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Refugee law in the context of Bangladesh

Mohammad Kepayet

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Around 250,000 Urdu-speaking refugees are living in 116 deferent camps in Bangladesh. Those who were called ‘Bihari’. They came here to save their lives when the horrific communal carnage of 1946-47. Moreover, Bangladesh gives shelter to nearly 1.1million Myanmar’s Rohingya refugees. Who flee from Myanmar for targeted violence by its troops, backed by local Buddhist mobs, responded by burning their villages and attacking and killing civilians. The United Nations described the military offensive in Rakhine state, which provoked the exodus, as a “textbook example of ethnic cleansing”. Mostly women and children– to flee their homes. This exodus has become one of the fastest growing refugee crises in the world.

After world war I, refugee Takes shelter widespread from one state to another. They are mostly Armenian, more than 1 million people. Later, Subsequent riots broke out in Germany, Italy and Spain, with large numbers of refugees seeking refuge in other states. They do not want to go to their country for harassment. The concerned countries face many problems with refugees. How Refugees get their Identity, travel documents, how the property was acquired and occupied and dispossessed, how to get that property or home back. To resolve these fundamental issues, various states reach a consensus through international agreements. Because of the agreement refugees got their Identity and travel documents. After World War II, the refugee problem became more widespread. After that, a legal framework was made for the refugee crisis. So that the rights of the refugees are protected.

As per Article 14 of the United Nations Universal Declaration of Human Rights, Bangladesh has provided shelter to Rohingya refugees whom fleeing Myanmar. Because in Article 25 of Bangladeshi Constitutions says, the state will respect international law and the United Nations Charter in relation to determining its international relations.

But surprisingly, Bangladesh has no any specific refugee law to regulate and manage these refugees.  So its shelter them under the UNHCR 1951 refugee convention and 1967 protocol to the refugee convention. Although Bangladesh has not signed any of these two. So, there is a lack of legal framework. It has become difficult to control and protect these large numbers of people. Bangladesh need immediately a legal framework for control and protection a large number of refugee populations.

As refugee crisis is beginning in Europe, so at first refugee rules, regulation and law ware made there. Although it effective in Europe but in Bangladesh even Asia, it’s atmosphere are deferent from Europe. Therefore, it’s urgent for Bangladesh to create a separate refugee law for the protection of Rohingya populations. Because Bangladesh does not have separate refugee laws, the Rohingya follow their own rules. Their judges name is “head majhi”in Bangla. Who Penalties them according to the type of crime. Although, there is no legal standard.

The estimated population of Bangladesh is about 163.05 million. It’s a huge population Compared to its surface. Moreover 1.1million Rohingya people are extra burden. They live in Cox bazar at Kutupalong Refugee Camp which is hilly area. Diodiversity of hilly area is different from the other. In the meantime, Rohingyas are cutting hills for living, using hills for food production, Cutting trees for fuel. Its destroying the natural balance. Bangladesh has already 60 million Climate Immigrant. By 2050 it may be more than doubled; Which may threaten the food security of the country. So I would like to say in the basis of region Separate legislation is now Demand of time. I argue all international body to help Bangladesh to create a refugee regulation and Rohingya repatriation.

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South Asia

Webinar: Kashmir Outside the Crosshairs- Does Anyone Care about Kashmir?

MD Staff

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Join Modern Diplomacy and our Executive Vice Chairman, Prof. Matthew Crosston, for a Live Intelligence briefing / Webinar, on Sunday September 29 at 18:30 (IST) to learn:

* Why does the US continue to ignore Kashmir but give loads of attention to every country around it?

* Is it necessarily a positive if the US DOES start paying attention to it? 

* What would be GOOD attention and what be BAD? Which one is the US likely to give?

* Can Kashmir ever be left alone to develop independently and not be a pawn of regional neighbors?

These and other controversial but critically important questions will be covered in an exciting intelligence briefing that will still allow for a dynamic, open discussion exchange with one the world’s most recognized, accomplished and sought after Intelligence experts, Dr. Prof. Matthew Crosston, Executive Vice Chairman of Modern Diplomacy.

Reserve your seat here

Dr. Matthew Crosston is Director over all Intelligence programs and Professor of Strategic Intelligence and Global Security in the School of Security and Global Studies at the American Military University. He is an acclaimed author and international speaker who consults with governments, media organizations, and academic institutions on a range of issues covering peace mediation, human rights conflicts, resource dilemmas, intelligence, change leadership, and education innovation. His works overall have been translated into Russian, Arabic, Chinese, Indonesian, Hebrew, Spanish, Turkish, Farsi, Greek, and Uzbek. He has a BA from Colgate University, MA from the University of London, PhD from Brown University, and completed his Post-Doctoral Fellowship at the University of Toronto.

Modern Diplomacy and Center for International Strategic Analyses

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Secularism in India: Disparity in theory and practice

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Authors: Areeja Syed and Kinza Shaheen*

Secularism is adopted by most of the contemporary states. The three intrinsic principles of secularism are  freedom of belief, that every person living in that particular state has his own belief system and he can believe and worship any God, second is the institutional separation and third is the ‘no discrimination’ on the basis of religion. The largest democracy of the world, India claims to be a secular state. There were various reasons to declare a state as a secular, in which one was domestic reasons and other was global. If we talk about the internal reason, we know that most of the people in India follow the religion of Hinduism, but apart from Hinduism there are many religions such as the Islam, Sikhism and Buddhism etc. The state of India declares itself as a secular to get the support of the heterogeneous population. As far as the global reason is concerned, India proclaims itself as a secular state to portray a positive image in the world.

Secular means equality, so in western states it depicts a positive image that these particular states have equality for every individual. For that reason, India following the notion of the western states declared itself as a secular state. However, the record of India in religious bigotry is quite disappointing. Minorities are not enjoying equal rights as enjoyed by the Hindus in India. It is adopting the policies of ‘Hindutva’ which shows the dominance of Hindus in every walk of life. On one hand it portrays a secular image to the world and on the other hand minorities like Muslims are beaten and even killed to eat the beef.  Beef is one of the favourite hilal meals of Muslims. Moreover, most of the Muslims have businesses that are directly and indirectly related to the livestock. They slaughter the cows and make a living. Ironically, Muslims are being beaten by the Hindus either on the slaughter of cow and eating of beef.  A lot of beef shops had been burned by the radical Hindus. They generate limitations on the Muslims to slaughter cows. How India could claims to be a secular state if a minority individual could not practice his own religion. The Indian media also added fuel to the fire by just giving biased and one sided stories in favour of extremist Hindus.

The ruling government of BJP is also silent over that biasness for the cause that there is Hindu majority in India and if they do anything to protect the rights of minorities, it will make Hindu fanatics discontented and they will lose their vote banks, they think rational too in terms of political gains. Francis Schaeffer says that just showcasing secularism is a more dangerous than the clear-cut discrimination. There are exceptionally stumpy numbers of political representations of Muslims in the politics.

Question arises that being the 2nd highest population of India, why much Muslims are not representing the Indian government? Kashmir is one of the major examples of human rights violation. Each day Muslims have been targeted by the radical Hindus. Indian military is killing the Kashmiri youth on daily basis. Most of the time, Kashmiris have to live under the curfew. However, curfew is the element of a dictator and an authoritative regime. The democratic and secular states view curfew as a violation of human rights. Since 1947, India remained unsuccessful to establish it writ over the Jammu & Kashmir. And so, India is adopting barbaric tactics to get hold of Jammu &Kashmir. Indian forces are making use of Pallet guns against the civilians. Incidents of braid chopping and rape of Muslim girls by the extremist Hindus and Indian forces are rising up. But the world has closed its eyes over the human rights violation in Jammu & Kashmir because India is emerging as an economic giant in the international forum. The International community is quiet interested in India due to its growing economy, its geopolitical location and a number of other elements. That is why; states are silent over the atrocities of India in Jammu & Kashmir.

The human rights violation in Kashmir gives an incentive to the freedom fighters to take up weapons to defend their rights. One can analyze this from two dissimilar perceptions. One is the discriminative behaviour of the state with that individual (who became freedom fighter later) which compel him to be a freedom fighter and fight for himself and his family, and second refers to the historical background of that individual, from how much sufferings he sees in his childhood on him n his family, that psychologically disturbed him and he had that thinking from his childhood that he will take the revenge when he grew up. In both of situations, India is solely accountable and responsible for creating Freedom Fighters in the Region.

Dissatisfied with the curfew and killing India is taking the territory of Jammu and Kashmir under the legal pretext to maintain its image as a democratic and secular state. On August 5, the President of India Ram Nath Kovind issued a presidential order to make applicable the provision of the constitution in the Jammu & Kashmir. The presidential order was approved by the parliament in a resolution. On August 6, 2019 the president nullify the article 370 of the Indian constitution that provides special status to the Jammu& Kashmir territory. With the nullification of the article 370, non-Kashmiris will be allowed to purchase land in the disputed territory which is likely to change the demographic of the Jammu Kashmir. India is targeting the minorities through such kinds of tactics to serve the interests of the Hindus.  Democracy and Secularism gives equal rights to the citizens without creating discrimination on the basis of religion, colour and creed. If India continued the policies of persecution against the minorities than it will create further security problems for it. More and more people will take up weapons against the state when they see that state is backing the atrocities.  It will lead India at the brink of collapse. If India treat everyone equally then it will also diminish the anger of freedom fighter and there will be no reason for unequally treated people to struggle against government. Hence Indian government need to look into this state of affairs in a quiet serious method or else in the Indian government will be responsible for the disputes and which will deteriorate their international image too.

*Kinza Shaheenhas done M.phil in International Relations from Comsats University Islamabad.

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Chandrayaan-2 was really a failure, but for whom?

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Before leaving Pakistan I had written an article “India’s Space Diplomacy in 2017: Where Pakistan Is Standing?” published in Weekly Technology Times. In that article I highlighted the fundamental shift in how nations manage their international relations beyond the classic diplomacy and the attitude of Indian government/ISRO for technological capabilities in outer space as an effective tool of foreign policy. Additionally, I also compared the SUPARCO (subcontinent’s oldest space agency) with ISRO in term of satellite launching and producing technology and how the focus of SUPARCO became countering India, rather than explore and investigation, research and development. That attempt was not only to draw attention towards the use of space dexterity to expand diplomatic influence to achieve Pakistan Space Vision 2040, but also soft power projection. Surprisingly, I received mixed comments from fellows and readers in the context of “patriotism”.

The core motive to pen-down this article is to highlight the quote of Prof. Dr. Abdus Salam “Scientific thought and its creation is the common and shared heritage of mankind”. Let’s have a look on Chandrayaan-2 – Chandrayaan-2 was an Indian lunar mission that was supposed to go where no country has ever gone before (the Moon’s South Polar Region). According to ISRO official credentials, “this mission will help us gain a better understanding of the origin and evolution of the Moon by conducting detailed topographical studies, comprehensive mineralogical analyses, and host of other experiments on the lunar surface. While there, we will also explore discoveries made by Chandrayaan-1, such as the presence of water molecules on the Moon and new rock types with unique chemical composition. Through this mission, we aim to: (1) expand India’s foot print in space; (2) inspire a future generation of scientists, engineers, and explorers; (3) surpass international aspirations”.

Launched on 22 July 2019 from Satish Dhawan Space Center on Sriharikota Island on an ISRO Geosynchronous Satellite Launch Vehicle (GSLV) Mark III. The lander-orbiter pair went into an initial elliptical, earth parking orbit, followed by a translunar injection on 14th August. The pair entered lunar polar orbit on 20th August. Subsequently, the lander and orbiter separated on the 2nd September. The orbiter evolved into a circular polar orbit and the Vikram lander maneuvered into orbit with a plan to land on the surface in the high latitude areas near the South Pole. On 7th September contact was lost during the descent at an altitude of approximately 2 KM. The ISRO officials said that the spacecraft stopped communicating with Earth when it was within 1.3 miles of the lunar surface. Though contact with the Vikram lander was lost, the orbiter going around the moon and will carry out experiments over the next year.

On the eve of 7th September, several scientist, technologist and general public were eagerly waiting for the Vikram lander to land on the Moon’s South Polar Region. Even though, the communication between the orbiter and lander was lost, ISRO, Indian scientists and engineers received appreciation and support for their efforts around the globe. Gauhar Raza, an Indian scientist, Urdu poet and social activist said, “The objective of the Chandrayaan-2 will be solved by Chandrayaan-3. A lot of lessons has been learnt this time and we will definitely master the technology of the lander in the coming future”.

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