THE PRINCIPLE OF NONREFOULEMENT AND THE NATIONAL SECURITY DILEMMA: ADDRESSING THE ROHINGYA CRISIS IN BANGLADESH

The Rohingya of Myanmar are one of the world’s most persecuted minority populations, lacking citizenship. Rohingya refugees from the Arakan state of Myanmar have sought refuge in Bangladesh multiple times to escape state-sponsored persecution, with a significant influx occurring in 2017. Although Bangladesh is not a party to the 1951 Refugee Status Convention, it has, on humanitarian grounds, sheltered the refugees and adhered to the principle of non-refoulement. However, this humanitarian consideration has become a burden for Bangladesh, which must balance it with national security concerns. On the one hand, the principle of non-refoulement under customary international law and human rights treaties obliges states to protect refugees. On the other hand, various international instruments, including several United Nations resolutions on the elimination of acts of terror, mandate ensuring that no refugee is involved in acts of terror or any serious criminal activities. This paper will examine the obligations under the principle of non-refoulement and its challenging implications for national security.