, such as, If a refugee risks national security, what legal requirements are applicable? Under Bangladeshi law, what are their rights? How should Bangladesh react if a refugee's actions endanger security but are not prohibited by the laws of their home country?

3.     Current Developments in the Rohingya Refugee

Despite some encouraging diplomatic developments between Bangladesh and Myanmar, obstacles still stand in the way of voluntary repatriation, particularly with regard to the safety, citizenship, and dignity of returning refugees. Security issues are being raised for both the host and refugee populations at the same time by the rise in illicit activities in the camps, such as drug trafficking, human smuggling, and the growing influence of insurgent organisations like ARSA.

3.1 Repatriation Efforts:

According to a list provided by Bangladesh, Myanmar confirmed in April 2025 that 180,000 Rohingya refugees are eligible for repatriation. A list of 800,000 refugees from 2018 to 2020 was already submitted by Bangladesh. Additionally, Myanmar stated that final verification is still pending for an additional 70,000 people and promised to speed the review of the remaining 550,000. Many Rohingya demands that all refugees should be permitted to return with full citizenship and privileges, notwithstanding these declarations, and they remain sceptical due to concerns of persecution, previous attempts at repatriation in 2018 and 2019 were unsuccessful. Representatives of refugees have voiced their dissatisfaction, arguing that the scant confirmation is insufficient and calling for a thorough and sincere resolution to restore their legal status and dignity in Myanmar.

3.2 Security Concerns:

Security officials in Bangladesh have arrested Ataullah Abu Ammar Jununi, the commander of the Arakan Rohingya Salvation Army (ARSA), on charges of illegal entry, sabotage, and terrorist activities. ARSA is a Rohingya insurgent group involved in a conflict with Myanmar's military regime to protect Rohingya rights. The arrest occurred in Narayanganj near Dhaka, where security forces also seized items such as cash, a knife, and wristwatches. Additionally, 10 other ARSA members, including children and women, were detained in separate raids. Armed militant groups, primarily consisting of Rohingya individuals, have been abducting, torturing, and killing fellow refugees.

4.     Toward a Structured Response: The Need for Policy Development

As the saying goes, if you can't solve a problem, you must learn how to manage it. That means we need practical steps. Under international law, it is important to set clear rules on how long refugees can stay, where they can live, and what their responsibilities are. This would help protect Bangladesh’s national security while also ensuring refugees are treated fairly. Bangladesh should also consider joining international agreements on refugee rights. This would allow it to receive more support from other countries and improve its own laws with global guidance.

To address these issues, global organisations like UNHCR, IOM, Amnesty International, and local groups like RRRC and CPJ have suggested creating a special refugee law for Bangladesh. This law should reflect the real challenges on the ground and involve input from refugee communities. With such a law, Bangladesh can move beyond temporary solutions and set up clear rules and protections that balance both human rights and national security. Programs like the World Bank’s Private Sector for Refugees(PS4R) also show that giving refugees work opportunities can boost the economy and reduce crime. Allowing refugees to earn a living could help ease tensions and improve security within the country.

In short, establishing a clear refugee policy is not only the right choice, but also a timely and necessary step for ensuring Bangladesh’s long-term stability and progress.

5.   Conclusions

“Refugees didn’t just escape a place. They had to escape a thousand memories until they’d put enough time and distance between them and their misery to wake up to a better day.” – Nadia Hashimi, an Afghan-American novelist, captures the struggles of refugees in her quote, which highlights that they are people, have feelings, sorrow, and aspire to live like us and the fact that people do not choose to become refugees willingly.

Like all human beings, they are also subject to fundamental human rights. While it is the duty of a nation to prevent internal unrest and safeguard its national security, Bangladesh, as a country that promotes peace, must find a balance between these priorities to ensure both security and the humane treatment of refugees.