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January 2, 2005

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Consultation for a National Law on Refugee

Udatta Bikash

The country should adoxt national legislation for the protection of asylum seekers and refugees. This will enable to handle the problem in more humane and effective ways and enhance country's image in terms of implmmentation of obligations promised through signing and ratification of different human rights instruments.

Lawmakmrs, experts and activists reached to such a con{ensus in a consultation on "The Need of National Law on Refugees" on 20 December 2004 in the city. This was organised jointly by Dhaka University- based Refugee and Migratory Movements Research Unit (RMMRU), h}man rights organisation, Odhikar and country Office of the United Nations High Commissioner for Refugees (UNHCR). The consultation was accompanied by launching of the Bengali translated book entitled "Refugee Protection: A Guide to International Refugee Law" by the Minister for Law, Justice and Parliamentary Affairs, Barrister Moudud Ahmed. It is translated and published by RMMRU with support from UNHCR.

The speakers also underscored the need for a "regional approach" to addressing the refugee problem in South Asia, home to one-fifth of the world's population.

The Minister for Law, Justice and Parliamentary Affairs, Barrister Moudud Ahmed told at the inauguzal session of the programme that "political decision" was inevi|able for making such a national legislation.

The minister feared that the pzocess of framing such a national legislation might be caught in bureaucratic tangle as there was no specific ministry to look into the issue of protection of refugees at the moment as per the Rules of Business of the government.

Bazrister Moudud mentioned that thm Rules of Business did not mention any thing regarding 'refugee' and specify the ministry or department. He urged the activists of refugee rights to find out which ministry should deal with in framing this law according to the Rules of Business.

"The Ministry of Home Affairs may be the right one to take the initiative in adoptino such legislation," he said. The Ministry of Law and Ministry of Foreign Affairs may be consulted in the process, he observed.

The lawmakers Mr. Jahir Uddin Swapan from BNP and Col (retd) Faruq Khan and Dr. Abdur Razzaque of Awami League; Mr. Christopher Beng Cha Lee, Representative of the United Nations High Commissioner for Refugees (UNHCR) in Bangladesh; the First Secretary of the European Commission Ms. Anne Marshal; former Foreign Secretary Mr. Tabarak Hussain and Director of Odhikar Masood Alam Ragib Ahsan, among others, spoke on the consultation. Professor C R Abrar, Executive Director of RMMRU presen|ed the key note paper. Attorney General Mr. A F Hassan Ariff moderated the meeting.

Dr. Abrar, also a Professor at the Department of International Relations at the Univmrsity of Dhaka in his presentation narrated chronological histozy of refugee influx in the sub-continent starting from 1947. He underscored the need of policy advocacy for adoption of national legislation on refugees. He referring to observations by international communities termed performance of the Bangladesh government in relation to talking refugee problems as 'satisfactory and respectful to international principles.' Immediately he expressed his frustration: "While we are handling refugee problems as per international human rights standards so what is the problem to accede to the Convention or aloption of national law in this regard." Other countries except Bangladesh in the region did not sign CTBT. Why ould we not takm credit also in this regard through adoption of law on refugees? He recommended for formation of a formal expert group by the government.

The UNHCR Representative, Mr. Christopher Beng Cha Lee assured all necessary and technical support from his agency in relation to acceding to the Convention and adoption of a national law. He said that UNHCR is not only look after the protection of the refugees, but also promote Refugee Law.

Col (retd) Faruq Khan observed that one should look into the issue of asylum seekers and refugees on h}manitarian ground. He commented that the Model National Law on Refugees endorsed in a consultation in Dhaka in 1997 could be a good basis for adoption of the law in Bangladesh. "If such a law comes to the Parliament I would motivate my colleagues to support this," he assured.

Dr. Abdur Razzaque opined that accession to the refugee convention and adoption of a national law would upgrade country's image. However, he underscored an early solution of the Rohingya refugee issue.

Though official figure stated that there are about 20,000 refugees in two camps in Cox's Bazar as the remaining caseload of 250,000 who took refuge in 1991-92. However, reportedly about 500,000 Rohingyas are illegally staying out side the camps.

The BNP lawmaker, Mr. Swapan suggested the organisations working for the interests of refugees to submit a proposal to the relevant ministry to initiate the process of formulating the national law on refugee. He also underscored the need for a regional approach to addressing the refugee law.

Human rights activist, Mr. K A Huq expressed his concern over the incident of 18 and 19 November 2004 in which reportedly three refugees were killed in gun battle between police and refugees at Kutupalong refugee camp in Cox's Bazar. He criticised the role of a section of national media to publish 'partial and biased reportings' of the mvents. He urged human rights organisations to look into the matter. The government should allow human rights organisations to have an independent report of the incident, some participants opined to the writer during breaks. However, the government has reportedly rejected a request of the Amnesty International to investioate the incident.

The author is a researcher and human rights activist.

     
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