Laws for the lost

Millions of individuals are compelled to leave their homes every year in search of safer locations to start over in. In 2020, more than 82.4 million people were compelled to leave their homes, and more than 20 million of them are refugees, according to the UN. Currently, Bangladesh is home to about 200,000 of these refugees.

Fundamental to Bangladesh's secular, spiritual, and cultural values is the acceptance of refugees. Over 4900 troops and a sizable number of police officers from Bangladesh have participated in numerous peacekeeping missions, helping the UN and international NGOs in areas where there are ongoing conflicts. In light of this paradox, it is necessary to reconsider why such a hospitable society lacks a national refugee framework.

Interventions regarding refugee aid in Bangladesh have primarily relied on temporary policies and executive choices. As a result, while certain refugee groups have benefited from comprehensive support and solutions, other groups have lagged behind.

Bangladesh is skilled at handling the complexities that arise from such circumstances, regardless of the factors influencing refugees’ search for safety, including economic, demographic, security, or political factors. However, we haven't codified our asylum management solutions so that they may be promoted internationally.

Let’s not overlook our accomplishments in protecting people who had to evacuate their homes while celebrating our economic advancement and advances in communications, industry, and the industrial sphere. Such inclusivity is motivated by both our duty and the rights of these people.

Refugees have made a substantial economic and cultural contribution to Bangladesh over the years. Positive effects of their efforts can be seen in the manufacturing, automotive, retail, hotel, and food industries.

To effectively manage population migrations and maintain openness and predictability in our administrative operations, a sustainable refugee policy is a prerequisite. This is compatible with the constitutional emphasis on the rule of law and demands that treatment of refugees receive the same consideration as other human rights protection problems.

This cannot continue to be treated as a bureaucratic exercise as it already is, since it is a crucial national security matter.

A national refugee management law would be consistent with Bangladesh's position as a regional and emerging country leader. A standardized method for determining and treating refugees will have significant administrative benefits.

The act will also specify the methods of collaboration between the multiple government, judicial, and UN organizations involved in refugee assistance. Additionally, it would lessen tensions between the origin and host nations.

Other nations would view the decision to provide asylum as a lawful, humane, and peaceful action rather than an arbitrary political gesture. Additionally, it will offer a forum for discussion on responsibility sharing and support the search for long-lasting answers to the underlying problems that lead to the refugee dilemma.

Despite its security worries and population-related challenges, some would claim that Bangladesh still takes a humanitarian approach to refugees. There have been no major difficulties in managing the various refugee flows because there is no national statute to manage “refugees.”

Through executive and judicial involvement, the letter and spirit of relevant international conventions have been upheld. Therefore, the nation has somehow managed to strike a balance between security and the interests of the nation, on the one hand, and human rights and humanitarian obligations, on the other.

This contradiction can be further explained by a refugee statute. Despite the fact that the courts have recognized some of the rights of refugees, more clarity is required regarding the kind of protection to which they are entitled. Determining the rights and responsibilities of refugees and the state as well as the process to be followed while treating refugees in Bangladesh is, consequently, in need of national legislation.

Even if Bangladesh would prefer to accept refugees, some could counter that we might not always be able to. Accepting refugees, meanwhile, has traditionally been about opportunities rather than costs. The country may have suffered if Bangladesh had not opened its doors to former refugees, many of whom are now successful businesspeople.

Generally speaking, accepting migrants requires a financial outlay from the government. This investment may pay off once refugees begin finding employment.

In order to improve international trade and investment, refugees may start new businesses, address labour shortages, or fill existing ones. Refugees provide new ideas, cutting-edge technology, and fresh perspectives because of their various backgrounds. However, the host nation's institutions, laws, and policies also have an impact on their capacity to contribute to the economy.

In other nations, refugees receive initial assistance before being left to fend for themselves. Some nations have treated refugees since they were people in need. A national refugee law can assist in striking the proper balance between the two.

Various kinds of refugees and migrants should be distinguished by the law, and each should receive a specific type of protection; this will allow the law to foresee secondary movements and safeguard the most vulnerable.

Global humanitarian action and asylum management can be sped up by progressive nations and economic giants like Bangladesh, which have a long history and ingrained principles.

Bangladesh has the chance to properly calibrate its administration of asylum claims by passing a national refugee law in light of the current humanitarian and economic crises around the world.

Afsana Rubaiyat is a freelance contributor.