Book review: Autobiography of a Yogi by Paramahansa Yogananda.

Book review: Autobiography of a Yogi by Paramahansa Yogananda. 1946 First Edition, First Printing Published by THE PHILOSOPHICAL LIBRARY, INC. 15 East 40th Street, New York, N. Y. 1995 Reprint of the 1946 First Edition Published by Crystal Clarity Publishers, USA.

A fantastic book. Recommended for everybody who wants to become aware of the reality of this world, of what lies behind the shroud of the mist that prevents us seeing beyond the moronic daily grind.

I decided to read this book sometime in 2012 C.E., but somehow read a few other Yoga books before I could start with this most famous of all Yoga and spirituality book. It was probably in the list of the favourite book of some celebrity business entrepreneur, although I dont clearly remember now when I first came to know about this book.

I did not always like the author's prose, the usage from his age often sounded cliché, and at some places thought it repetitive [which can be forgiven considering the eagerness the author felt in succeeding in conveying his message]. At one point towards the end where the writer explains his position regarding Indian Nationalism, a much controversial topic in the then colonial India, I thought he was not straight forward to say the least, or worse, that his thinking lacked clarity.

Having said that, the book presents the reality of a world that is unknown to most of us, literally and figuratively. It shows how little the conventional education system teaches us and how little the conventional knowledge contains about the reality of the universe, of what is important, of what is preferable. It makes you aware how blissfully ignorant we remain and waste the valuable life in the pursuit of the false, valueless, illusory objectives, forgetting our purpose in this world.

Paramhansa Yogananda quotes:

“So long as the soul of man is encased in one, two, or three body-containers, sealed tightly with the corks of ignorance and desires, he cannot merge with the sea of Spirit. When the gross physical receptacle is destroyed by the hammer of death, the other two coverings—astral and causal—still remain to prevent the soul from consciously joining the Omnipresent Life. When desirelessness is attained through wisdom, its power disintegrates the two remaining vessels. The tiny human soul emerges, free at last; it is one with the Measureless Amplitude.”

-Autobiography of a Yogi (Reprint of Original 1946 Edition), Yogananda, Paramhansa, page 391 | location 5984-5988

The book also shows through the personal experiences of the author and his Guru and other Yogis the ever-present love of the Allah Subhanahu Tayala, the God, throughout the universe, the love that sustains the universe, sustains the devotee.

It is above all things that I said, a book of love.

Goodreads.com: Abu Raihan Muhammed Khalid's Reviews > Autobiography of a Yogi

Book Review: In the Shadow of the Sword: The Birth of Islam and the Rise of the Global Arab Empire by Tom Holland

Book Review

In the Shadow of the Sword: The Birth of Islam and the Rise of the Global Arab Empire 
by Tom Holland 

Copyright © 2012 by Tom Holland, All rights reserved. Published in the United States by Doubleday, a division of Random House, Inc., New York, and in Canada by Random House of Canada Limited, Toronto. eISBN: 978-0-385-53136-8.

I was delighted at the beginning of the book seeing the ease with which Mr. Holland glides through the narrative. The opening of the book like a thriller, his mastery over the language and the smooth edges of the stories are all very delightful.

But after I came to about the half of the book I started to wonder was it not supposed to be a book on the history of Islam? Why are these mind boggling intricate details of the 4th, 5th century C.E. dynasties of Persia and Rome occupying the two thirds of the book then? I was getting impatient to get started with what the title of the book promised.

Then I became aware of the subtle indications throughout the book that tries rather to hurt the feelings of a Muslim, indications and suggestions such the Islamic source of law, the Sunnah or the Seerah, was actually the work of the newly converted Jew scholars of the famous Jew religious schools in Sura and Pumpedita in modern day Iraq and that the Hadith or the traditions that are attributed to the Prophet Muhammad SA were actually invented by the Jew scholar converts and then following their Jew system of referencing attributed those to the Prophet SA. This in addition to that the location of the Kaba, the House of Allah Sunhanahu Tayala, is not beyond controversy and may be the subject to error by an entire city, and that the Quran Majid that we have now may be not what the Prophet SA actually gave to the people, and attributing the Quran to the Prophet Sa instead of it being the words of Allah Subhanahu Tayala. In effect reducing the whole of Islam to a shadow of something that, at best, did not exist or worse created by the later Arab elites to justify their position in power.

Mr. Holland says:

"Fortunately for them, just across the mudflats from Kufa—where the yearning to forge a new understanding of Islam was at its most turbulent and intense—the perfect role models were ready to hand. The rabbis of Sura, after all, had been labouring for many centuries to solve precisely the sort of problem that now confronted the ulama."

He then cements the suggestion by stating:

"Was it merely coincidence, then, that the earliest and most influential school of Islamic law should have been founded barely thirty miles from Sura? It was in Kufa, at around the same time as Walid, far distant in Damascus, was building his great mosque, that Muslim scholars first began to explore a momentous proposition: that there existed, alongside the Prophet’s written revelations, other, equally binding revelations that had never before been written down. Initially, in the manner of rabbis citing their own masters, members of the ulama were content to attribute these hitherto unrecorded doctrines to prominent local experts; then, as time went by, they began to link them to the Prophet’s companions; finally, as the ultimate in authorities, they fell to quoting the Prophet himself directly. Always, however, by bringing these previously unrecorded snatches of the past—these hadiths—to light, Muslim scholars were following a trail that had been blazed long before. Islamic though the isnads were, they were also more than a little Jewish."

Note: Sura and Pumpedita are two places in Mesopotemia "on the western bank of the Euphrates", where "the rabbis of Mesopotamia, back in the time of Ardashir, had founded the famous yeshivas"  or “school,” with ambitions to change the world".

Abu Raihan Muhammed Khalid's Reviews > In the Shadow of the Sword: The Birth of Islam and the Rise of the Global Arab Empire

The Reasons behind the Mass Conversions to Islam in the Pre-colonial period [13th (?) to 18th Century C.E.] in Bengal.

Bismillahir Rahmanir Rahim

10.12.2017

"Traditions attributing the mass conversion of the people of a region to a specific saint may raise some doubt; one may even be tempted to interpret them as· a posteriori rationalization or explanation for the presence of so many. Muslims in a given area: throughout history, in biblical stories as well as in some accounts of World War II, popular mind shows a consistent tendency to ascribe· to individual personalities (heroes or villains) events or phenomena which actually resulted from complex factors through a long process. If it can ever be proved that such as the case of these traditions in Bengal, it would still be significant that the conversions were ascribed to the Sufies and not to other factors: it suggests that traditions may have merely amplified facts that actually happened in the life of the saints."

Source: Milot, Jean-René, The Spread of Islam in Bengal in the pre-Mughul Period, (1204-1538 A.D.) - Context and Trends. A thesis submitted to the faculty of Graduate Studies and Research in partial fulfilment of the Requirements for the degree of Master of Arts, Institute of Islamic Studies, McGill University, Montreal, January, 1970; downloaded from, and accessed on-line last on 02.12.2017 at, http://digitool.library.mcgill.ca, Pages 74.

Our comment:

It remains a statistical truth that the large number of population of the Bengal were found to be Muslims. The author, like many other, opined that the number of migrants were small. This live only a mass conversion to answer for the presence of the large number of Muslims in Bengal. If these conversions were not conducted by the Sufies as he is apparently inclined to believe, then who converted these people? We need to remember here that a person cannot become a Muslim without a formal act of conversion where a religious authoritative figure directs him formally to recite the Kalema of faith and thus become a Muslim.

If it were not the Sufies, than it has to be some other Muslim authority, such as the Imam in the nearby Mosque or an Ulama who has conducted the conversion. If that is the case, why there remains no mention of it in either popular literature or in official records?

If the people, arguendo, themselves changed their names and started to pretend that they were Muslims in order to gain favours of the Royal courts why such tendencies are not recorded anywhere? Besides, as it is suggested by this author and others that the conversions took place in the remote villages of Bengal, far away from the urban centres, how can it be assumed that these rural people living far away from the centres of power expected to gain royal favours by becoming Muslims? It is also important to remember that Bengal remains a rare example of Muslim expansion in the early period of Islam where the non-Muslims were not charged a Jizyah tax before the Mughals did that in the 16th century C.E, (see,interalia,Eaton, Richard Maxwell, The Rise of Islam and the Bengal Frontier, 1204-1760, University of California Press, 1993, limited preview at Google Books)

Millot, perhaps indirectly suggesting informal conversions without a conductor, stated previously that "(I)n modern context, the term "conversion" suggests adherence to a well defined ensemble of religious tenets and practices, implying the rejection of previous tenets and practices which do not figure in the newly adopted religion. But it seems that in the context of mediaeval Bengal, "conversion" did not imply the same clear-cut and totalitarian character: Islam, as propounded by the Sufis, especially in the rural areas, showed lees rigid and more permeable contours than lslâm as represented by the jurists and the ulama; moreover, the awareness of basic distinctions and oppositions between Islâm and 'Hinduism must have been less vivid at that time than it is to-day, after years of clashes between revivalist movements.", page 71, ibid.

But he stopped short of arriving at a direct conclusion on the above matter.

[Transliteration symbols not always copied in quotations.]

A Report of Our Advocacy Efforts for The Persecuted Rohingya Minority of Myanmar (2016-2017)

ADVOCACY REPORT

A Report of Our Advocacy Efforts for

The Persecuted Rohingya Minority of Myanmar

(2016-2017)[1]

Abu Raihan Muhammed Khalid, Barrister-at-Law

Advocate, Supreme Court of Bangladesh

www.raihankhalid.com

March, 2017

ADVOCACY REPORT:

A Report of Our Advocacy Efforts for the Persecuted Rohingya Minority of Myanmar (2016-2017)

March, 2017

Work in progress, incomplete. Draft Published on-line at https://www.researchgate.net/project/Advocacy-for-The-Persecuted-Rohingya-Minority-of-Myanmar

By Abu Raihan Muhammed Khalid, Barrister-at-Law

Advocate, Supreme Court of Bangladesh

322/2 Senpara Parbata, Mirpur-10, Dhaka – 1216

Bangladesh

Telephone: ++ 01715941751

Email: raihan.khalid@yahoo.com

www.raihankhalid.com

ResearchGate: Abu Raihan Muhammed Khalid

YouTube: StrongWater

Facebook: www.facebook.com/raihan11

LinkedIn: Abu Raihan M Khalid

Referred citation: Khalid, Abu Raihan Muhammed, A Report of Our Advocacy Efforts for the Persecuted Rohingya Minority of Myanmar (2016-2017), March, 2017, Dhaka.

Contents

Foreword

Executive Summery

Introduction

1. An Appeal to Dalai Lama

On November 24, 2016 I read the news article ‘Myanmar wants ethnic cleansing of Rohingya - UN official’ published by the BBC on November 24, 2016[2].

The persecution of the Rohingya people just across our border in Myanmar has been recurrent news in the media for the last few years. Horrific images of torture and killing were circulated in the social media. This latest news puts the event in a perspective, and that is the ethnic cleansing of the Rohingya people by the State of Myanmar.

In March 20, 2016 when the EU-Turkey Agreement on the Syrian Refugees became known we expressed our opinion that it violated the 1951 UN Convention on Refugees and the Geneva Conventions in our Blog[3]. With that experience in the back of our mind, this news gave us an impetus to think about the plight of the Rohingya people. We started to research about the state of the Rohingya people in Myanmar and soon we realised that the matter has indeed become one of the greatest offences against the humanity.

On December 07, 2016 based on our research on December 07, 2016 we decided to write an email to His Holiness Dalai Lama, the spiritual leader of the Buddhist people of Tibet and of the world. As it became clear that the atrocities caused against the Rohingya people by the State of Myanmar were caused from an ethno-religious perspective. The people of Myanmar are mostly Buddhist, and many Buddhist people, including Buddhist Monks reportedly took part in these atrocities against the Muslim Rohingya population.

Dalai Lama is one of my favourite living persons. I have read most of his books which propagate a peaceful and tolerant co-existence among, not only the human but, all living beings. This is the teaching of the Buddhist religion. It greatly confused me when it appeared that Buddhist people and even Buddhist Monks are taking part in atrocities against a poor minority population of their country, burning houses, killing people, raping women. This is clearly against the teachings of the Buddhist religion.

It came to my mind that what is happening in Myanmar is not natural to the Buddhist religion. I felt that it was necessary to inform the leader of the Buddhist people of these incidents and make an appeal to him and other leaders of human values to call upon the Buddhist people of Myanmar and their State to bring an end to these inhuman atrocities to the poor Rohingya minorities.

I wrote an email to Dalai Lama and Kofi Anan and to the relevant United Nations agencies the following email appeal:

1.      The Office of His Holiness the Dalai Lama (OHHDL): ohhdl@dalailama.com, webmaster@dalailama.com

2.      The British Broadcasting Corporation (BBC): haveyoursay@bbc.co.uk,

3.      The Independent newspaper, London: newsdesk@independent.co.uk,

4.      The Kofi Annan Foundation: info@kofiannanfoundation.org,

5.      The Office of the United Nations High Commissioner for Human Rights (OHCHR): InfoDesk@ohchr.org,

6.      OHCHR Civil Society Section, Office of the High Commissioner for Human Rights: civilsociety@ohchr.org,

7.      The Daily Star newspaper, Dhaka:  editor@thedailystar.net

DALAI LAMA! Please save the Rohingyas from the atrocities of the Buddhist people of Myanmar.

The Rohingyas of Myanmar are the world's most persecuted people.  Rejected by the country they call home and unwanted by its neighbours, the Rohingya are impoverished, virtually stateless and have been fleeing Myanmar in droves and for decades.

Kofi Annan, the former head of the United Nations, who leads a commission that was formed in August to study conditions in Rakhine[4], said in Myanmar on Tuesday that he was “deeply concerned” by reports of human rights abuses in the country’s restive Rakhine State, where dozens of Rohingya Muslims are said to have been killed since October in a crackdown by the military.

The international media has reported Video showing alleged site of mass murder of Rohingya Muslims by soldiers[5]. Activists have relayed stories of rapes, arson, targeted killings and other atrocities said to have been committed against the Rohingya there by the army since Oct. 9[6], when insurgents killed nine police officers in attacks on border posts.

When the global community is expressing their deep concern against these atrocities against the Rohingyas, the State of Myanmar and its current leader Aung San Suu Kyi’s failure to defend the Rohingya is extremely disappointing; an outrage, say some observers[7]. "The point is that Aung San Suu Kyi is covering up this crime perpetrated by the military"[8], said Tun Khin, who for years had supported her democracy activism.

Under these circumstances we call upon you as the humanitarian, spiritual and cultural leader of the conscious people of the world and of the Buddhist people to come forward in the aid of the persecuted Rohingya people of Myanmar; and also to call upon the Buddhist people of Myamnar and their leader Ms. Aung San Suu Kyi to bring an end to the atrocities against the Rohingya people.

We must act fast; because "people are dying day by day and time is running out[9]." And they need your help.

Abu Raihan Muhammed Khalid

On December 07, 2016 we published the above letter as an open letter in social media website Facebook: DALAI LAMA! Please save the Rohingyas from the atrocities of the Buddhist people of Myanmar[10].

On the same day we also published the open letter in our blog, The Curious Lawyer: DALAI LAMA! Please save the Rohingyas from the atrocities of the Buddhist people of Myanmar[11]!

2. A call to write to the United Nations

On December 11, 2016 we posted an appeal in Bangla language on our blog, The Curious Lawyer, inviting readers to write to the United Nations and other concerned international institutions to take actions to save the Rohingya people. We have provided the readers a text that can be used for their emails. We have also provided a list of the international organizations with email addresses to which they may make their appeal.

নিপীড়িত রোহিঙ্গাদের সাহায্য করুন! দালাই লামা ও জাতিসংঘকে চিঠি লিখুন[12]!

মিয়ানমারের রোহিঙ্গা মানুষেরা সে দেশের উগ্রবাদী বৌদ্ধদের হাতে হত্যা, ধর্ষণ, রাহাজানির শিকার হচ্ছে।

বৌদ্ধ ধর্মীয় নেতা দালাই লামা এবং জাতিসংঘের মানবাধিকার হাই কমিশনারের কাছে রোহিঙ্গাদের জন্য সাহায্য চেয়ে আমি নীচের এই চিঠিটি গত সাতই ডিসেম্বর ২০১৬ইং তারিখে লিখি।

আসুন, আমরা সবাই নিজেদের ইমেইল থেকে দালাই লামা ও জাতিসংঘের মানবাধিকার হাই কমিশনারের কাছে রোহিঙ্গাদের জন্য সাহায্য চেয়ে চিঠি লিখি। রোহিঙ্গাদের ওপর অমানবিক নির্যাতনের বিরুদ্ধে বিশ্ব জনমত গড়ে তুলি।

চিঠির একটি ভাষ্য আমি নীচে দিচ্ছি। এই ভাষ্য নকল করে আপনার ইমেইল থেকে ohhdl@dalailama.com; webmaster@dalailama.com; haveyoursay@bbc.co.uk; newsdesk@independent.co.uk; info@kofiannanfoundation.org; InfoDesk@ohchr.org; civilsociety@ohchr.org; editor@thedailystar.net ঠিকানাগুলিতে তা পাঠিয়ে দিন।

চিঠির ভাষ্যঃ Email dated December 07, 2016, at 11:38 AM, “DALAI LAMA! Please save the Rohingyas from the atrocities of the Buddhist people of Myanmar”.

গত বৃহস্পতি বার দিন (December 09, 2017) ৭০ জন ব্রিটিশ এমপি রোহিঙ্গাদের জন্য সাহায্য চেয়ে এক বিবৃতি প্রকাশ করেন।

পুনশ্চঃ গত ৮ই ডিসেম্বর ২০১৬ইং জাতিসংঘ একটি 'নোট টু করেস্পনডেন্স' প্রকাশ করেঃ Note to Correspondents: Statement by Mr. Vijay Nambiar, Special Adviser of the United Nations Secretary-General on Myanmar, 8 December 2016[13].

On December 11, 2016 we posted the same appeal in Bangla in Facebook: নিপীড়িত রোহিঙ্গাদের সাহায্য করুন! দালাই লামা ও জাতিসংঘকে চিঠি লিখুন[14]!

On December 13, 2016 we made the same appeal to the Asia-Europe People's Forum (AEPF), an interregional network of progressive civil society organisations across Asia and Europe and wrote the following email urging the members to write to the United Nations and other concerned international institutions to take actions to save the Rohingya people. We have provided the members with a text that can be used for their emails and the international organization with email addresses to which they may make their appeal.

Dear Friends

Greetings of the festive Winter from Dhaka, Bangladesh!

The Rohingya people of Myanmar are suffering unprecedented atrocities in the hands of the extremist Buddhist people in their own country.

In the light of the recent aggravation of these atrocities, I have made an appeal on the 7th December 2016 to the global leader of the conscious people of the world, DALAI LAMA, the UN Human Rights High Commissioner and the Global Media to come forward and call upon the Buddhist people in Myanmar and the State of Myanmar to bring an end to these atrocities against the Rohingya people.

The United Nations on 08th December called on to Ms. Aung San Suu Kyi in a 'Note to Correspondents: Statement by Mr. Vijay Nambiar, Special Adviser of the United Nations Secretary-General on Myanmar'[15]  to 'visit the Maungdaw and Buthidaung and reassure the civilian population there that they will be protected'.

On the same day 70 British MPs urged the UK government to ‘intensify pressure’ on the Myanmar government and allow full humanitarian access to Rohingya Muslims in the North Rakhine State of Myanmar'[16].

But the State of Myanmar is not taking any step to stop these atrocities.

In these circumstances, I urge all conscious members of this network to write to DALAI LAMA, the UN Human Rights High Commissioner and the Global Media to come forward and take steps to bring an end to these unprecedented atrocities against the most persecuted people of the world, the Rohingyas[17].

Please send an appeal to these email addresses: "ohhdl@dalailama.com" <ohhdl@dalailama.com>; "webmaster@dalailama.com" <webmaster@dalailama.com> "haveyoursay@bbc.co.uk" <haveyoursay@bbc.co.uk>; "newsdesk@independent.co.uk" <newsdesk@independent.co.uk>; "info@kofiannanfoundation.org" <info@kofiannanfoundation.org>; "InfoDesk@ohchr.org" <InfoDesk@ohchr.org>; "civilsociety@ohchr.org" <civilsociety@ohchr.org>; "editor@thedailystar.net" <editor@thedailystar.net. Please add more recipients if appropriate.

You may use the text of the appeals below, or create your own.

With best personal regards.

Abu Raihan Muhammed Khalid 

Barrister-at-Law, of Lincoln's Inn England; Advocate, Supreme Court of Bangladesh

3. Visit to Kutupalong Refugee Camp

We went to find out the location of the IOM Teknaf Field Office in Teknaf, Cox’s Bazar, Bangladesh on January 7, 2017. Before that on 3 January 2017 I left Dhaka for a short trip to the region and returned from the Saint Martin’s island to Teknaf on 07 January 2017. The IOM is the leading inter-governmental organization in the field of migration. It is supporting the Government of Bangladesh to increase access to healthcare services along with water sanitation and hygiene to the vulnerable Rohingya Refugees at formal and informal refugee Camps in the South Eastern Bangladesh, the Cox’s Bazar District. My Rakhaine friend who helped me find a hotel room in Teknaf introduced me to the local civil society- workers of NGOs, local community leaders and media personnel in the evening. I was told by the local media workers that IOM would be able to provide me with information regarding my visit to a Camp.

On the next morning, on 08 January 2017, I went to the IOM Teknaf office to find out more about the Rohingya refugees and situations of the refugee camps where the Rohingyas are living. I had brief meetings with two IOM Staff there, Mr. Kazal Kumar Bardhan, WASH Coordinator, IOM Field Office-Teknaf and Mr. Kishore George Palma, Admin and Finance Assistant of the IOM Field Office –Teknaf. The IOM Office refused to give us any information whatsoever. I requested to give their refusal in writing so that I may pursue an appeal against this decision to a higher authority of the IOM. The IOM Staff protested saying that I did not make the request in writing. Therefore, I wrote a request application at once and gave it to him. The application read as follow:

Date: 08.01.2017

To

In charge

IOM Field Office, Teknaf

Holding No. 100, Main Road

KK Para, Teknaf

Cox’s Bazar, Bangladesh

Subject: IOM services provided to the Refugees in this area.

Dear Sir/Madam

I am a Lawyer & Advocate of the Supreme Court of Bangladesh. I am doing a research on the refugees in this area as a part of my advocacy programme. For that purpose I would like to know what services IOM is currently providing to the refugees and the number and status of the refugees. I would appreciate any help in this regard.

With regard.

(Signed)

Abu Raihan Muhammed Khalid

Of Lincoln’s Inn Barrister-at-Law; Advocate, Bangladesh Supreme Court.

322/2 Senpara Parbata, Mirpur-10, Dhaka-1216

Tel: 01715941751

Email: raihan.khalid@yahoo.com

The IOM Staff refused to receive the application and at this point retracted from his position and refused to give their decision not to provide any information in writing. Further details of this visit to the IOM Teknaf office are stated in the Report below, ‘Rohingyas at Kutupalong: A Story of Hope and Despair’.

On January 8, 2017 we visited the Kutupalong Refugee Camp in Ukhia, Cox’s Bazar, Bangladesh. After leaving the IOM Teknaf office we started for Kutupalong refugee camp, the largest of such camps in Bangladesh to see the situations of the Rohingyas. We have spent the good part of the day there observing the situation, interviewing some Refugees, taking photographic evidence. Details of the visit are in the Report ‘Rohingyas at Kutupalong: A Story of Hope and Despair’ below.

4. Message from Kutupalong

During our visit to the Kutupalong Refugee camp, in Cox’s Bazar district of Bangladesh on 08^th January 2017 we have recoded video images of the Rohingya people living in the Camp. We have interviewed a few of the Refugees. We have transcribed the interviews in the video images and published the video evidence at the video-sharing website YouTube and to the business and employment oriented social networking website LinkedIn on January 20, 2017. Following is the list of the video images and transcription with their links to the web location:

1. Rohingya Refugee Dil Mohammed tells his story[18].
2. Rohingya Refugee Sikander tells his story. Refugee Camp, Kutupalong, Cox's Bazar, Bangladesh[19].
3. Rohingya Refugee Sirajul Islam tells me that his house in Myanmar was burnt by the Military[20].
4. A day Inside the Kutupalong Camp: one refugee shows his broken leg[21].
5. The alleyway of Hope and Despair: A view of the refugee huts lining on both sides of the passage[22].
6. A Market in the Kutupalong Refugee Camp, Cox's Bazar, Bangladesh[23].
7. Rohingyas cultivate Vegetable in land rented from Bangladeshis[24].
8. Man cutting side of a hill inside Kutupalong Refugee camp, Cox's Bazar, Bangladesh[25].
9. Erased Hills and broken huts: Rohingyas rebuild huts previously destroyed by the Bangladesh DoF[26].
10. The windy hilltop, an old Mosque and a tiny shop: Rohingya Refugee Camp, Kutupalong[27].

On January 21, 2017 we posted the following video image with transcript at our Blog:

Rohingya Refugee Dil Mohammed tells his stories: Rohingyas are starving at Kutupalong Refugee Camp, Bangladesh[28].

On January 21, 2017 we posted the following video image in Facebook:

Rohingya Refugee Dil Mohammed tells his story[29].

Rohingya Refugee Sirajul Islam tells me that his house in Myanmar was burnt by the Military[30].

On January 21, 2017 we sent the video image of the following interview with transcription in English language to the United Nations agencies related to the refugees and human rights, several other international institutions and press and electronic media both in Bangladesh and abroad.

“Rohingya Refugee Dil Mohammed tells his stories: Rohingyas are starving at Kutupalong Refugee Camp, Bangladesh”

1. The Office of the United Nations High Commissioner for Human Rights (OHCHR): infodesk@ohchr.org,
2. dspalthoff@ohchr.org,
3. Forum on Minority Issues, the Office of the United Nations High Commissioner for Human Rights (OHCHR): minorityissues@ohchr.org,
4. OHCHR Civil Society Section, Office of the High Commissioner for Human Rights: civilsociety@ohchr.org,
5. Australia for UNHCR: info@unrefugees.org.au,
6. UNHCR Office for Switzerland and Liechtenstein: SWIGE@unhcr.org,
7. United Nations Refugee Agency, Bangladesh: BGDCO@unhcr.org,
8. The UNHCR Representative in Myanmar: MYAMY@unhcr.org,
9. National Human Rights Commission Bangladesh: nhrc.bd@gmail.com,
10. The British Broadcasting Corporation (BBC): haveyoursay@bbc.co.uk, yourpics@bbc.co.uk,
11. The Daily Samakal newspaper, Dhaka, Bangladesh.
12. The New Nation, newspaper, Dhaka, Bangladesh.
13. Bdnews24. Com news service, Dhaka, Bangladesh.
14. The Daily Ittefaq newspaper, Dhaka , Bangladesh.: editor@clickittefaq.com,
15. The Financial Express newspaper, Dhaka, Bangladesh.: editor@thefinancialexpress-bd.com,
16. The Daily Prothom-alo newspaper, Dhaka, Bangladesh.: editor@prothom-alo.com,
17. NTV satellite television channel Dhaka, Bangladesh.
18. Mohona TV, satellite television channel Dhaka, Bangladesh.
19. Desh TV, satellite television channel Dhaka, Bangladesh.
20. Ekushey Tv satellite television channel Dhaka, Bangladesh.  
21. SA TV satellite television channel Dhaka, Bangladesh.
22. My TV satellite television channel Dhaka, Bangladesh.
23. New Yorker Magazine, New York City, New York, U.S.A.: themail@newyorker.com,
24. The New York Review of Books (NYRB),   New York City, U.S.A.: editor@nybooks.com,
25. The Daily Janakantha Newspaper, Dhaka, Bangladesh.
26. Reuters News Agency India, New Delhi, India: delhi.newsroom@reuters.com,
27. RTV satellite television channel Dhaka, Bangladesh: newsroom@rtvbd.tv,
28. The Independent newspaper, London: newsdesk@independent.co.uk,
29. The Washington Post Newspaper, Washington, D.C., U.S.A.: foreign@washpost.com

Transcription of the video image:

Video images taken on the 8th January, 2017 at Rohingya Refugee Camp, Kutupalong, Teknaf, Cox's Bazar, Bangladesh:

Rohingya Refugee Dil Mohammed tells his story[31]

Rohingya people of the Myanmar have started arriving as refugees to Bangladesh in the early 1990s. They are still arriving in great numbers.

The last big arrival was caused by the atrocities that took place in October 2016, ohchr.org[32]; CNN[33]; time.com[34]; bbc.com[35].

These refugees who arrived following the last wave of atrocities in October 2016 have received very little or no any assistance from the UNHCR[36], IOM[37], the Government of Bangladesh or any other organization.

They are starving. Living in dismal conditions, suffering from injuries inflicted by the Myanmar Military.

They desperately need help from the international community.

In this video Rohingya Refugee Dil Mohammed tells me that he arrived at this Camp 10/15 days ago. When they were attacked, they left the home at once; there was no time even to close the doors. He could not bring any money with him, not even the clothes, he tells me.

He arrived by walking through the hilly forests that separates Myanmar and Bangladesh. It was horrible, he tell me. His entire family could not come with him. Some of his children are still behind, but they are alive, he says.

They are eight now in his family in Kutupalong Camp. He did not receive any help, food or otherwise, from anybody yet. He does not know if any help is given at the Camp by the Govt. or by any NGOs. He received no information.

I told him that many NGOs have their offices at the nearby Kutupalong Bazar. Did he try to get any help from there? He said he tried once or twice, but could not get through the big crowd of people there. He adds that he felt embarrassed to look for food from people. He was a well to do farmer in Myanmar.

I asked him if the refugees who came earlier are helping the newcomers with information. He said no. I had a volunteer with me who is also a Rohingya refugee who came some months ago. He confirmed that there is no such organized effort among the old refugees in the Camp to help the new comers with information. 

This is important because although these Rohigya people speak a distant dialect of Bengali, their language quite different from the language of the local population. Besides, they do not know the locality, or the governance structure of Bangladesh. They are also in severe distress.

No Govt. or non-Govt. organization came to register him as a refugee.

He and his family are going through severe hardships. The night before our conversation the family had boiled rice with a green chilli chatni. They had no food that day up to the time when we had the conversation, around 12.55 pm.

Reported by:

Abu Raihan Muhammed Khalid

On January 21, 2017 we posted the above video and seven other videos with English transcription to Facebook:

Rohingya Refugee Dil Mohammed tells his stories: Rohingyas are starving at Kutupalong Refugee Camp, Bangladesh[38].

-------------------------------------------------------------------------------------------

Video images taken on the 8th January, 2017 at Rohingya Refugee Camp, Kutupalong, Teknaf, Cox's Bazar, Bangladesh:

1. Rohingya Refugee Dil Mohammed tells his story[39].

Rohingya people of the Myanmar have started arriving as refugees to Bangladesh in the early 1990s. They are still arriving in great numbers.

The last big arrival was caused by the atrocities that took place in October 2016, ohchr.org; CNN; time.com; bbc.com

These refugees who arrived following the last wave of atrocities in October 2016 have received very little or no any assistance from the UNHCR, IOM, the Government of Bangladesh or any other organization.

They are starving. Living in dismal conditions, suffering from injuries inflicted by the Myanmar Military.

They desperately need help from the international community.

In this video Rohingya Refugee Dil Mohammed tells me his story.

More stories from Kutupalong Refugee Camp
---------------------------------------------------------------

2. Rohingya Refugee Sikander tells his story. Refugee Camp, Kutupalong, Cox's Bazar, Bangladesh[40].

In this video we see Rohingya Refugees are erasing parts of hills in order to make room for building new huts. Bangladesh Government destroyed some of the huts built earlier, but they are building again. In reply to my question Sikander, a Rohingya Refugee who came 10/15 days earlier said there is no other place to build a hut around here. The hills are the only place not occupied by the Bangladeshi people. Sikander told me that he is now living in his relative's hut. His relatives are also refugees in this Camp who came earlier. His relatives are also paying for his hut, which is being built behind him. He does not whether the Government of Bangladesh is providing any food or other help. Nobody gave him any information.

3. Rohingya Refugee Sirajul Islam tells me that his house in Myanmar was burnt by the Military[41].

In this video we see numerous new makeshift huts built on hillsides.

This Refugee, Sirajul Islam, tells me that his house in Myanmar was burnt by the Military.

He received 25 Kilograms rice from the Government of Bangladesh. He does not know if there will be more help later. He was not registered as a refugee at the Camp, no paperwork whatsoever was done. He collected the rice in exchange of a token which was given earlier by a 'Majhi', a community leader, in the Camp.

Nobody gave him any information regarding how he may register himself as a refugee so that he may receive more assistance. His fellow refugees are themselves in great distress, he tells me, and are unable to help.

4. Views from the Kutupalong Refugee Camp, Cox's Bazar, Bangladesh[42].

5. Erased Hills and broken huts: Rohingya Refugee Camp, Kutupalong[43].

In this video we see huts built by the Rohingya Refugees are destroyed by the Department of Forest, which manages this area.

6. A section of the Kutupalong Refugee Camp[44].

This video shows a section of the Kutupalong Refugee Camp in Cox's Bazar, Bangladesh. This section of the Camp has both old and new refugees; some are living in this Camp for 15 to 20 years. We see a Mosque built for the old refugees.

In the last part of this video clip we see a refugee opened a tiny shop on a table top catering for other refugees. He is selling lozenges, biscuits, carbonated bottled drinks etc.

7. A Market in the Kutupalong Refugee Camp, Cox's Bazar, Bangladesh[45].

8. A day Inside the Kutupalong Camp: one refugee shows his broken leg[46].

We distribute some rice among the newly arrived refugees. One refugee shows me his broken leg in braces. Military broke his leg with a rod, he says. He treated the broken leg with brace in Bangladesh. He did not receive any medical assistance from anybody in this Camp.

9. Man cutting side of a hill inside Kutupalong Refugee Camp, Cox's Bazar, Bangladesh[47].

A man is cutting the side of a hill inside Kutupalong Refugee camp. It is not clear whether he is a refugee or a local Bangladeshi. There are rice fields behind him planted by the locals Bangladeshis.

On January 24, 2017 we posted a collection of photographic images taken at the Kutupalong Refugee Camp, Cox’s Bazar at Facebook:

‘Kutupalong: An Offence Against Humanity,’[48] Stories from the largest Refugee Camp in Bangladesh- Kutupalong, Cox's Bazar. A collection of photographic images taken at the Kutupalong Refugee Camp, Cox’s Bazar, Bangladesh on 08 January, 2017.

5. The Report: Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time

On January 25 2017 we wrote an email to the United Nations agencies related to refugees and human rights and several other international and Bangladeshi intergovernmental, non-governmental and private establishments related to human rights advocacy and media with our Report “Rohingyas at Kutupalong: A Story of Hope and Despair- Story of the most unfortunate people of our time” dated 25.01.2017.

“Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time”

1. The Office of the United Nations High Commissioner for Human Rights (OHCHR): infodesk@ohchr.org,
2. dspalthoff@ohchr.org,
3. Forum on Minority Issues, the Office of the United Nations High Commissioner for Human Rights (OHCHR): minorityissues@ohchr.org,
4. OHCHR Civil Society Section, Office of the High Commissioner for Human Rights: civilsociety@ohchr.org,
5. Australia for UNHCR: info@unrefugees.org.au,
6. UNHCR Office for Switzerland and Liechtenstein: SWIGE@unhcr.org,
7. United Nations Refugee Agency, Bangladesh: BGDCO@unhcr.org,
8. The UNHCR Representative in Myanmar: MYAMY@unhcr.org,
9. National Human Rights Commission Bangladesh: nhrc.bd@gmail.com,
10. The British Broadcasting Corporation (BBC): haveyoursay@bbc.co.uk, yourpics@bbc.co.uk,
11. The Daily Samakal newspaper, Dhaka, Bangladesh.
12. The New Nation, newspaper, Dhaka, Bangladesh.
13. Bdnews24. Com news service, Dhaka, Bangladesh.
14. The Daily Ittefaq newspaper, Dhaka , Bangladesh.: editor@clickittefaq.com,
15. The Financial Express newspaper, Dhaka, Bangladesh.: editor@thefinancialexpress-bd.com,
16. The Daily Prothom-alo newspaper, Dhaka, Bangladesh.: editor@prothom-alo.com,
17. NTV satellite television channel Dhaka, Bangladesh.
18. Mohona TV, satellite television channel Dhaka, Bangladesh.
19. Desh TV, satellite television channel Dhaka, Bangladesh.
20. Ekushey Tv satellite television channel Dhaka, Bangladesh.  
21. SA TV satellite television channel Dhaka, Bangladesh.
22. My TV satellite television channel Dhaka, Bangladesh.
23. New Yorker Magazine, New York City, New York, U.S.A.: themail@newyorker.com,
24. The New York Review of Books (NYRB),   New York City, U.S.A.: editor@nybooks.com,
25. The Daily Janakantha Newspaper, Dhaka, Bangladesh.
26. Reuters News Agency India, New Delhi, India: delhi.newsroom@reuters.com,
27. RTV satellite television channel Dhaka, Bangladesh: newsroom@rtvbd.tv,
28. The Independent newspaper, London: newsdesk@independent.co.uk,
29. The Washington Post Newspaper, Washington, D.C., U.S.A.: foreign@washpost.com
30. International Organization for Migration (IOM): hq@iom.int
31. IOM Regional Office for Asia and the Pacific, Bangkok, Thailand: ROBangkok@iom.int
32. International Organization for Migration (IOM), Dhaka Office, Dhaka, Bangladesh: IOMDhaka@iom.int.
33. International Organization for Migration (IOM) Country Office Japan with Resource Mobilization Function, Tokyo, Japan: iomtokyo@iom.int
34. International Organization for Migration (IOM) Malaysia, Kuala Lumpur, Malaysia: Iomkualalumpur@iom.int,
35. Mission of the International Organisation for Migration, London, United Kingdom: iomuk@iom.int,
36. Rohingya Vision TV, www.rvisiontv.com: editor@rvisiontv.com, info@rvisiontv.com,
37. Al Jazeera Satellite television network, Doha, Qatar: info@aljazeera.com,
38. Kaladan Press Network (KPN), www.kaladanpress.org: info@kaladanpress.org, fayasamed@gmail.com,
39. General Assembly and ECOSOC Affairs Division, General Assembly of The United Nations, UN Headquarters, New York City, U.S.A.: muturi@un.org,
40. General Assembly Secretariat, General Assembly of The United Nations, UN Headquarters, New York City, U.S.A.: poliakova@un.org,
41. The United Nations Department of Economic and Social Affairs (UN DESA), New York City, United States of America: migrationp@un.org,
42. The Independent Newspaper, London, United Kingdom: newsdesk@independent.co.uk,
43. The Hindu daily Newspaper, Chennai, India: letters@thehindu.co.in,
44. Bangladesh Legal Aid and Services Trust: BLAST, Dhaka, Bangladesh: mail@blast.org.bd,
45. Dr. Kamal Hossain, Bangladeshi jurist, statesman, politician and freedom fighter, Dhaka, Bangladesh.
46. Association for Land Reforms and Development (ALRD), Dhaka, Bangladesh.
47. Bangladesh Environmental Lawyers Association (BELA), Dhaka, Bangladesh.

This is a story of the most unfortunate people of our time. 

Their own country rejects them. The country they came in denies them.

This is a story of the Rohingya refugees living in Kutupalong Refugee Camp in Cox's bazar District, Bangladesh. I have visited the Camp on 8th January 2017 and taken photos and videos of the situation there. I have already sent some of that content to many of you. Some of the video images you may have seen in my last email.

This feature contains a harrowing tale of the miseries the Rohingya people going through even inside Bangladesh. Nobody knows how many of them are in Bangladesh, because nobody went to register or count them. Nobody knows how they are doing, because nobody went there to ask them.

This is my personal attempt to tell the stories of this most unfortunate people of our time. Their own country rejects them. The country they came in denies them.

Note: If you find it difficult to download the annexed document, please use the text in the email.

Rohingyas at Kutupalong: A Story of Hope and Despair

A round the clock narrative of the Refugee Camp.

Abu Raihan Muammed Khalid

8.12 am: I arrived at the International Organization for Migration (IOM) Office in Teknaf, Cox’s Bazar.

I arrived here in Teknaf the evening before from St. Martin’s Island, a nearby coral island and popular holiday destination. I have come to see for myself the condition of the Rohingya Refugees who are living in Bangladesh. I spent the later part of the last evening discussing with the local media workers the whereabouts of the Rohingya refugee Camps and how best to visit one.

A new wave of Rohingya refugees are arriving following the latest wave of atrocities caused by Myanmar since October 2016. Human Rights Watch New York reported on November 21, 2016 that “new satellite imagery of Burma’s Rakhine State shows 820 newly identified structures destroyed in five different ethnic Rohingya villages between November 10-18, 2016”[49]. The day after I visited Kutupalong Rohingya Refugee Camp the New York Times published ‘There Are No Homes Left’: Rohingya Tell of Rape, Fire and Death in Myanmar[50].

It’s a grim, frustrating picture.

Fortunately, I had a friend at the town from my University days who introduced me to the people who might be able to help me. My friend showed me where the IOM office is so that I can come here by myself in the early morning.

Photograph 1: Entrance of the International Organization for Migration (IOM) Office, Teknaf, Cox's Bazar, Bangladesh. Photo: Author

Photograph 2: Main Entrance of the International Organization for Migration (IOM) Office, Teknaf, Cox's Bazar, Bangladesh. Photo: Author

Three nights ago I went through Teknaf to the St. Martins Island. On the very first morning when I came out of the Mosque in the centre of the town after saying my morning prayer a man approached me. He looked like an educated well to do local young man. But he told me that he is a Rohingya and arrived here some days ago from Myanmar. He has relatives living in Bangladesh, and will join them soon.

During my visit in the scenic St. Martin’s Island only a couple of hour ferry ride away from the Teknaf peninsula I met another Rohingya who was a waiter in a restaurant I had dinner. He told me his mother is from the Island and he came to live in with his maternal relatives some years ago. He did not have any Bangladeshi identity papers, or any papers whatsoever. In fact I was told that about 20% of the inhabitants of St. Martin’s island are Rohingyas, arrived in fishing boats and trawlers without ever encountering an immigration post.

I assume that there will be a good many Rohingyas living in Teknaf town and in the surrounding area as well. Since the dialect they speak is somewhat similar to that of Teknaf, and the physical appearance is undistinguishable from the Teknaf population, it is very hard to identify one just by looking at or talking to. It only adds to the problem that Rohingyas, fearing push back or general persecution from certain section of the Bangladeshis, would try to hide their Rohingya identity. It needs to be mentioned that the official Bangladeshi position is to push back the current onslaught of the Rohingyas in order to discourage further migration. For one reason Bangladesh already have a very large number of Rohingya refugees living in the country.

The IOM is the leading inter-governmental organization[51] in the field of migration. It is supporting the Government of Bangladesh to increase access to healthcare services along with water sanitation and hygiene to the vulnerable Rohingya Refugees at formal and informal refugee Camps in the South Eastern Bangladesh, the Cox’s Bazar District. I was told by the local media workers that IOM would be able to provide me with information regarding my visit to a Camp.

The IOM Office Teknaf does not have a signboard at the entrance of the property it is located in, as can be seen from Picture No. 2 above. It does have a small stainless still sign post at the door of the building it is housed in, which is behind the first building in the walled property. We were told about this location by a Taknaf man who runs a community radio. But on arrival last evening I became confused. In my mind I thought an International Organization working for a vulnerable group must have a large openly visible sign board declaring a reassuring bold presence. There is no signboard on the entrance of the property at all.

We entered the empty deserted-looking property and seeing no signs or people I started calling for any people who may be present there; a guard or an attendant. But nobody replied. We decided this could not be the IOM office and went to find a local man who can help us find it. The man guided us into the same property and confirmed that this is indeed the IOM Teknaf office. That evening I turned down a dinner invitation from my friend in order to be able to wake up early to prepare for the day. I went to bed right after an early dinner at a local restaurant.

At my arrival at 8.12am I found the Guard of the office and a woman sweeping the floors of the office. I told the Guard that I wanted to meet the Manager or the person in charge of the office. He said no body has arrived yet and indicated that I leave. But I did not want to leave and asked if I could wait there. He agreed and I signed into the visitor’s register. About half an hour later of the usual office time, according to the Guard, a woman arrived complaining about the smell on the staircase. Indeed, I too noticed a very strong unpleasant smell coming from perhaps a rotting rat. Slowly more people arrived and one person asked me what I wanted.

I introduced myself and told him that I wanted to know about the Rohingya refugees. He said that they are working with the Rohingyas in at least three distinct locations; Lyada, Kutupalong and Noyapara. But he cannot give me any information. I wanted to see the Manager and he told me that there is no head of this unit; everybody is doing their own work. But then another person, a relatively older person, came to talk to me.

He too said that they cannot give me any information regarding the number of the Rohingya refugees, or an estimate of their number, or what different sort of services IOM is providing them. The elder person then left me as he had to go to one of the Camps. I asked if there is any printed literature regarding IOM’s activities in that area that he may give me, and the first person gave me a printed page. This later turned out not to an IOM literature but Government of Bangladesh’s Strategy regarding the Myanmar Refugees and unregistered citizens, which at one corner has an IOM emblem.

I was surprised by this refusal. Rohingya refugees are not any new or secret matter. The newspapers are regularly publishing their news. What could be the reason behind this refusal by an international organization to give any information? My training as a Barrister in the UK indicated that I should get the refusal in writing. I requested the person to give me the refusal in writing; he said that I did not make any request in writing so how should he give the refusal in writing. I wrote an application requesting to know about the Rohingyas IOM is working with.

The IOM employee now refused to accept the application or to reject the request in writing departing from his previous position. He said I needed to speak with the information officer and gave me a telephone number. We called that number from his mobile telephone and a person in Cox’s bazar answered the phone. He was in great hurry. He kept telling me that he was in a meeting and I needed to say what I wanted to say quickly. On enquiry however, he said that he is the coordination officer and the information officer is stationed in the Capital Dhaka. I took the telephone number and address so that I contact the office later.

I requested as a last resort if I could travel along with him when he told me that he is now going to visit a Camp and he said no. I could use some help as I did not know where the Camp is and how to go there. When I was leaving the office I took some photograph with the permission of the security guard.

Today on 24^th January ’17 I have searched using Google to learn more about what IOM does about the Rohingyas in Bangladesh. They have a website for Bangladesh[52], and apparently publish Newsletters. I searched the site and found one item containing the term ‘Rohingya’[53], and about four more items about ‘Myanmar Nationals’[54]. None of these are from 2016 or 2017.

I have found two issues of the Newsletter on the website, one is the Issue 2, 2014, and the other one is Issue 1 2016. The 2014 issue[55] has one item of news about “Myanmar Refugees and Undocumented Myanmar Nationals living in Bangladesh”. The 2016 issue[56] has nothing on Rohingya issue.

The use of the term ‘Rohingya’ in related literature is important. “Myanmar is seeking the ethnic cleansing of the Muslim Rohingya minority from its territory”[57], a senior UN official has told the BBC. In December 2016 Malaysia has accused Myanmar of engaging in "ethnic cleansing" of its Rohingya Muslim minority[58]. A Myanmar refugee other than a Rohingya has never been reported in Bangladesh.

The common identity of all these refugee victims characterizes these atrocities as ethnic cleansing, an offence against humanity. In a case of ethnic cleansing the ethnic identity of those persecuted is of great importance.

That is why it is extremely important to refer to them in their ethnic identity Rohingya every time we mention them. This is as important for human rights advocates as for the United Nations legal systems.

So why IOM is not using ‘Rohingya’ to refer to these refugees? The Rohingyas themselves see this as a major problem, so do the human rights advocates. Integrated Regional Information Networks IRIN reports that “Myanmar rejects their citizenship and their name itself[59], and recently condemned[60] UN Secretary-General Ban Ki-moon for saying "Rohingya" during the November Association of Southeast Asian Nations summit in Myanmar”[61].

Focusing on the problem in hand, I remembered a conversation I had with an IOM Volunteer at St. Martin’s Island during my stay there and also on the previous evening over telephone. He suggested that instead of consulting the office I visit a Camp myself on my own.

I asked the shopkeepers at the bus station about the bus for Kutupalong Camp and with their advice I boarded a bus. I fell asleep in the bus, I was exhausted. About an hour later I was at Kutupalong Bazar, and entered the first tea stall that I saw for a cup of tea and some snack. I felt better soon and approached the two young men standing nearby, if they could work as my guide in the Kutupalong Refugee Camp. The shop owner soon intervened and told me that these young men would not be very helpful, for one reason one of them is a Rohingya himself and does not understand the standard form of Bangla language I speak. I requested him to arrange me a guide. He did help me and a man sitting in the same tea stall stood and came near me. I paid my bill and soon we started afoot towards the Camp, which is only half a kilometer from the Bus station.

11.45 am: Kutupalong Camp

Photograph 3: Solar Street Lights in Kutupalong Refugee Camp. Photograph taken on 08 January 2017 by this author.

We arrived at the Camp around half past eleven. At first sight it reminded me of the tea garden’s workers colony in Sylhet, Bangladesh that I visited in my student days. It’s not that bad a place, you might think at first. The roads are clean earthen roads; no garbage littered on the sides of the house, there is solar light on the street which imports an air of modern sustainability. This picture shows bean and pumpkin vines on the roof of the hut; a sign of resilience of the inhabitants. This part of the Camp is old. The inhabitants arrived some years ago, some even 20 years ago, when the crisis first began in Myanmar. They have made the Camp their home.

Photograph 4: Water and Sanitation facilities at Kutupalong Camp. Photo Credit: Author

Photograph 5: Water and Sanitation facilities at Kutupalong Camp. Photo Credit: Author

The inhabitants get their water from tube wells installed by the various aid agencies. This one in the picture No. 4 has IOM[62], SIDA[63] and USA[64] emblem marked on the foundation. The Camp is located on hilly forests. There are no water sources around. The low grounds between the hills that accumulated some rain water are now dry in this winter. There is also bathroom and latrines, three units together, beside the tube well, provided by the Central Emergency Response Fund of the UN, IOM-OIM and USA through a local NGO SHED[65]. People are collecting water from the tube well for domestic use.

Photograph 6: A boy standing in front of a line of huts in Kutupalong. 08 January 2017. Photo: Author

But the scenario changes fast. Once inside the Camp we see lines of huts built mainly with shards of polythene paper and few tree branches on bamboo structures. The tree branches are not the usual coconut, betel nut or date branches that are often used on roofs in these parts. These are taken from some wood trees from the surrounding thin forest and are not suitable for the purpose.

These huts are much worse than the first few we saw at the entrance of the Camp. They are one room accommodations of about 7 square feet for one family. Rohingyas have large families. Number of the family members can be up to 8 members or more. The beginning of January was mildly cold, but in a cold whether the huts would provide little protection from the cold or from the rain in the coming monsoon. We see one family planted a vegetable vine next to the hut’s door. They inhabitants of this hut are here for at least a few weeks.

Photograph 7: A Man standing in front of a hut answering our questions. 08 January 2017. Photo: Author

We started to talk to the residents of the Camp. A man comes out of a hut. He tells us that they came here about 20 days ago. They are part of the latest wave of the refugees that came in to Bangladesh following the last major atrocities that began in October 2016.

Photograph 8: Kutupalong Camp has grown inside a thin planted forest. Photo: Author

The Camp is located[66] inside a thin planted forest on the west side of the Cox’s Bazar Teknaf highway in Ukhia Upajila (Sub-district) of Cox’s Bazar District. To its west lie vast hilly forests that end on the popular beach resorts of Inani on the Bay of Bengal.

Photograph 9: Banana field inside the Camp. Photo: Author

The plane land of the surrounding area is occupied by the Bangladeshi people. There are patches of rice fields, vegetable and fruit orchards like the one in Photograph 9 above in between the hills, cultivated by the Bangladeshi people. The same sorts of encroachments in forests are seen in all parts of the country.

Photograph 10: These latrines and water fountains are not as good as the ones near the entrance. Photo: Author

Although the tube well, bath rooms and the latrines that we saw near the entrance were made of bricks and corrugated tins, we see latrines made with bamboo walls and polythene roof on an earthen foundation as we progress. The initial impression of the Camp being a quiet modern sustainable place soon fades away. I could not find any emblem of any international or national aid agency on these facilities as we have seen on the better ones near the entrance. It is possible that the UN, IOM-OIM, USA and SIDA which assisted building the facilities near the entrance did not provide assistance for building these not so good ones.

Photograph 11: A Mosque with loudspeakers; dilapidated huts on the side of the hill. Photo: Author

The Rohingyas are all Muslims. Mosques with brick walls, tin roofs and loud speakers are seen frequently beside the dilapidated and unrecognisable living quarters. While we appreciate the good intentions, these relatively better looking Mosques help bring a quick consolation to the onlookers mind; just like the solar panels, street lights and the better sanitation facilities near the entrance. These are the images that will linger in the mind of a visitor long after leaving the Camp, not the 7 square feet excuses for houses, or the lives of their inhabitants.

12.15 PM: Rohingya Refugee Sikander tells his story. Refugee Camp, Kutupalong, Cox's Bazar, Bangladesh[67]

In this video we see Rohingya Refugees are erasing parts of hills in order to make room for building new huts. Bangladesh Government destroyed some of the huts built in this area earlier, but they are building again.

In reply to my question Sikander, a Rohingya Refugee who came 10/15 days earlier said there is no other place to build a hut around here. The hills are the only place not occupied by the Bangladeshi people.

Sikander told me that he is now living in his relative's hut. His relatives are also refugees in this Camp who came earlier. His relatives are also paying for the construction of his hut, which is seen being built behind him. He is certainly lucky to have relatives who are so helpful.

He does not whether the Government of Bangladesh is providing any food or other help. Nobody gave him any information.

12.18 pm: The windy hilltop, an old Mosque and a tiny shop: Rohingya Refugee Camp, Kutupalong[68]

This video shows a section of the Refugee Camp which has both old and new refugees; some are living in this Camp for 15 to 20 years. We see a Mosque built for the old refugees.

There are also new houses being built on the top of the hill. Bamboo structures are rising on bare sandy ground. The wind is quite strong on the hilltop. Vast expanse of the surrounding area was visible from this point. Yellowish brown bare sandy ground dotted with numerous shabby refugee huts as far as eyes goes. A line of hills and mountains are on the eastern horizon. That is Myanmar, only about few miles away, where these Rohingyas came from crossing the River Naf.

In the last part of this video clip we see a refugee opened a tiny shop on a table top catering for other refugees. He is selling lozenges, biscuits, carbonated bottled drinks etc. Their resilience is inspiring.

12.19: Erased Hills and broken huts: Rohingyas rebuild huts previously destroyed by the Bangladesh Department of Forest[69].

In this video we see the Bangladesh Department of Forest, which manages this area, destroyed huts built by the Rohingya Refugees. Rohingyas are now rebuilding huts in the same location. The ground is visibly erased; it is not unlikely that there were trees standing on this location before.

Photograph 12: Environmental Campaign by the Aid Agencies. Photo: Author

Prominent emblems of ACF International, USA and EU are seen on large billboards dedicated to environmental awareness of the residents of the Camp. The one in the Photo No. 12 tells to dispose of the waste into garbage bins. Although we did not see any garbage bins in the Camp. We did not see the entire of it, which is true.

Photograph 13: Some more huts, a pair of solar panel on top of one. My two guides are seen standing on the left side. Photo: Author

The guide who accompanied me is seen standing on the left in white lungi and blue shirt. The man standing next to him in a white shirt is a resident refugee of the Camp who arrived some years ago. He volunteered to show me around the Camp and hushed into my ear a few times that my guide is trying to shorten my tour so that I do not see the most of the Camp. The houses in this section of the Camp are made of mud walls and roof made of polythene shards. The next monsoon will be a trying time for the inhabitants.

Photograph 14: Corridors are not that clean inside the Camp. Photo: Author

The corridors seen in Photo 14 are dirty, wet in places even in dry winter. It appears that there is no place near to dispose of the rubbish or the household waste water, so they have just been thrown outside the house. This type of environment is regularly seen in the urban slums of Dhaka and Chittagong in Bangladesh. They create an ideal environment for infectious diseases. There have been reports that the Rohingyas in Camps in Bangladesh had been suffering from topical disease- pneumonia, diarrhoea, fever and cough[70].

Photograph 15: A woman selling fuel woods from her hut entrance. Photo: Author

In the photograph above a woman selling fire woods from the entrance of her house. The Camp is located inside a forest, so the first thought that came to my mind was that this came from a tree of that forest. There were reports in the Bangladeshi media in the past that the Rohingyas are cutting down trees of the surrounding forests to sell. I asked the woman where she got that fire woods, she said she bought those from the market.

12.35: The alleyway of Hope and Despair: A view of the refugee huts lining on both sides of the passage[71].

My Rohingya volunteer guide in blue half shirt tell reminds me of the vastness of the Camp. It would be easy to lose direction inside the Camp. We see numerous huts lined on both sides of way.

Thousands of Rohingyas found shelter in these ramshackle huts. It is an alleyway of hope and despair. This is the thickest part of the Camp that we have visited. Street light, solar panel on roof and one unit of brick built latrine with male and female signs on different doors are seen.

This part is not new, vegetable vines are seen on more than one roofs. They are not the refugees who came following the latest October onslaught.

My guides reiterate their warning not to give money to the refuges. There could be troubles if I tried that, they said.

12.42: Man cutting side of a hill inside the Camp[72].

A man is cutting the side of a hill inside Kutupalong Refugee camp. It is not clear whether he is a refugee or a local Bangladeshi. There are rice fields behind him planted by the locals Bangladeshis. It could very well be the Bangladeshis who are still cutting hills. There are abundant signs of past hill cutting in the area, the patches of rice and vegetable fields, banana plantation, etc.

I have a feeling that the man in the video cutting hill in a vigorous manner is a local Bangladeshi. It could not be examined though; my guides were going another way. It is easy to think that the locals who have in the past established their dominance over the Rohingya refugees in the Camp will dominate matters like these too. I heard rumours during my tour there that some Bangladeshi influential locals are building some of these huts on hills and renting them to the Rohingyas, it could not be substantiated.

However, a 2013 news report published by Kaladan Press Network (KPN), which claims to be an independent and non-profitable news agency of Rohingyas of Arakan, Burma,  stated that “a Bangladeshi killed a Rohingya refugee named Nur Mohamed (45), living  in unregistered refugee camp for rent of open space in front   where Nur denied to pay for rent of space”[73]. Similar accusations of violence by local Bangladeshis towards the Rohingyas have been made by another Rohingya media the Rohingya Vision TV[74] and IRIN[75].

We could not find any independent report substantiating the view that Bangladeshis are renting space to the Rohingya refugees.

However, in video image taken by us below titled ‘12.53: Rohingyas cultivate Vegetable in land rented from Bangladeshis’ we hear my guide telling me that the Rohingyas are growing vegetables in land rented from the Bangladeshis.

Some of the rumours might be true.

Photograph 16: A small temporary shop selling packaged and freshly made snacks. Photo: Author

We have seen quite a few shops and a market in the Camp. This temporary shop is selling packaged and freshly made snacks to the Refugees. The man is frying sweetened round shaped dough in oil. These deep fried sweet dough balls are called ‘gulgula’. This is made by mixing unrefined wheat flour with sugar and water and then deep frying the dough in hot oil in a karai. It was quarter to one in the afternoon, lunchtime. But this is not a lunch time food, it is an all-day snack. Later, at the end of our visit in the Camp I ate some of these ‘gulgula’ in Kutupalong Bazar with my guide and volunteers. That was our lunch for the day, because that was all that was available there. Although freshly grated coconut was added to the ones we ate.

Photograph 17: More huts are being built on partly erased hill sides. Earth slide and erosion may become big problems during next monsoon. Photo: Author

In Photo 17 we saw sides of hills have been erased and more huts are being built on them. Earth slide and erosion may become big problems during next monsoon. Later we have seen a man cutting down the side of a hill by the side of a rice field. It was not clear if he was a local Bangladeshi or a Rohingya Refugee.

12.51pm: Rohingya Refugee Sirajul Islam tells me that his house in Myanmar was burnt by the Military[76].

In this video we numerous new makeshift huts built on hillsides. A woman washing clothes in the little puddle of rain water in the low ground between the hills wearing a full burka. I do not remember ever seeing a woman wearing a full burka while washing clothes in the open in Bangladesh. I wonder if this is to save one’s dignity in the harsh and hostile environment of the Refugee Camp or a regular observance of religious edict. Another family is seen bathing on the left in this same puddle.

The huts in front of us were built about a month ago, tell the locals.

The Refugee in this video, Sirajul Islam, tells me that his house in Myanmar was burnt by the Military. He received 25 Kilograms rice from the Government of Bangladesh. He does not know if there will be more help later. He was not registered as a refugee at the Camp, no paperwork whatsoever was done. He collected the rice in exchange of a token which was given earlier by a 'Majhi', a community leader, in the Camp.

Nobody gave him any information regarding how he may register himself as a refugee so that he may receive more assistance. His fellow refugees are themselves in great distress, he tells me, and are unable to help.

12.53: Rohingyas cultivate Vegetable in land rented from Bangladeshis[77].

In this very short video image a nice field of a few plots of vegetable are seen. My guides told me that the Rohingyas are cultivating these fields; the land belongs to the local Bangladeshis. Rohingyas paid the Bangladeshis some money for the land so that they can grow vegetables there.

12.57pm: Rohingya Refugee Dil Mohammed tells his story[78]

In this video Rohingya Refugee Dil Mohammed tells me that he arrived at this Camp 10/15 days ago. When they were attacked, they left the home at once; there was no time even to close the doors. He could not bring any money with him, not even the clothes, he tells me.

He arrived by walking through the hilly forests that separates Myanmar and Bangladesh. It was horrible, he tell me. His entire family could not come with him. Some of his children are still behind, but they are alive, he says.

They are eight now in his family in Kutupalong Camp. He did not receive any help; food or otherwise, from anybody yet.

I told him that many NGOs have their offices at the nearby Kutupalong Bazar. Did he try to get any help from there? He said he tried once or twice, but could not get through the big crowd of women there. He adds that he felt embarrassed to look for food from people. He was a well to do farmer in Myanmar, tells my guide.

I asked him if the refugees who came earlier are helping the newcomers with information. He said no. I had a volunteer with me who is also a Rohingya refugee who came some months ago. He confirmed that there is no such organized effort among the old refugees in the Camp to help the new comers with information. Although media reports often refers to Camp Committee, I wonder why none of the residents, new and old, mentioned this Committee to me during conversation.

This is important because although these Rohigya people speak a distant dialect of Bengali, their language quite different from the language of the local population. Besides, they do not know the locality, or the governance structure of Bangladesh. They are in severe distress too.

No Govt. or non-Govt. organization came to register him as a refugee, Dil Mohammed says..

He and his family are going through severe hardships. The night before our conversation the family had boiled rice with a green chilli chatni. They had no food that day up to the time when we had the conversation, around 12.55 pm.

Photograph 18: A used clothes shop near the Mosque. Photo: Author

A used clothes shop near a Mosque where we said our noon prayer with the refugees. It was a very hot midday with dry air. After climbing up and down several hills in the open sun I was feeling as though I would faint soon. I drank some water and rested little bit inside the shade of the Mosque before staring our tour again.

I did not see any interested buyers, but the shopkeeper said that business is all right. The clothes are mostly used jeans trousers and western style shirts, and some women’s clothes.

Dil Mohammed, the Refugee I interviewed who said that he and his family did not eat anything since morning came to meet me again after the prayer. He was clearly looking for some money this time, but I did not give him any. At the Kutupalong Bazar when I hired the guide I was advised by the shop keeper not to give any money to a refugee. He said if they see handing out money big crowds of refugees would harass me for more money and there were instances where they have even assaulted such benefactors, tearing clothes etc.

It was probably a wise decision if the story is correct, but my conscience still hurts me when I think that I could have given that man some money to buy a meal for his family that noon. Later we did give some rice to a few families of newly arrived Rohingyas, but Dil Mohammed’s family was in a different neighbourhood of the Camp.

Photograph 19: The small open house is the place for consultation and mediation in the Camp, a parliament and a court combined. Photo: Author

This beautiful structure is located near the market that grew in the Camp. The structure resembles a type of leisure houses built in the past in Bengal, with a roof and no walls, so that wind comes in to relieve from the heat and humidity. These houses were known as haoyaghor, or air house. People would sit in there and gossip in the hot and humid days.

But this was no leisurely air house. I was told that it is the place where the people of the Camp sit to discuss matters related to governance of the Camp, or to mediate a dispute. It is the parliament and the court combined for the Camp.

A billboard near the structure tell the residents that nobody can defecate on the drains of the Camp in Bengali and Myanmar languages. This billboard was installed by EU, NGO Forum for Public Health and the UNHCR.

Photograph 20: An unlikely business woman in a temporary shop in the market that grew up in the middle of the Camp. Photo: Author

It is the market that grew inside the Camp. A woman is selling vegetables in her shop. She brought dried fish, potatoes, radishes, aubergines, kakrol, a type of gourd and green chillies to sell.

She is wearing an unmistakably Burmese long sleeve blouse and a long sarong like gown with a large scarf covering her head and upper body. The worn but beautiful blouse and shiny metal bracelets in her hands and an uncomfortable look on her face tells of better days in the past, perhaps a housewife in a farmer’s household; and her unease in this new position as a business woman.

There are quite a few other shops, both temporary and permanent, in the market spread around a large open area. We have taken video image of the market.

01.36pm: A Market in Kutupalong[79]

This is the market that we spoke about above. A boy is selling dried fish to two women wearing full Burkas. Dried fish are the protein of choice for the people of the part of Myanmar they come from, the Rakhain state.

I remember in 1996 when I stayed at my Rakhain friend’s house in Teknaf, the friend who helped me find the address of the IOM office in Teknaf and also booked my hotel room for this visit, we had dried fish dishes almost every meal of the day. It was quite an experience for me. The mainstay of Bengali diet is fish and vegetable curries, dried fish are treated as a food of interest for a few.

There is a shop with fresh leafy vegetables, the next shop is selling inexpensive local fruits called boroi (Ziziphus mauritiana) and tentul (tamarind), then there is another used clothes shop, a tea stall, another dried fish and vegetable shop, and some permanent tea stalls.

02.29 pm: one refugee shows me his broken leg[80]

Before starting my journey I intended to give some alms to the Rohingya refugees. I said that to my guides. They said they will help me arrange that. We went to the Kutupalong Bazar, and there we bought fifty kilograms of rice. We made about 25 two kilograms packets and carried that to a part of the Camp where the newly arrived Rohingyas live. We distributed the packets. Each packet to a family, which will give them one meal of boiled rice for that day. The above is the video image of that. It cost me about 3,000 taka, including the payments of the guides, which is equivalent to 37 US Dollar.

When we were doing that one refugee shows me his broken leg in braces. Myanmar Military broke his leg with a rod, he says. He treated the broken leg with braces in Bangladesh. He did not receive any medical assistance from anybody in this Camp.

We return to the Kutupalong bazar soon after that and eat our lunch with gulgula. Then I leave in a shared microbus for Teknaf where I shall spend the night before starting for Dhaka the next morning. It was almost sunset time when I reached Teknaf. Our microbus was miraculously saved from an accident on the way back.

On January 28, 2017 we sent the Report to more International refugee and human rights organizations, international and national NGOs, international and Bangladeshi news media organizations, and members of the civil society in Bangladesh and abroad.

Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time

To:

1.      The UNHCR Representative in Myanmar: MYAMY@unhcr.org,

2.      The British Broadcasting Corporation (BBC): yourpics@bbc.co.uk,

3.      The Daily Prothom-alo newspaper, Dhaka, Bangladesh.: editor@prothom-alo.com,

4. NTV satellite television channel Dhaka, Bangladesh.
5. Mohona TV, satellite television channel Dhaka, Bangladesh.
6. Desh TV, satellite television channel Dhaka, Bangladesh.
7. Ekushey Tv satellite television channel Dhaka, Bangladesh.  
8. SA TV satellite television channel Dhaka, Bangladesh.
9. My TV satellite television channel Dhaka, Bangladesh.
10. Reuters News Agency India, New Delhi, India: delhi.newsroom@reuters.com,

11.   RTV satellite television channel Dhaka, Bangladesh: newsroom@rtvbd.tv,

12.   The Independent newspaper, London: newsdesk@independent.co.uk

13. International Organization for Migration (IOM): hq@iom.int
14. IOM Regional Office for Asia and the Pacific, Bangkok, Thailand: ROBangkok@iom.int
15. International Organization for Migration (IOM), Dhaka Office, Dhaka, Bangladesh: IOMDhaka@iom.int.
16. International Organization for Migration (IOM) Country Office Japan with Resource Mobilization Function, Tokyo, Japan: iomtokyo@iom.int
17. International Organization for Migration (IOM) Malaysia, Kuala Lumpur, Malaysia: Iomkualalumpur@iom.int,
18. Mission of the International Organisation for Migration, London, United Kingdom: iomuk@iom.int,
19. Rohingya Vision TV, www.rvisiontv.com: editor@rvisiontv.com, info@rvisiontv.com,
20. Kaladan Press Network (KPN), www.kaladanpress.org: info@kaladanpress.org, fayasamed@gmail.com,

21.   General Assembly and ECOSOC Affairs Division, General Assembly of The United Nations, UN Headquarters, New York City, U.S.A.: muturi@un.org,

22.   General Assembly Secretariat, General Assembly of The United Nations, UN Headquarters, New York City, U.S.A.: poliakova@un.org

23. The United Nations Department of Economic and Social Affairs (UN DESA), New York City, United States of America: migrationp@un.org,

24.   Muhammad Anisur Muhammad (Anu Muhammad), Professor at Jahangirnagar University, anujuniv@gmail.com

25.   Professor Dr. M Shah Alam, Member at Law Commission, Bangladesh: shahaamcu50@gmail.com

26.   Association for Land Reforms and Development (ALRD), Dhaka, Bangladesh

27. Bangladesh Environmental Lawyers Association (BELA), Dhaka, Bangladesh.

28.   Ain o Salish Kendra (ASK), a national legal aid and human rights organisation: ask@citechco.net

29.   The Daily New Age Newspaper, Dhaka, Bangladesh.

30.   The daily Janakantha Newspaper, Dhaka, Bangladesh.

31.   Dr. Iftekharuzzaman, Executive Director at Transparency International Bangladesh (TIB), edtib@ti-bangladesh.org

32.   Dr. Meghna Guhathakurta, Executive Director at Research Initiatives, Bangladesh (RIB): meghnaguhathakurta@gmail.com

33.   Dr. Abu Mohammad Shapan Adnan (Dr. Shapan Adnan), Member of the Editorial Board of Contemporary Perspectives: History and Sociology of South Asia, published by Cambridge University Press, India. at Cambridge University Press, India, amsa127@gmail.com

34.   Dr. Mizanur Rahman, Adjunct Professor. Professor and former Chairman of Law, University of Dhaka at University of Asia pacific, koli@citechco.net

35.   The Daily Prothom Alo Newspaper, Dhaka, Bangladesh

36.   Professor Nazrul Islam, Chairman at Centre for Urban Studies (CUS), Dhaka: cus@dhaka.net,

37.   Dr. Md. Nazrul Islam (Asif Nazrul), Professor at University of Dhaka, asifnazrul@gmail.com,

38.   Professor Ainun Nishat, Professor Emeritus at Centre for Climate Change and Environmental Research, nishat@bracu.ac.bd,

39.   Kofi Anan, Founding Chairman at Kofi Annan Foundation, Geneva, Switzerland: info@kofiannanfoundation.org work, media@kofiannanfoundation.org

40.   Refugees International (RI), Washington, USA: ri@refugeesinternational.org

41.   Danish Refugee Council (DRC), Copenhagen, Denmark: drc@drc.dk

42.   Alyssa Eisenstein, Refugees International (RI), Washington, USA: alyssa@refugeesinternational.org,

43.   International Rescue Committee, New York USA: communications@rescue.org

44.   NGO Advisor SARL, Carouge GE, Switzerland: info@ngoadvisor.net, press@ngoadvisor.net

45.   European Council of Refugees and Exiles ECRE, Brussels, Belgium: vzahle@ecre.org

46.   Refugee Action, London, United Kingdom: info@refugee-action.org.uk

47.   Stephanie Bengtsson, Refugee Action, London, United Kingdom: stephanieb@refugee-action.org.uk 

48.   Migration Policy Institute, Washington, DC, United States of America: info@migrationpolicy.org

49.   Michelle Mittelstadt, Migration Policy Institute, Washington, DC, United States of America: mmittelstadt@migrationpolicy.org 

50.   Center for Refugee Solidarity, Malmo, Sweden: info@refugeesolidarity.org 

51.   Norwegian Refugee Council, Oslo, Norway: nrc@nrc.no

52.   Norwegian Refugee Council’s expert deployment capacity, Oslo, Norway: norcap@nrc.no

53.   Refugee Council USA, Washington, United States of America: info@rcusa.org 

54.   Women's Refugee Commission, New York, United States of America: info@wrcommission.org

On January 28, 2017 we posted the Report Rohingyas at Kutupalong: A Story of Hope and Despair in our Blog, The Curious Lawyer.[81]

On the same day on January 28, 2017 we posted the Report Rohingyas at Kutupalong: A Story of Hope and Despair in Facebook[82].

On January 28, 2017 we posted the Report Rohingyas at Kutupalong: A Story of Hope and Despair in LinkedIn[83].

6. Advocacy at IOM

On January 29, 2017; 10:49 AM The National Communication Officer of the International Organization for Migration (IOM) Bangladesh Mission contacted us by email requesting a meeting regarding our Report ‘Rohingyas at Kutupalong: A Story of Hope and Despair’:

AKHTER Shirin <sakhter@iom.int>

Jan 29 at 10:49 AM

RE: Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time

To: raihan.khalid@yahoo.com

Dear Mr. Khalid,

Thank you for sharing your experience and observation on one of the most persecuted minorities in the world. We would like to discuss it more with you. We, therefore, would like to invite you at our office today to have a meeting with our Deputy Chief of Mission. Could you please kindly share your contact number or get back to me at 01711187499 to schedule a convenient time for the meeting? We are very much looking forward to have a discussion with you.

Regards,

Shirin AKHTER (Ms.)

National Communication Officer

IOM Bangladesh Mission

House: 13/A, Road – 136

Gulshan – 1, Dhaka – 1212

Office: +88 – 02 – 55044811 - 13

Skype: shirin.akhter| Web: www.iom.int

The same day the said IOM Staff sent us a text message by the Short Message Service of mobile telephone and also called us over telephone requesting a meeting.

On January 29 2017 at 3:00 PM we agreed to the proposal over telephone and later wrote the following email to IOM Bangladesh:

RE: Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time

Raihan Khalid Barrister-at-Law <raihan.khalid@yahoo.com>  Jan 29 at 3:00 PM

To: AKHTER Shirin

Dear Ms. Shirin Akhter

Thank you for your reply.

It is very kind of you that your office invites me for a meeting. I have visited the Camp only once. I am sure your office has far more important insights and information on the matter. A meeting with your office would rather enrich my understanding of the matter.

Having said that I am very much interested to take this opportunity to meet your office.

I can come any day of this week. I would prefer the morning for a meeting if that is possible.

With many thanks and best regards.

Raihan Khalid Barrister-at-Law

On January 29 2017 at 3:16 PM considering the gravity of the matter we wrote another email enquiring whether a telephone confirmation from my side is required to confirm the meeting. This time we copied the email to the IOM Head Quarters in Geneva, Switzerland:

RE: Rohingyas at Kutupalong. Possible meeting.

Raihan Khalid Barrister-at-Law <raihan.khalid@yahoo.com>  Jan 29 at 3:16 PM

To: AKHTER Shirin

CC: hq@iom.int

Dear Ms. Shirin Akhter

Thank you for your reply.

It is very kind of you that your office invites me for a meeting.

I have visited the Camp only once. I am sure your office has far more important insights and information on the matter. A meeting with your office would rather enrich my understanding of the matter.

Having said that I am very much interested to take this opportunity to meet your office.

I can come any day of this week. I would prefer the morning for a meeting if that is possible.

Do I need to give you a telephone call as well to finalize the time? My telephone number is 01715941751.

With many thanks and best regards.

Raihan Khalid Barrister-at-Law

On January 29, 2017 at 4:58 PM IOM Bangladesh confirmed the meeting via the following email:

RE: Rohingyas at Kutupalong. Possible meeting.

AKHTER Shirin <sakhter@iom.int>  Jan 29 at 4:58 PM

To: Raihan Khalid Barrister-at-Law

Dear Mr. Khalid,

It was a pleasure talking to you over phone and we look forward to see you at 9:30am tomorrow at our office (House - 13/A, Road - 136, Gulshan - 1) in Dhaka.

Regards,

Shirin AKHTER (Ms.)

On January 29, 2017 at 6:23 PM we enquired about the agenda of the meeting during the telephone conversation and were not told of any specific agenda. Therefore we wrote the following email in order to clarify our expectations from the meeting. We copied the email to the IOM Head Quarters in Geneva, Switzerland and the IOM Regional Office for Asia and the Pacific in Bangkok, Thailand:

Re: Rohingyas at Kutupalong. Meeting on 30.01.17; possible agenda

Raihan Khalid Barrister-at-Law <raihan.khalid@yahoo.com>  Jan 29 at 6:23 PM

To: AKHTER Shirin, CC: hq@iom.int, robangkok@iom.int

Dear Ms. Shirin Akhter

That is very kind of you. Thank you for the address.

Although we understand that there is no specific agenda for this meeting other than taking an opportunity to learn about each other's work regarding the Rohingya Refugees, I thought of the following:

1.      Do you work for the Rohingya Refugees in Bangladesh?

2.      What are the assistances you are providing them?

3.      Do you have any printed literature on IOM's work with the Rohingyas in Bangladesh?

4.      If you do work with the Rohingyas, then why your website does not contain any details on IOM's work with them?

5.      Why your website www.iom.org.bd is not complete and/or up to date?

6.      Have you officially taken notice of the latest wave of Rohingya Refugees that in entering Bangladesh since the October 2016 atrocities?

7.      Why IOM does not use the term Rohingya in all literature where a reference to the Rohingya refugees are made?

8.      Why the IOM Teknaf office refused to provide me any information on IOM's work with the Rohingyas, or to give the refusal in writing when I presented a written request, or show any IOM Policy which prohibits such cooperation, or provide any IOM printed literature on its work with the Rohingyas?

9.      My work on the Rohingya Refugee issue.

I am sure I will have more issues to discuss during the meeting.

Thank you again for this generous opportunity.

With my best regards.

Raihan Khalid Barrister-at-Law

During the evening we did some research on the related matters and added some more questions to the agenda:

10.   Some of these Rohingyas are staying in Bangladesh for about 20 years. It is uncertain when they will be able to return. Is IOM doing anything to enable them earning a living here in Bangladesh so that their reliance on aid lessens?

11.   The registration of the newly arrived refugees.

12.   Giving information to the new refugees regarding help provided etc. New refugees told us that they have not been registered and received no information.

13.   Camp Committee and use of volunteers for the above purposes- we have learn during our visit to the Camp that often referred Camp Committee is not active.

14.   Is the information that IOM has on Rohingyas confidential?

a.      If yes why? If yes would IOM consider posting a declaration stating so it its website?

b.      If the information is not confidential, why it is not on IMO’s website?

15.   Is there a coordination plan of action among the Aid Agencies working for the Rohingyas where specific roles are identified in order to avoid overlapping in efforts and wastage of resources?

16.   Does IOM develop specific policy to guide its work on Rohingyas? If yes may I see that policy? If no why not?

17.   Does IOM Bangladesh produces periodical reports on its activities on Rohingyas that are shared with people?

18.   Does IOM differentiate between the needs of the new refugees and old refugees who may require assistance beyond the immediate needs such as medical care, shelter, water and provisional food?

On January 30, 2017 we had a meeting with Mr. Abdussattar Esoev, Senior Programme Manager, IOM Dhaka at 9.30am at the IOM Bangladesh office at IOM Bangladesh Mission, House: 13/A, Road – 136, Gulshan – 1, Dhaka – 1212, Bangladesh. We had a long meeting for about two and a half hours and discussed the agenda above.

The IOM Senior Programme Manager stated at the very beginning that they are aggrieved by our report where we reported the affairs that took place in the IOM Teknaf Office. We replied that we did not make any judgment and only stated what actually happened. The meeting went smoothly thereafter.

He complained why I did not contact IOM Dhaka office before visiting their field office. I explained that when I started from Dhaka although I had the intention to visit the Kutupalong refugee camp I was not aware of the activities of IOM. It was only on the evening before I visited the IOM office that I was told by the members of the local civil society about IOM’s activities in relation to the Rohingya refugees. During our meeting at the IOM office I was told to contact the Communications Officer of IOM and the IOM Staff called someone and gave me the telephone to talk to the person. It later appeared that the person on the phone was not the Communications Officer but rather the Coordination Officer based in Cox’s Bazar.

I asked why the IOM website is not up-to-date, as in the Report ‘Rohingyas at Kutupalong: A Story of Hope and Despair’ we have stated that the IOM Bangladesh website does not contain any item of news or other literature related to the Rohingya refugees from the period 2016-2017. Although IOM certainly worked for the Rohingyas in that period. Mr. Esoev agreed that the IOM Bangladesh website is indeed not up to date. He assured me that they will soon update the website and I thanked him for that.

In reply to my question why IOM does not refer the Rohingyas by their ethnic name ‘Rohingya’, the Manager stated that Government of Bangladesh does not address them as Rohingyas in the Government Strategy[84]. He referred to the ‘National Strategy on Myanmar Refugees and Undocumented Myanmar nationals, Government of Bangladesh’ which the Government of Bangladesh adopted in September 2013, and took efforts to implement in 2014[85]. The Manager stated that the Rohingya issue has become ‘politicised’ and that IOM respects the policy of the host government. This is how the government wants IOM to operate, he added. During my visit to the IOM-Teknaf Field Office on 08 January 2017 when I asked for any printed materials on their work on the Rohingyas, one IOM Teknaf Field Office staff handed me this document, which I found to be a Government of Bangladesh (GoB) instrument, and not an IOM one. The instrument at its top depicts the emblem of the Government of Bangladesh on the left and the emblem of IOM.OIM on the right. At its very beginning the instrument states that “It is a comprehensive strategy by the Government of Bangladesh to address the situation of the undocumented Myanmar nationals living in Cox’s Bazar, Bangladesh”, making it clear that it is a GoB document.

In reply to my question “Do you have any printed literature on IOM's work with the Rohingyas in Bangladesh?” the Manager assured me that he will give me some documents and before leaving he handed me a folder containing an assortment of documents. The folder contained 12 documents in total. The first document is a two sided page IOM document titled “Safe Migration Framework” which contained lists of ‘immediate response to migration crisis’ and ‘Long-term intervention to address the root cause of migration crisis’ which deals with Bangladeshi migrants going overseas in search of employment. The second document is a 4 pages document related to the Rohingya refugees titled ‘IOM Programme Brief- Humanitarian Assistance for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar’ dated January 2017. The third document is a two sided page document titled ‘IOM SNAPSHOT’, September 2016, which is a brief overview of the IOM organization and its activities. We noted that the ‘Current and significant IOM emergency operations’ list at the backside of the document which lists 10 countries does not include Bangladesh or the Rohingyas in Bangladesh, although it includes Myanmar. The fourth document is a two sided page document titled ‘Members & Observers’ dated 2016 and it lists the 165 Member States of IOM, 8 Observer States, and a long list of intergovernmental and international organizations. The fifth document is a two sided page titled ‘Strengthening Migration Governance with IOM’ which is related to the Bangladeshi migrants going abroad in search of employment; The sixth document is a one two sided page titled ‘IOM Bangladesh FACT SHEET’, dated August 2016 and is on “Coordination and Capacity Building for humanitarian assistance for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar”, The seventh document is a two sided page document titled ‘IOM Bangladesh Migration Health Programmes’ 2015 and it describes the Migration Health Assessment and Travel Assistance services offered by the Migration Health Division (MHD) of IOM Dhaka through its two such centres in Dhaka and Sylhet. This programme as stated in the document focuses only on the migrants and not on refugees. The eighth document is titled IOM Bangladesh Labour Migration Programme 2015; it is a two sided page document and is related to the Bangladeshi workers going abroad for employment. The ninth document is titled ‘IOM Bangladesh Operations and Movements Programmes’ dated 2015. It is a two sided page document and is related to the transportation of migrants in need of assistance. The document makes no reference to refugees. The tenth document is titled ‘IOM Bangladesh fact Sheet- Health care Services for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar’ dated August 2016. The eleventh document is titled ‘IOM Bangladesh Environment, Climate Change and Migration’ dated 2015. It is a two sided page document and it describes the “IOM’s initiatives in the Migration-Climate Change Nexus in Bangladesh”. The twelfth and last document is titled ‘IOM Bangladesh Counter Trafficking Programme’ dated 2015. It is a two sided page document and is related to the “human trafficking-an exploitative form of irregular migration”. This document does not make any reference to the Rohingya people or refugees.

It appears that only 3 of the 12 documents given to me at the IOM Dhaka office are related to the refugees, i.e. Rohingya refugees and the rest 9 are either related to migrants or not specifically related to the Rohingyas. The documents related to the Rohingya refugees in Bangladesh are the second, sixth and tenth document described in the paragraph above and we shall now examine them in that order. The ‘IOM Programme Brief- Humanitarian Assistance for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar’ dated January 2017 is the latest and the largest among these three documents. It contains the following sections: ‘Project Background and Overview’, ‘Coordination/Communication with Communities’, ‘Capacity Development’, and ‘Way Forward’. The document starts with the following declaration: “within the framework of the National Strategy on Myanmar Refugees and Undocumented Myanmar Nationals (UMNs) in Bangladesh, the International Organization Migration (IOM) has been mandated by the Government of Bangladesh (GoB) to coordinate the humanitarian services to the Undocumented Myanmar Nationals (UMNs) and vulnerable host communities in Bangladesh’s south-eastern district of Cox’s Bazar”[86]. This document does not use the term ‘Rohingya’ anywhere and refers to the refugees as ‘Undocumented Myanmar Nationals (UMNs)’. The document gives a brief overview of the IOM project for the assistance of the so called UMNs, i.e. Rohingya refugees. The document throughout refers to the two Refugee camps set up by the Government of Bangladesh as “Kutupalong Makeshift Settlement (KMS)” and “Leda Makeshift Settlement (LMS)”[87]. It is not clear why IOM differs in this position from other UN assistance agencies such as the UNHCR which repeatedly refers to these two places as “Refugee Camps”[88].  UNHCR has throughout its engagement referred to the Kutupalong and Leda as Refugee camps citing Government and UNHCR sources[89]. It appears that “IOM’s existing programming is planned as a three year project (2014-2017) with an overall budget of USD 18 Million. The Project is supported by the USA, Sida, Humanitarian Aid and Civil Protection of the EU, UKaid and CERF. It is not stated if there is plan for extending the project beyond 2017. The next document is ‘IOM Bangladesh FACT SHEET’, dated August 2016 and is on “Coordination and Capacity Building for humanitarian assistance for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar”. which at the outset states “(U)nder the framework of the National Strategy on Myanmar Refugees and Undocumented Myanmar National (UMN) in Bangladesh[90] adopted by the Government of Bangladesh in 2013, the International Organization for Migration (IOM) has been given the mandate to coordinate humanitarian assistance provided to the UMN population and vulnerable host communities in Cox’s Bazar through other international and national non-governmental organizations (NGOs)”[91]. It then depicts a flowchart of the ‘UMN[92] Coordination Structure’, a list of the supporting countries and organizations that we have listed above, and the main activities for coordination and capacity building followed by a list of key achievements. It therefore appears that IOM is the Coordinator of all assistance programmes provided to the Rohingyas in Bangladesh and is the centre of the hub, so to speak. Interestingly, we also noted that, the document makes a distinction between Myanmar Refugees and Undocumented Myanmar National (UMN)[93] on top of not recognising them as Rohingyas anywhere in the document. This appears to be the position agreed by all the organizations including the countries and agencies supporting this programmes[94], because the document does not provide any reservations by any member of the Coordination Structure or the supporters. We are faced with three questions here, firstly, why is this distinction made and on what basis, secondly, why the Coordination Structure appears to be only for the UMNs as it is named “UMN Coordination Structure” instead of ‘Myanmar Refugees and Undocumented Myanmar National (UMN) Coordination Structure’? And finally why these people are referred to as Undocumented Myanmar National (UMN) instead of Rohingya refugees? The third and last IOM Bangladesh document given to me is the ‘IOM Bangladesh fact Sheet- Health care Services for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar’ dated August 2016. This is a two sided page document relating to the health care services IOM Bangladesh provides to the Rohingya people although we note that they are referred to by the term ‘Undocumented Myanmar Nationals’ or by its acronym UMNs throughout the document. It states that “under the framework of the National Strategy on Myanmar Refugees and Undocumented Myanmar nationals (UMNs) in Bangladesh adopted by the Government of Bangladesh in 2013, IOM has been given the mandate to provide direct health care services and coordinate health services offered to UMN population and vulnerable host communities in Cox’s Bazar District in collaboration with other international and national NGOs”[95]. The document does not use the term ‘Rohingya’ or ‘Refugee’ anywhere in the document.

We note further with frustration that although a list of countries and agencies supporting the programmes are given in this and another document, this document which focuses on coordination in the assistance provided to the Rohingyas does not state which are the other organizations and agencies that are part of this coordinated programme beyond that there are “GoB, IOM, UN, INGOs, DPs, NGOs” in the UMN Coordination Structure. In particular it is not known which of the INGOs, NGOS, DPs, are part of this Coordination Structure. However, from an IOM head Office document we understand that 17 intergovernmental and NGOs attend the meeting[96]. Agencies contributing to regular data gathering include 10 organizations”[97]. It is necessary to remember that it is not stated to be an IOM Bangladesh document and that the printed materials at the IOM Dhaka office, and in particular the document in question that introduces the ‘UMN Coordination Structure, does not contain this information. Besides, this above statement merely states that these are the organizations and agencies that “attend the meeting”, referring to the emergency meetings in Cox’s bazar and Dhaka, but does not make it sufficiently clear that all these, and none other, organizations are the members of the ‘UMN Coordination Structure’ for the assistance of the Rohingya refugees.

On February 2, 2017 we sent an email thanking IOM for giving us the opportunity to have the meeting in their Dhaka Country Office:

Re: Rohingyas at Kutupalong. Meeting on 30.01.17; possible agenda

Raihan Khalid Barrister-at-Law <raihan.khalid@yahoo.com>  Feb 2 at 12:14 PM

To: aesoev@iom.int, CC: hq@iom.int,  robangkok@iom.int,  AKHTER Shirin

Dear Mr. Abdusattor Esoev

Greetings of the month of the Language Martyrs!

I write to thank you again for giving me the opportunity to have a meeting with your office. It was an enriching experience for us.

We look forward to hearing about the updated IOM Bangladesh website very soon. It is a great relief to learn that IOM Bangladesh has taken initiative to update the website.

The concerned people in Bangladesh and the world would be able to know the great contributions IOM Bangladesh is making to help the Rohingya refugees in Bangladesh when the website would be updated.

As I have already mentioned during our meeting, IOM Bangladesh already enjoys a good reputation among local people of Teknaf, Bangladesh.

I take this opportunity to thank you again for the generosity of your office.

With my best regards.

Raihan Khalid Barrister-at-Law

On February 3, 2017 the IOM sent us an email appreciating our efforts and inviting us to reach out to the IOM Country Office whenever we deem necessary for any constructive discussion:

RE: Rohingyas at Kutupalong. Meeting on 30.01.17; possible agenda

ESOEV Abdusattor <aesoev@iom.int>  Feb 3 at 10:54 AM

To: Raihan Khalid Barrister-at-Law, CC: Telecom Operations  Regional Office for Asia and the Pacific (Bangkok), AKHTER Shirin

Dear Mr. Khaled,

Thanks for your time to meet me in IOM office. I think it was very productive meeting and we had a long discussion on what IOM is doing with the concerned population and IOM’s mandated role in coordination and implementation of humanitarian assistance to that population.

Do feel free to reach me whenever you deem necessary for such constructive discussion we had.

Best Regards,

Abdusattor

Abdusattor Esoev

Senior Programme Manager

IOM Bangladesh Mission

House: 13/A, Road – 136,

Gulshan – 1, Dhaka – 1212

Office: +88 – 02 – 55044811 - 13

Skype: Abdusattor.esoev|  www.iom.int

7. Conveying the message

On February 10, 2017 we sent the Report “Rohingyas at Kutupalong: A Story of Hope and Despair- Story of the most unfortunate people of our time” dated 25.01.2017:

Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time

Raihan Khalid Barrister-at-Law <raihan.khalid@yahoo.com>  Feb 10 at 9:06 AM

Sent the email dated Wednesday, January 25, 2017 5:51 PM, Subject: Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time, to the following:

To         

1.      Allison Wolfgarten 

2.      Faraha Kabir 

3.      Monju Sir 

4.      Prof. Abdullah Abu Sayeed 

5.      Adnan Karim 

6.      Redwanul Harbang 

7.      Bazlur Rashid Dolon 

8.      Choudhury jinnat 

9.      Jahirul Islam 

10.   Affan Siddiqi 

11.   Bhaia, Aftab Uddin 

12.   Bstr Nazir Ahmed 

13.   Afrin Ahmed 

14.   ainun nishat 

15.   Junaied Akm 

16.   Shaheen Anam 

17.   Engineer Hilaluddin 

18.   PAVEL PARTHA 

19.   A. Wahid 

20.   Donald Anton 

21.   Anwar CU 

22.   AOSED Khulna 

23.   Abu Reza 

24.   Arifujjaman Khan 

25.   Nasir Ashim 

26.   Asheka Troberg 

27.   Ashraf Hossen Razzaque 

28.   Shahed Montu 

29.   Fowzul Azim 

30.   Aziz Haque 

31.   Mohibul Aziz 

32.   Azmal Brentag 

33.   Barkatul Biplob 

34.   Zakir Kibria 

35.   Sarwar Hossain 

36.   BAPA Bangladesh

37.   Brr Niaz 

38.   Barrister Syed Abedin 

39.   Tasmia Prodhan 

40.   Farzana Bindu 

41.   Mr. Mizanur Rahman Bijoy 

42.   Biplab Poddar 

43.   Yeasin Khokan 

44.   Hemnnthi Ranasinghe Situatie 

45.   Bodruddoza Badal 

46.   Bulbul Ahmed 

47.   Carol Ransley 

48.   Rashed Chanchal 

49.   Chandan Nath

On February 10, 2017 we sent the said Report dated 25.01.2017 to more members of the Bangladesh civil Society and some other members of the international civil society:

Rohingyas at Kutupalong: A Story of Hope and Despair. Story of the most unfortunate people of our time

Raihan Khalid Barrister-at-Law <raihan.khalid@yahoo.com>  Feb 10 at 9:18 AM

To         

1.      Christine Richardson 

2.      Cumar Dey 

3.      Prof. Nazrul Islam 

4.      Keshab Dahal 

5.      M. Danesh Miah 

6.      Uttam Das 

7.      Daud Hassan 

8.      Debasish Roy 

9.      Eng. Inam ul Huq 

10.   Md Farid Uddin 

11.   Mohan Devika 

12.   Muhsin Khan 

13.   Belal Joy 

14.   LAW Star 

15.   Ehsanul Habib 

16.   eiri ohtani 

17.   EJohn Bonine 

18.   Michael Odhiambo 

19.   Emon Chowdhury 

20.   Fahmida 

21.   Faisal Mahmud 

22.   Fakruddin Onneyshon 

23.   Farhana Siraj 

24.   “Farida Akhter “ 

25.   Shaila Shahid 

26.   Abdullah Al Faruque 

27.   Farzana Sharmin 

28.   Fayez AHMED 

29.   Field Home 

30.   Sirajul Mamun 

31.   Harshini Silva 

32.   Mr. Alamgir Kabir 

33.   Gyankosh Prokashoni 

34.   Habib ProthomAlo 

35.   Haider Ali 

36.   Barrister Halim 

37.   Halima Neyamat 

38.   harun.rashid@bd.care.org 

39.   Comodre Rashid 

40.   Harun dosto 

41.   Mahmud Hasan 

42.   Adv. Hasanat Quaium 

43.   HealthRights Bangla 

44.   Hemantha Withanage 

45.   Hillol Dutta 

46.   “Ruhin Hossain Prince” 

47.   Hemanta Tripura 

48.   Badrul Mamun 

49.   Shahed Iqbal

50.   Imran Bhuiyan 

51.   Mostain Billah 

52.   Kayser Imtiaz 

53.   Imtiaz Ahmed 

54.   Mr. Alison Baroi 

55.   Ti Bangladesh

56.   Info  WBB Trust 

57.   Ipat Luna 

58.   Rafiqul Islam 

59.   Mr. Sharif Jamil 

60.   Alfred Khokon 

61.   Javed Rahim 

62.   Jayanta Kumar Singha 

63.   Jorden de Bouvé 

64.   Jennifer Gleason 

65.   Tanjina Prema 

66.   Jigme Tshering 

67.   Johannes.Gaisen@afci.de 

68.   Jona Razzaque 

69.   Joynath Nandy 

70.   Tawhidul Khan 

71.   Jillur Jewel 

72.   Jyotirmoy Nandy 

73.   Keith Simpson 

74.   Ariful Russell 

75.   Kallol Mustafa 

76.   Kawser Ahmed 

77.   Kayes Amin 

78.   Khalilur Rahman Sajal 

79.   Khaled Chowdhury 

80.   Shuvo Kibria 

81.   Lalanath Desilva 

82.   Tushar Das 

83.   Lalanath De Silva 

84.   Lipton Sarker 

85.   Mynul Lipu 

86.   Noweid Ali 

87.   Arup Rahee 

88.   Sabina Lucky 

89.   Morshed Imtiaz 

90.   Munir Maniruzzaman 

91.   Sawkat m_sawkat 

92.   Munir Sharif 

93.   Shaklan Emon 

94.   Masud Rana 

95.   Dr. Mahboob Hossain 

96.   Imtiaz Mahmood 

97.   Tarek Mahmud 

98.   Legal Steps

99.   CU Sumon 

100.                    Maksudul Alam 

101.                    Tuhin Malik 

102.                    Prof. M. Abdul Matin 

103.                    Mark Chernaik 

104.                    Maung Wein 

105.                    Anisuzzaman WUB 

106.                    M Mehta 

107.                    Mohammad Ali 

108.                    Dr. Meghna Guhathakurta 

109.                    Md. Haider 

110.                    Michael Stanley-Jones 

111.                    Mihir Biswas 

112.                    Prof Monirul Khan 

113.                    Mominul Mukul 

114.                    Mintu Das 

115.                    Sayed Anwar 

116.                    Mizan R Khan 

117.                    M Mace 

118.                    Barrister Payel 

119.                    Br Muddasir Hossain 

120.                    Mostafa Naser 

121.                    Dr Mahbuba Nasreen DU 

122.                    Prof. Dr. M Monowar Hossain 

123.                    Prof. Monjurul Kibria 

124.                    Mo Alam 

125.                    Monirul Azam 

126.                    Monsur Faruqui 

127.                    Biplob Mrinal 

128.                    Shahjahan Mondol 

129.                    Taufan Suranto 

130.                    Mufti Nafees 

131.                    Prof. Mujibur Rahman BUET 

132.                    Ismail Hossain 

133.                    Muneeza Ayesha Khan 

134.                    Munir Muniruzzaman 

135.                    MUNJURUL Khan 

136.                    Mohammad Abdul Muntakim 

137.                    mohammed mustafa 

138.                    Zillur Aca 

139.                    Nahid Ahmad 

140.                    Parvin Junan Nashit 

141.                    Bishwajit Nandy 

142.                    Nayeem Wahra 

143.                    Nazma Nigar 

144.                    Nazmus Abhi 

145.                    Naznin Jahan 

146.                    নজরুল ইসলাম 

147.                    Tokon Thakur 

148.                    Nazrul Islam

149.                    Jatiyo Manobadhikar 

150.                    Nazmul Shamal 

151.                    Nick Greenwood 

152.                    Nirmalendu Goon 

153.                    Nityanand Jayaraman 

154.                    Nazmul Sabuj 

155.                    Abu Noman 

156.                    Nur Julhaj 

157.                    onneyshan 

158.                    Motasim Billah 

159.                    Jaber Ahmed Palash 

160.                    Nurul Panna 

161.                    Shakhawat Pavel 

162.                    Asis Perez 

163.                    Pinaki Ranjan Banerjee 

164.                    Najrana Imaan 

165.                    Prashanta Barua 

166.                    Hayat Hussain 

167.                    Qazi Iqbal 

168.                    Dr. Quazi Kholiquzzaman Ahmad 

169.                    Mia Quamruzzaman 

170.                    Quamrul Chowdhury 

171.                    Dr. Rowshan Ara 

172.                    Rafet Hossain 

173.                    Rafique Sherajee 

174.                    Rafiqul Islam Kabir 

175.                    Dr. M Mizanur Rahman 

176.                    Mizanur Water 

177.                    Rahat Mustafiz 

178.                    Ahmed Choudhury 

179.                    Rakib Kishore 

180.                    Ram Sah 

181.                    Mr. Aminur Rasul 

182.                    Raja Roy 

183.                    Fahima Hossain 

184.                    Shanjida Khan 

185.                    Ritwick Dutta 

186.                    Shrabon Prokashani 

187.                    Isaac Robinson 

188.                    Robyet Ferdous 

189.                    Romel Barua 

190.                    Roy Laifungbam 

191.                    Razequzzaman Ratan 

192.                    'Campaign Right to food and Social Security' 

193.                    Rugemeleza Nshala

194.                    Rumana Anis 

195.                    Nazrul Islam 

196.                    Sanis Dipu 

197.                    Hassanul Banna 

198.                    Dr. Shahidul Islam

199.                    Surya Subedi 

200.                    Sultan Ahmad 

201.                    Afzal Zami 

202.                    Saber Chowdhury 

203.                    Dr. Sadeka Halim 

204.                    Anwar Sadi 

205.                    Saiful Karim Sumon 

206.                    Ryadh Salahuddin 

207.                    Salehin Arshady 

208.                    Md Salequzzaman 

209.                    Salim Mahmud 

210.                    Salim Momtaz 

211.                    Somokal 

212.                    samia ahmed 

213.                    Samia Jaman 

214.                    Sanjay Upadhay 

215.                    Sanjeeb Drong 

216.                    Sayed Hossain 

217.                    Abu Sayem 

218.                    Sazzad Hossain 

219.                    Sanjoy Chaki 

220.                    Dr. Soumitra Sekhar 

221.                    Zahidur Rahman Sento 

222.                    Kazi Shah 

223.                    Prof. M Shahidul Islam 

224.                    Shahin Alam 

225.                    Shakeva Perveen 

226.                    Shakil Monzur 

227.                    Khondokar Shakir 

228.                    Shameem Patwary 

229.                    Rayhan Rashid 

230.                    Sharif Bhuiyan 

231.                    Mohammed Islam 

232.                    Sharmin Sumi 

233.                    Shaun Bruwer 

234.                    Sk Salauddin 

235.                    Shirin Akhter M.P 

236.                    Shishir Moral 

237.                    Kazi Hassan 

238.                    Shuvagata Dey 

239.                    Shyamol Barma 

240.                    Shafiqul ic 

241.                    sienho Yee 

242.                    Gazi Sipar Hossain 

243.                    Shantha Hennayake 

244.                    Sarguna Kumaari 

245.                    Mohammad Tahid 

246.                    Arundhaty Roy 

247.                    Khaled Tito 

248.                    Sohail Javed

249.                    Selim Raihan 

250.                    Firoz Ahmed 

251.                    Suche Masum 

252.                    Suja Uddowla 

253.                    Sukanta Saikat 

254.                    Suvra Chakravorty 

255.                    Swadhin Sen 

256.                    Syeda Afsana 

257.                    Syed Alam 

258.                    Tahmina Polly 

259.                    Tanima Tasmin 

260.                    Tanvir Parvez 

261.                    Tanvir Zahir 

262.                    Engr. Taqsem A Khan 

263.                    Afrida Tasnim 

264.                    Tayab Kiron 

265.                    Theivanai Amarthalingam 

266.                    Stanveer Hussain 

267.                    Tokon Thaakoor 

268.                    Tom Eskildsen 

269.                    Hafizur Rahman 

270.                    Farhad Mazhar 

271.                    Mazharul Ujjal 

272.                    Uttam Sen 

273.                    Bari Vibgyor 

274.                    Kamal Saha 

275.                    Ramananda w 

276.                    alayas Hajisalah 

277.                    Prof. Dr. Sudhakar YEDLA 

278.                    Zafreen Choudhury 

279.                    Zahedi Sohel 

280.                    Zakir Hussain 

281.                    Dr. Shima Zaman 

282.                    Zeeshan Hyder 

283.                    Zulfiqar Halepoto 

284.                    Ziaul Haque 

285.                    Zakir BAPA 

286.                    Md. Haque 

287.                    Zahirul Islam Khan

8. The determination of refugee status of the Rohingya People in Bangladesh.

8.1. Undocumented Myanmar nationals or refugees?

8.1.2. The Government of Bangladesh Position

We were told by the IOM Bangladesh that they are referring to the Rohingya people in Bangladesh as Undocumented Myanmar nationals UMNs because it is the GoB policy to do so and they are obliged to adhere to the Government’s position inside the territory of Bangladesh[98]. The said Bangladesh position is expressed in the Government’s ‘National Strategy on Myanmar Refugees and Undocumented Myanmar nationals, Government of Bangladesh’ (hereinafter referred to GoB Refugee Strategy’). It is necessary to mention here that despite our research for the instrument on the World Wide Web using the Google.com search engine for several days in the months of January, April and May of 2017 CE we could neither find the original GoB Strategy of 2013 relating the Rohingya refugees nor any reference to it in any other document other than the title of the instrument. We have also explored the Ministry of Disaster and Relief of the Government of the People’s Republic of Bangladesh without any success. We have, however, found two summarised version of the Strategy, one in the form of a leaflet that we were given at the IOM Teknaf Office[99] and the other is memo bearing No. UN-HR-5013/14/121 dated 31 march 2014 shared by the Ministry of Foreign Affairs of the GoB with the offices of UNRC, UNHCR, WFP, UNFPA, ICRC, IFRC, IOM DHAKA with an enclosed ‘Strategy Paper on Addressing the Issue of Myanmar Refugees and Undocumented Myanmar Nationals in Bangladesh: A Summary Presentation’. It is important to note here that the title of this instrument is different from the title of the instrument that we were given at the IOM office on 08 January 2017 and also found on the web. While the title of the instrument given to us at the IOM Teknaf Office states that it is the ‘National Strategy on Myanmar Refugees and Undocumented Myanmar nationals, Government of Bangladesh’ (hereinafter referred to as ‘Strategy Version 1’), the title of the second instruments states that it is the ‘Strategy Paper on Addressing the Issue of Myanmar Refugees and Undocumented Myanmar Nationals in Bangladesh: A Summary Presentation’ (hereinafter referred to as ‘Strategy Version 2’). Clearly, they are not the same instrument. Beside the contents of the two instruments are also different. While the first instrument does not tell us when this was adopted and by which part of the Government, the second instrument tells us the details as we have stated above. What appears in examination of both the documents that neither is a complete version of the instrument in question and both are two different versions of summery of the said instrument. The main instrument is, however, as we have explained above, not available anywhere.

The ‘Strategy Version 1’ appear to be a promotional leaflet of the said Strategy containing a summery, and the PDF document that we have downloaded from the web states in the name of the file that it is a leaflet. The Strategy Version 1 does not state which ministry of the Government adopted it, or how and when it was adopted[100]. In fact other than the emblem of the Government of Bangladesh on the top left corner there is no other information that links this document with the Government of Bangladesh. It does not appear similar to other Government of Bangladesh instruments which are named Strategy, such as the Bangladesh Climate Change Strategy and Action Plan 2009 (BCCSAP 2009)[101], which, unlike this Strategy, clearly states which Ministry of the Government published it and contains message from the Prime Minister, the Relevant Minister etc. at the beginning of the instrument as one would expect. The document has six sections, they are named “What it is?”, “Current Scenario”, “Why a Strategy”, “5 main elements”, “Who is implementing it?” and “Who is monitoring and how?” The other side of the document contains the same text in Bangla language. We searched the web for a text of the document on 23.04.2017. Google.com returned three locations[102], all three are pages of the www.cxbcoordination.org, a “portal serves as a one stop source of the latest information and updates on humanitarian programming for the Undocumented Myanmar Nationals and Rohingya Refugees living in Cox's Bazar”. Out of these three links the first one[103] when clicked replied “The page cannot be found”. The second link[104] also replied that “The page cannot be found”. The third link[105] contained the document. This document does not use the term Rohingya and rather refers to the people in question as ‘undocumented Myanmar nationals’. We do not agree with this and we shall explain why later in the Report.

The ‘Strategy Version 2’ is a larger document; it has four pages and is divided in to 7 paragraphs. The first 4 paragraphs describe the context of the Strategy drawing on historical familiarity of the people of Bangladesh with the state of refugee. Paragraph 5 states “(T)he Strategy Paper contains the following key elements:” and goes on to describe five such key elements in sub-paragraphs a) to e). Paragraph 6 states the objective of the Strategy paper and Paragraph 7 states that “The Cabinet approved the Strategy Paper at its regular meeting held on 09 September 2013, under the Chair of the Hon’ble Prime Minister. It is necessary to add that Paragraph 4 of the document stated that “the Ministry of Foreign Affairs organised a series of meetings along with all relevant Ministries/Divisions/ agencies of the Government, including, in particular, the Ministry of Disaster Management and Relief and the Ministry of Home Affairs”[106]. It is therefore apparent that although the Cabinet Division of the Government Chaired by the Prime Minister adopted the instrument, it is a product of the Ministry of Foreign Affairs of the Government[107]. Paragraph 7 further states that “(T)he Cabinet also instructed the concerned Ministries/ Divisions/ agencies of the Government to ensure implementation of the Strategy Paper and report thereon at regular intervals”[108]. No list of such Ministries and agencies which are responsible for the implementation of this Strategy is, however, given.

Both versions of the GoB Rohingya Refugee Strategy used two different terms to refer to the Rohingya people in Bangladesh as the title of the instruments suggest the GoB divided them in to two groups, a first group of the ‘Myanmar Refugees’ and a second group of ‘Undocumented Myanmar nationals’. Unfortunately, neither version provides any definition to either of these terms. They do not give any explanation either for making this division among the same people who came in from the same country.

IOM used Rohingya and ‘Undocumented Myanmar Nationals’ alternatively at least in one document that so far we have found[109] beside also making a distinction between the “UMNs and the refugees”[110]. It therefore appears that IOM designates four different terminology for these people in question, three in its Bangladesh operation being Rohingya, ‘Undocumented Myanmar Nationals’, and refugee, and another term in its Myanmar Operation, being ‘Muslim Minority of Rakhine State’[111]. However, a reference to these people as ‘Rohingya’ or ‘Muslim Minority of Rakhine State’ only came in the foot note explanation that we have so far found in only one document[112]. So far we have examined, it does not provide this explanation for not using the ethnic name of the Rohingya people, i.e. Rohingya, when it refers to these people in other documents. This lack of consistency in IOM’s position towards the Rohingya people makes it difficult or even impossible for the general people or the persecuted population in question to ascertain the IOM’s position regarding the Rohingya refugees. The IOM documents related to the Rohingya refugees that the IOM Bangladesh office provided me did not have this declaration anywhere, nor does the IOM Bangladesh website contain this declaration visibly to clarify its position to the viewers.

Having said that, it remains the IOM position that it shall use ‘Undocumented Myanmar Nationals (UMNs)’ to refer to the Rohingya refugees in Bangladesh in accordance with the Government of Bangladesh Strategy. The Bangladesh Government Strategy however does not use the term Rohingya interchangeably with UMNs, it rather recognises two distinct groups of people and refers to them accordingly as Myanmar Refugees and Undocumented Myanmar nationals[113]. Further research in to the matter reveals that IOM also Therefore, we find that the instruments deals with two distinct group of people, Myanmar Refugees and Undocumented Myanmar nationals (UMNs), and this is the Strategy under which IOM supposedly operates in Bangladesh.

8.2. Who are ‘Undocumented Myanmar Nationals’ (UMNs)?

If, according to IOM and the GoB Strategy referred to above, there are ‘Myanmar Refugees’ and ‘Undocumented Myanmar Nationals (UMNs)’ and we must understand who are these UMNs are. In reply to my question why these people are not referred to as Rohingya refugees the IOM Officer I had meeting with at the IOM Dhaka Office stated that it is a Government of Bangladesh position and they are obliged to adhere to the GOB policy in this regard if they are to work in Bangladesh. It is also the IOM official position as we have found in an IOM document titled ‘Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar, 5 January - 28 February 2017 where IOM states in a footnote to the term Rohingya “(T)he largest Muslim group within Rakhine State self-identify under the term “Rohingya,” a designation that is not accepted by the majority of the ethnic Rakhine population, and is not recognized by the central Government of Myanmar as one of the 135 official nationalities in the country. In order to preserve neutrality on the issue, IOM Myanmar alternatively refers to this group as “Muslim minority of Rakhine State.” In line with the National Strategy of the Government of Bangladesh, IOM Bangladesh refers to unregistered members of this minority group as “Undocumented Myanmar Nationals (italics by author)[114].” It appears that IOM Myanmar ‘alternatively refers’ to these people as “Muslim minority of Rakhine State”, but in its Bangladesh operation IOM refers to them as UMNs because it is the Bangladesh policy to do so. However, this declaration itself is confusing as in the last part of the declaration IOM states that IOM Bangladesh refers to the ‘unregistered members of this minority group’ as UMNs and we are immediately faced with the question that what registration IOM is referring to here, their registration as Rohingya people in Myanmar or their registration as refugees in Bangladesh? If IOM is referring to their registration as refugees in Bangladesh, which is the likely scenario, and for the sake of argument if we accept the IOM plea that it does not use ‘Rohingya’ in order to maintain its “neutrality”, then why it is not referring to them as ‘unregistered Myanmar refugees’ dividing the population in to two groups of registered Myanmar refugees and unregistered Myanmar refugees? This appears to be the most reasonable option to us. The only reasonable answer to this question seems to be that IOM does not recognize the unregistered population arriving from Myanmar as refugees and shall only designate that status after obtaining information from them during the process of registration. We shall examine this proposition later.

For now, it is mentionable that there is no debate on the issue that all these non-Bangladeshi people that are subject to the GoB Strategy and the IOM documents mentioned above are the people who came in to Bangladesh from Myanmar. We did not see a newspaper report yet which did not refer to these people as Rohingya refugees from Myanmar and there have been numerous news reports by the media establishments in Bangladesh and abroad. There is no suggestion made by any quarters that these people came from India, the only other bordering neighbour of Bangladesh in that part of the Country or in any other part of Bangladesh, or that they came in from any other country by boat. They are Myanmar nationals.

Before we examine the possibility that IOM is referring to these people as UMNs only because they are not registered yet as refugees and the implications of such a position, we need to understand the meaning and implications of the phrase “undocumented nationals” which is for now designated to the Rohingya refugees in Bangladesh. Despite our sincere efforts we could not find a definition of ‘Undocumented Nationals’ in any legal document of the United Nations or the UNHCR or IOM itself, organizations which governs the international efforts for the assistance of the refugees. We have searched the United Nations website using its internal search engine and the search returned two documents which contained the phrase “undocumented nationals”[115], the first one is UNHCR - Tough choices for Afghan refugees returning home after years in exile[116] which itself available in 10 different locations, and the other document is Country Operations Plan, Overview, Country: Romania, Planning Year: 2006[117]. The first document, as the name suggests, is about the Afghan refugees in Pakistan and the phrase is at one place used interchangeably with refugee[118] and in another perhaps to indicate unregistered refugees returning from Pakistan[119]. The other document, the UNHCR 2006 country plan for Romania uses the phrase to refer to the “Romanians (who) have gone abroad, in search for a better life” “given up their Romanian citizenship hoping to acquire the citizenship of the States where they resided, mainly in the EU. Many of them, failing to acquire another citizenship and forcibly returned to Romania, have chosen to remain stateless in Romania”[120]

A search of the phrase “undocumented nationals” on the UNHCR website returned 4 results, the first two documents are the two that we found on the UN website. The third document is ‘Update No.9 on the humanitarian situation in Libya and the neighbouring countries’ dated 16 March 2011[121], and although it uses the phrase once where it spoke about “sub-Saharan and undocumented nationals”[122] The document does not state whether these “undocumented nationals” are refugees or economic migrants. With further research we understand that these “sub-Saharan and undocumented nationals” are irregular foreign workers[123] who came in to Algeria as “Saharawi refugees as a result of the conflict over Western Sahara between Morocco and the Polisario Front”[124]. The fourth and last document is ‘Update on UNHCR’s operations in Africa’, dated 21 February 2017[125], and it appears that this document used the phrase to refer to people who are ‘stateless’ as the phrase appears in a paragraph titled “Statelessness” and speaks about “undocumented nationals living in Côte d’Ivoire who were at risk of becoming stateless”[126]. The document does not make it clear who are these people who are on the verge of becoming stateless and whether they are refugees or economic migrants. With further research we now understand that these “undocumented nationals” referred to in the above document are Burkina Faso nationals who have been trafficked to Côte d’Ivoire and they left their country in search of better economic opportunities i.e. as economic migrants and not refugees[127][128].

It appears that it is the asylum seekers in a country who are referred to or often termed as Undocumented nationals. For example a Joint Committee on Human Right of the Parliament of the United Kingdom publications terms the asylum seekers as Undocumented Nationals[129]. The United States of America Government also uses this term to refer to the asylum seekers, as in one Audit Report the Office of Inspector General of the Department of Treasury reported “the arrest of 14 undocumented nationals of the Dominican Republic” along with the seizure of 2,513 pounds of cocaine[130].

However, a search of the phrase “Undocumented Nationals” on the IOM website returned 99 results, of which only 5 are related to the Rohingya refugees and Bangladesh[131]. It appears that although the phrase is found in 2 UN documents, 4 UNHCR documents as we have described above it is present in 99 IOM documents, making it an IOM favourite and that is not only in the case of Bangladesh but globally. While it is beyond the scope of this work to analyse all 99 documents here, we shall try to discover any pattern in the usage of the phrase in order to understand the IOM designated meaning of this phrase, if there is any. Before delving in to the analysis of the usage of the phrase “Undocumented Nationals” it is necessary to state here that in all likelihood it appears that the use of the phrase “Undocumented Nationals” in the GoB Strategy may be newer than the IOM organizational preference for this phrase. It certainly does not appear to be the case that IOM has only started using this phrase following the Government of Bangladesh position in its Strategy for the Rohingya refugees, as suggested, and hence started to use that in its document around the world.

In one of the items that is related to the Rohingya refugees in Bangladesh, ‘Undocumented Myanmar Nationals in Bangladesh Border Camps Need Increased Protection, Humanitarian Aid: IOM[132]’IOM used a photograph of the Rohingya Refugees and stated that the photograph was a “File photo: Al Jazeera”.

Figure 1: IOM used this Al Jazeera photograph but omitted the "Rohingya refugees" part of its caption and referred to the people in the photo as "Undocumented Myanmar families in Bangladesh". Image Credit: [Al Jazeera].

The photograph contains a caption “Undocumented Myanmar families in Bangladesh”. We wanted to make sure that Al Jazeera also refers to these people as “Undocumented Myanmar families” and conducted an image search using the ‘Google Images[133]’ program and located the photograph in the Al Jazeera Feature piece titled “(N)o respite for Rohingya in Bangladesh[134]”. We have found that Al Jazeera in fact did not use the photo caption that IOM designated; it was IOM’s own invention. Al Jazeera’s photo caption for that photograph reads “Numbers of Rohingya refugees have swelled as violence in neighboring Arakan state increased [Al Jazeera]”[135].

EU- Turkey Agreement

“This has brought a new phase in the EU-Turkey relationship, embodied in the 18 March 2016 EU Turkey Statement, which built on the 29 November 2015 EU-Turkey Joint Action Plan”[136]. On 29 November 2015, at the EU-Turkey summit, Turkey and the EU activated the Joint Action Plan (JAP) that had been agreed ad referenda on 15 October 2015[137].

8.3. Refugee

The next question that we are faced with is this- are these people in question ‘Undocumented Myanmar Nationals (UMNs)’ as GoB and the ‘UMN Coordination Structure’ headed by the IOM referred to above are calling them or are they refugees? This question and other matters pertaining to the status of refugees are governed by international law comprising the ‘Convention Relating to the Status of Refugees 1951’ and the ‘Protocol Relating to the Status of Refugees 1967’ and the subsequent jurisprudence emanating under the Convention.

The Convention Relating to the Status of Refugees 1951 defines a refugee a person who “(2) owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence, is unable or, owing to such fear, is unwilling to return to it”[138].

Whether the Rohingya people in Bangladesh are covered by this definition requires consideration of two questions. Firstly, since Bangladesh is not a signatory to the Refugee Convention of 1951[139], we need to examine what implications that may have on the determination of their refugee status[140]. Secondly, we need to apply this definition in to the circumstances of the Rohingya and see if they fulfil the criteria to be considered refugees and thus receive international protection.

8.4. The implications of Bangladesh’s non-participation in to the Refugee Convention of 1951

It is often forgotten that Bangladesh is not unfamiliar with the refugee problems. In 1971, during the Bangladesh War of Independence an estimated 10 million people of Bangladesh, then known as East Bengal, themselves fled to India in the aftermath of the genocide by the State of Pakistan[141]. In addition to that “250-300 thousand [Biharis] have been living as stateless people in Bangladesh for more than a quarter of a century”[142]. These Biharis, or stranded Pakistanis[143], left in Bangladesh became the first group of stateless because Bangladesh did not accept them as citizens either[144].

This has been recognised in the GoB ‘National Strategy on Myanmar Refugees and Undocumented Myanmar Nationals in Bangladesh’. The Ministry of Foreign Affairs of the Government of The People's Republic of Bangladesh in a Memorandum being UN-HR-5013/14/121, dated 31 March 2014 sent to the OFFICE OF THE UNRC, UNHCR, WFP, UNFPA, ICRC, IFRC, IOM in DHAKA stated “In light of Bangladesh’s experience during its War of Liberation in 1971 and from overall humanitarian considerations, Bangladesh gave refuge to around 2,00,000 Myanmar (Burmese) refugees in 1978 and to 2,50,877 in 1991, even if we are not a Party to the 1951 Convention on the Status of Refugees”[145].

“Bangladesh is not a party to any international or regional refugee instruments and has no domestic laws or administrative procedures governing refugees”[146].

8.5. The determination of refugee status

The people in question, the Rohingyas, are undoubtedly habitual residents of Myanmar. The Government of Myanmar does not recognise them as one of the ethnic groups of its country and did not include them in the population census. Even though in accordance with the provision of Article 1 of the Refugee Convention of 1951 quoted above they come under the purview of the Convention of 1951 as Myanmar is their “former habitual residence” and they are “outside the country of (their) former habitual residence” (i.e. Myanmar) and are “unable or, owing to well-founded fear of being persecuted for reasons of race, (i.e. their ethnic Rohingya identity) religion (i.e. Islam) unwilling to return to it”. Two matters are thus resolved in this paragraph, firstly, that these people do come under the purview of the 1951 Refugee Convention, and secondly, that they are refugees under the definition provided by the 1951 Refugee Convention and the 1967 Refugee Protocol.

The GoB Strategy of 2013 referred to above does admit the existence of refugees of Myanmar origin, referring to them as “Myanmar Refugees[147]”, although the UMN Coordination Structure headed by the IOM refers to them only as UMNs as we have seen above. However, the same GoB Strategy in the same instruments refers to a population as “Undocumented Myanmar Nationals (UMNs). The Strategy does not define either of the terms and gives any explanation for designating such terms. It appears that this term could not be in reference to their undocumented status in Myanmar since in that case they would not be referred to as “Myanmar Nationals”. It is most likely the case that they are referred so because of their undocumented status in Bangladesh. These people usually arrive in big waves through the unattended border between Bangladesh and Myanmar and in most cases the GoB defacto allows them to enter and reside inside Bangladesh. Although on several occasions, we must remember here, the GoB has pushed the Rohingya people back, or to use the terminology of the 1951 Convention, ‘refouled’ them, to Myanmar. Although this new policy position regarding the Rohingya refugees as enumerated in the GoB Strategy of 2013 is inconsistent with the long standing Government of Bangladesh policy towards these people. For example in a State Party report submitted to the UN Committee on the Rights of the Child dated 14 March 2003 the Government of Bangladesh reported to the UN that “(T)he Government has also in recent years provided temporary protection to approximately 250,000 Rohingya refugees who crossed the Bangladesh-Myanmar border from the State of Rakhine in 1991 and 1992”[148] recognising, firstly, that they are Rohingya people and secondly, that they are refugees.

A good many of them are undocumented, meaning that no Government or any other authority has counted them in and registered them. In our visit to the Kutupalong Refugee Camp we have interviewed several newly arrived Rohingya refugees as well as Rohingya Refugees who arrived much earlier and the newly arrived Rohingya refugees informed us that they have not been registered by any Government or Non-Government entity. Some of them arrived 10/20 days before the interview, and some about a month ago.

Assuming that these are the people the GoB Strategy and the UMN Coordination Structure documents refer to, we must now examine whether this position is valid according to the provisions of the international law found in the 1951 Refugee Convention and the subsequent jurisprudence emanated from it.

While the procedure of determination of refugee status is not provided in the Refugee Convention of 1951[149] a “Handbook and Guidelines” was issued by the UNHCR in 1979 at the request of Member States of the executive Committee of the High Commissioner’s Programme to fill in that gap. The Handbook is titled ‘Handbook And Guidelines On Procedures And Criteria For Determining Refugee Status Under The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, 1979’ (UNHCR Handbook and Guidelines’)[150]. The Handbook was later updated in 1992[151]. In addition, in response to the varying legal interpretations of Article 1 of the 1951 Convention in national jurisdictions, UNHCR has continued to issue legal positions on specific questions of international refugee law[152]. These Handbook and Guidelines and the other instruments issued by the UNHCR under the authority of the 1951 Refugee Convention governs the regulations of all matter related to refugees under the international law.

The UNHCR Handbook and Guidelines states that “(A) person is a refugee within the meaning of the 1951 Convention as soon as he fulfils the criteria contained in the definition. This would necessarily occur prior to the time at which his refugee status is formally determined. Recognition of his refugee status does not therefore make him a refugee but declares him to be one. He does not become a refugee because of recognition, but is recognized because he is a refugee”[153]. If we apply this law in to the Rohingya case, it would mean that their undocumented status in Bangladesh does not deprive them of the Refugee status under the law. Rohingya people in Bangladesh are ‘Refugees’ by the definition provided by the 1951 Convention as soon as they found themselves on the territory of Bangladesh.

“9. A prima facie approach is particularly suited to situations of large-scale arrivals of refugees. Large-scale situations are characterised by the arrival across an international border of persons in need of international protection in such numbers and at such a rate as to render individual determination of their claims impracticable”[154]. ““Large scale movements” or “large-scale arrivals” are the preferred terms for these Guidelines, although it is noted that other terms are used in other Guidelines, such as “mass influx”. There is no scientific number of persons for a situation to qualify as a “large-scale movement” or “large-scale arrival.” Rather such a designation is at the discretion of the State of arrival, factoring in such matters as the capacity for registration, processing as well as assistance to respond, also related to the speed and daily or monthly rates of arrivals”[155].

This question is a perplexing one and the UNHCR issued an “Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol[156]” in order to provide guidance to “States’ regarding their “non-refoulement obligations with regard to refugees and asylum-seekers under international refugee and human rights law”[157].

“In the recent past, Bangladesh has experienced two influxes of refugees from Myanmar, the first in 1978 and the second in 1991-92. Around 250,000 people were involved both times. Both influxes were followed by large-scale repatriation exercises whose voluntariness was seriously questioned. Some of those who were repatriated subsequently fled again to Bangladesh, but many were unable to recover their former and government-acknowledged refugee status”[158].

“Government attitude and action with regard to Rohingya refugees have not altered greatly given
their denial/reluctance to grant asylum to Rohingyas arriving from Myanmar, quite often claiming
that they were actually illegal economic migrants. Despite reassurance by the UNHCR that they
were indeed refugees, they are denied registration and on occasion arrested by the police and
imprisoned under the Foreigners’ Act.19 Rohingyas continue to experience other violations such
as abuse, rape, assault, deprivation of food, lack of medical care, education and opportunity to
earn a livelihood.”[159].

“The Rohingya ethnic and religious minority forms one of the world’s largest stateless populations and is at the centre of a chronic and growing humanitarian crisis across Southeast Asia. Up to 500,000 Rohingyas are now believed to be in Bangladesh since being stripped of citizenship in Myanmar, where ethnic tensions and reported violent campaigns of persecution for the past three decades have been acute”[160].

…

“8. Special protection measures
(arts. 22; 30; 38; 39; 40; 37 (b)-(d); 32-36 of the Convention)
Refugee children
78. The Committee notes that the State party is not a party to any international or regional
treaty relating to refugees nor does it have any legislative or administrative provisions for
refugees. The Committee also notes the concerns expressed by the State party delegation
regarding, in particular, the effects of “pull factors” if conditions for refugee children were to be
regularized. The Committee is concerned that the State party has only agreed, in principle, to
issue birth certificates to all children registered as refugees in Bangladesh. While noting the
position of the State party to only grant refugee status to the Rohingya children from Myanmar,
the Committee is concerned about these and other groups of refugee children such as the Bihari
who have difficult or no access to services in the State party. The Committee expresses deep
concern that no durable solution has yet been found to comprehensively address the rights of
refugee children.
79. The Committee reiterates its recommendation to the State party to:
(a) Establish national legislation and procedures to allow immediate access to
relevant procedures determining refugee status to all refugee children and their families;
(b) Consider allowing children residing in the refugee camps and their families to
access, inter alia, education, and continue to ensure that all refugee children and their
families have adequate access to better health and nutrition services, protection against
violence and that those who are particularly at risk are offered support;
(c) Address the concerns of approximately 100,000 – 200,000 Rohingya, including
children, not registered as refugees by the State party but who reside in the country for
similar reasons as the registered refugees in official camps and to provide them with, at a
minimum, legal status, birth registration, security and access to education and health care
services;[161]”

s. The Committee also expresses concern that lack of registration is a basis for discrimination and exclusion from access to social services, especially in the case of refugee children.

41. The Committee recommends that the State party take all necessary measures to accelerate free of charge birth registration for all children born within the national territory, including refugee children[162].

Government of Bangladesh committed that “In addition, the Birth Registration project of the Government with support from UNICEF has plans to expedite birth registration for the following children [interalia]: Refugee Children”[163].

“The Committee [UN Committee on the Rights of the Child (CRC)] notes with appreciation: (b) The State party’s agreement to issue birth certificates to all refugee children also retroactively”[164]. “The Committee is also concerned that there are cases of children born to refugees married to Bangladeshi nationals who are not recognized as Bangladeshi and may remain in a situation of statelessness”[165].

3. General principles

(arts. 2, 3, 6 and 12 of the Convention)

Non-discrimination

32. While noting the commitment taken by the State party in its Constitution[166] and “Vision 2021” to create an equitable, just and non-discriminatory society, the Committee is nevertheless concerned that the principle of non-discrimination contained in article 2 of the Convention is not fully respected in practice. Girls continue to face discrimination and disparities, particularly with regard to health care, nutrition and early marriage, as do particular groups of children, including refugee children…

33. The Committee strongly recommends that the principle of non-discrimination, as provided for under article 2 of the Convention, be fully and vigorously applied by the State party and integrated into the implementation of all other articles to guarantee, without discrimination, the rights set out in the Convention. The Committee further recommends that the State party take the necessary measures to ensure that efforts to address persistent discrimination and reduce disparities are adequate and effective in the family, schools and other settings, and in particular among marginalized and excluded children, including girls, children of ethnic minorities and refugee children[167].

…

“In particular, the Committee was concerned that the principle of non-discrimination contained
in Article 2 of the CRC is not fully respected in practice. It noted that girls continue to face
discrimination and disparities (see also Section 2.4.3), as do vulnerable groups of children,
including children with disabilities, children in slums and rural areas, refugee children, and
children of ethnic and religious minorities”[168].

Case Study: Mohammed Islam, Nayapara camp

“I would like to heartfelt thanks on behalf of whole Rohingya refugees from Nayapara camp to GOB and UNHCR but I'm extremely sorry to express that, we don't get appropriate treatment and medicine but management and systems are at best level in camp. My daughter Umme Kulsum age 07 has been suffering with a disease for 05 years. She can't walks well as other normal Babies. She trembles and always falls down. I requested many times for better treatment of my daughter to the MTL or Medical Team Leader of Nayapara camp, field staffs of UNHCR and including UNHCR Dr. Tymul and Bul Bul unfortunately they didn't look at my daughter but told that no treatment available. According to my knowledge many serious refugee patients are suffering cause of neglect of doctors and lack of needed or appropriate treatment. I'm former camp chairman of Nayapara camp. Name: Mohammed Islam. Mobile No. 01824512193”[169]. On 27^th April 2016 he further commented that “(T)his is just a display but refugees don't get appropriate treatment at Nayapara Rohingya refugees camp in Bangladesh”[170].

8.6. Ethnic Cleansing

The Guiding Principles on Internal Displacement (E/CN.4/1998/53/Add.2) is the first UN instrument that uses the term 'ethnic cleansing'[171].

United nations General Assembly Resolution 3 (1) of 13 February 1946 and 95 (1) of 11 December 1946 which confirm war crimes and crimes against humanity as they are defied in the Charter of the International Military Tribunal of 8 August 1945;

Law no. 10 of the Control Council for Germany of 20 december 1945 for the Punishment of Persons Guilty of War Crimes, Crimes against Peace and Crimes against Humanity;

9.      History of the Rohingya people

9.1.   Introduction

9.1.1.Anthropological constitution of the Rohingya people.

9.1.2.Arakan, the home of the Rohingyas - Short description covering location, geography, climate, economy and demography. 120 words.

9.1.3.Rohingyas are not indigenous people of the Arakan. They are a mixture of the Arabs, Persian, Bengali and other indo-persian people who later, except the Arabs and the Persians, converted to Islam and started to call themselves the Rohingyas.

9.1.4.Who are the indigenous people of Arakan?

9.2.   Migrations into Arakan

9.2.1.Mongolian people including the Rakhine.

9.2.2.Arabs, Persian, Bengali and other indo-persian people, which is the principal stock of the Rohingya people, hereinafter referred to as Rohingya people.

Francois Bernier, who was one of the earliest Europeans to travel and report about India, stated in his book ‘Travels in the Mogul Empire, A.D 1656-1668’ that there were many Muslims living in Arakan in the 17^th Century. He states “(A)lthough the King of Rakan[172] be a Gentile[173], yet there are many Mahometans[174] mixed with the people, who have either chosen to retire among them, or have been enslaved by the Portuguese before mentioned[175], in their expeditions to the neighbouring coasts”[176][177]. We note that Bernier reported that the Muslim population of Arakan in the 17^th century CE went there through two routes; they either migrated to Arakan to live there or were enslaved from the lower Bengal[178]. The Muslim population that were enslaved from the lower Bengal were taken there arguably in the contemporary period of the narrative in question, i.e. around 1660 CE[179], however, Bernier did not make any suggestions regarding any possible period when the other part of the Muslim population living in the Kingdom of Arakan at that time migrated there or any possible number of this people.

9.3.   Different waves of non-mongolian migration in to Arakan

9.3.1.First wave in 8th century CE following amalgamation of the Chittagong region of Bengal in to the Vesali kingdom of Arakan.

9.3.2.Second wave in the 8th century CE of the Muslim Arab and Persian shipwrecked traders when the Arab Muslim traders were in great numbers in the Bay of Bengal.

9.3.3.Third wave of possible migrants following the second conquest of Chittagong in the 9 century by the Mongolian rulers of the Arakan.

9.3.4.Fourth wave of migration following the British conquest of Burma in the 19th century.

9.3.5.Fifth wave of migration in the second world war period, mostly as economic migrants as agricultural and forest labourers.

9.4.   The First wave of migration into the land of Arakan. The first wave of migration of the non-Mongolian in to the Arakan happened in the 8th century CE. This wave of migrants were from the south east Bengal, currently known as the Chittagong region. They were Bengali people. In order to understand the background of this and other migration events we need to gain a simple understanding of the history of the Arakan land.

9.4.1.History of Arakan

9.4.2.Periods in Arakan history.

9.4.3.City of vesali or vaishali or Waithali

9.4.3.1.            Introduction - time line, emergence and decline. They were a trading people.

“Arakan was discovered and forgotten by the rest of the world as its power rose and fell. In the first century AD the Alexandrian geographer Ptolemy knew it as Argyre, the land of silver, which was visited by merchants from southern India. Chinese Buddhist pilgrims of the seventh century knew it and the area of east Bengal within its cultural sphere as A-li-ki-lo or Harikela”[180].

“After the fall of Dhanyawadi in the 4th century CE, the centre of power shifted to a new dynasty based in the town of Waithali. The Waithali kingdom ruled the regions of Rakhine from the middle of the 4th century to 818 CE. The period is seen as the classical period of Rakhine culture, architecture and Buddhism, as the Waithali period left behind more archaeological remains compared to its predecessor”[181].

“Meanwhile, in the west of modern Myanmar, on the strip of coastline extending southward from the Bangladesh border now called Arakan, another state took shape, the Chandra kingdom.  It’s people probably related to the Pyus, the Chandra state took shape during the 2nd century BCE and extended through several dynasties until the 8th century CE.  During the 7th century the state split into four parts, Vaisali and Parapura in the south and Pattikera and Harikela in the north, the latter with a capital at Chittagong, now in Bangladesh”[182].

“It has been estimated that the centre of power of the Arakanese world shifted from Dhanyawadi to Waithali in the 4th century AD. Although it was established later than Dhanyawadi, Waithali is the most Indianized of the four Arakanese kingdoms to emerge. Like other Arakanese kingdoms, the Kingdom of Waithali was based on trade between the East (pre-Pagan Myanmar, Pyu, China, the Mons), and the West (India, Bengal, Persia).

Anandachandra Inscriptions date back to 729 AD originally from Vesali now preserved at Shitethaung indicates adequate evidence for the earliest foundation of Buddhism and the subjects of the Waithali Kingdom practised. Dr. E. H. Johnston's analysis reveals a list of kings which he considered reliable beginning from Chandra dynasty. The western face inscription has 72 lines of text recorded in 51 verses describing the Anandachandra's ancestral rulers. Each face recorded the name and ruling period of each king who were believed to have ruled over the land before Anandachandra.

Important but badly damaged life-size Buddha images were recovered from Letkhat-Taung, a hill east of the old palace compound. These statues are invaluabe in helping to understand the Waithali architecture, and also the extent of Hindu influence in the kingdom.

According to local legend, Shwe-taung-gyi (lit. Great Golden Hill), a hill northeast of the palace compound maybe a burial place of a 10th-century Pyu king.

The rulers of the Waithali Kingdom were of the Chandra dynasty[183], because of their usage of Chandra on the Waithali coins. The Waithali period is seen by many^{[by whom?]} as the beginning of Arakanese coinage - which was almost a millennium earlier than the Burmese. On the reverse of the coins, the Srivatsa (Arakanese/Burmese: Thiriwutsa), while the obverse bears a bull, the emblem of the Chandra dynasty, under which the name of the King is inscribed in Sanskrit”[184].

“Wesali or Vaisali was founded by Hindu Chandra Dynasty. "The area known as North Arakan had been for many years before the 8th century the seat of Hindu dynasties. In 788 AD a new dynasty, known as the Chandras, founded the city of Wesali. This city became a noted trade port to which as many as a thousand ships came annually; the Chandra kings were upholders of Buddhism, ... their territory extended as far north as Chittagong;---- Wesali was an easterly Hindu kingdom of Bengal --- Both government and people were Indian[185]. So far as Arakan is concerned, the inscriptions show traces of two early dynasties holding sway in the north. The earlier one, a Candra dynasty, seems to have been founded in the middle of the 4th century AD. Its capital was known by the Indian name of Vaisali and it maintained close connections with India. Thirteen kings of this dynasty are said to have reigned for a total period of 230 years. The second dynasty was founded in the 8th century by a ruler referred to as Sri Dharmavijaya, who was of pure Kshatriya descent. His grandson married a daughter of the Pyu king of Sri Ksetra[186].

Hindu statues and inscriptions were found in Wesali. The ruins of old capital of Arakan - Wesali show Hindu statues and inscriptions of the 8th century. Although the Chandras usually held Buddhistic doctrines, there is reason to believe that Brahmanism and Buddhism flourished side by side in the capital.

"The Burmese do not seem to have settled in Arakan until possibly as late as the tenth century AD. Hence earlier dynasties are thought to have been Indian, ruling over a population similar to that of Bengal. All the capitals known to history have been in the north near modern Akyab"[187].[188]”

“Vesali, by San Tha Aung

Anandacandra inscriptions on Shitethaung Pillar in Mrauk-U describe King Dven Candra as the father founder of Vesali. Not only nine Candra Kings but also sixteen kings descended from Dven Candra and other kings ruled over the country with Vesali as the Capital.

Situation and Structure

Vesali was the Capital when Candra dynasty reigned over the country. It lies five miles north of Mrauk-U. The city walls and palace site can be clearly observed in photographs taken from aerial view. By studying these photographs and the article 'Rakhine Capital' written by Prof. Daw Thin Kyi (Journal of Myanmar Research Society Vol 52 Part 2, 1970, December) and through field-works, the structure of Vesali will be described as follow.

To the west of Vesali runs Rann-Chaung, a tributary of Kaladan River. Lying east to the city is the mountain range extending from Kaladan to Lemro River. The old palace city wall forms an irregular square with a narrow and curved part. The walls are almost straight in east and north but are curved in the west and south. A Rann-chaung tributary runs across the city.

The widest distance between the north and south walls is about 1000 feet and between the east and west walls about 6500 feet.

These walls are the outer walls and there is another inside, the inner wall. The inner wall is encircled by a moat. Inside these walls is the palace site. The extent of the palace site is about 1500 feet from north to south and about 1000 feet from east to west.

There are so many wells for drinking water inside the city and even a large lake in the east. During the golden days of this city, majority of the population lived within the outer city, whose walls enclosed the fields in which they worked.

Vesali Stone Stair

Vesali can be completely called Vesali Stone Stair City or Vesali Stone Pier City. Some remnants of Stone Stair can be still found close to the northwest of the palace city on the Rann-chaung tributary. At present, only the lower part of the Stone Stair can be seen at low tide as the stones from upper part have been taken away by the villagers nearby for their uses. At Vesali Period, the Stone Stair would serve as an important pier for sea-going sailing-ships. The city would be crowded with sailing ships from Vesali and other countries travelling to and fro for trading purposes.

Thaunggyat-taw or Frontlet Relic Pagoda

The road to Mahamuni from Mrauk-U passes through and halves Vesali. Taking this road, the south wall of Vesali can be seen at the distance of four and half miles from Mrauk-U. Just in front of the wall is a hill on which Thaunggyat-taw pagoda stands. At the top of the ridge extending the southwest of Thaunggyat-taw pagoda is a stupa from where a stone inscription containing Ye Dhamma verse was found in May, 1965. In 1957, the stone inscription of Niticandra's queen was recovered from a ruined stupa at Unhissaka hill north of Thaunggyat-taw pagoda. In that year, Viracandra's inscription was found at a ruined stupa on a hill north of Unhissaka hill. The letters in these inscriptions closely resemble to those used before six-century. The names of Niticandra and Viracandra are inscribed on Anandacandra inscriptions.

Thalla-waddy Village

Pauktawbrung village is situated closed to the inner side of the south wall of Vesali. Now a day it is called Thalla-waddy Village. Forty years ago, an inscribed copper plate was obtained at a mound near the city wall at a distance of two furlongs from this village. It is a land grant record of a Vesali king. The second inscribed bronze bell was recovered from a pagoda on Aboungdawdatt Hill south of Thallawaddy village ten years ago. The scripts of the two inscriptions are identical and written with letters used before six century. The monastery of the village is situated on a small mound. It is said that the Anandawdaya monastery built by Anandacandra was once situated on that mound. There is a well dug during Vesali period in the monastery compound. When a place was cleared for building a Sima, a collection of stones were found. They are base slabs used for erecting the stupas and stone status after carving. It is suggested that there would be a grotto beneath the mound.

Vesali Village

The palace site serves as the settlement grounds of Vesali Village. Some ancient ruined cetiyas, broken Buddha images, broken stone statues and carvings are found to be scattered on the hills lying along the road from Thallawaddy to Vesali Village.

On going to the north, there is a large lake, the former moat of the palace site. After the lake, one will reach the Vesali village. The village monastery lies on a hill now called Lak-khat Taung. Some Nat statues and Bodhisattva figures are found on the hill. This believed to be the origional site of Anandacandra Inscription Piller which was moved to Shitethaung Temple by King Mong Ba Gree. It is said that Lakkhat Taung or loom batten hillock gets its name as there is a stone slab used to set up the statues and it looks like the frame of the reed in the loom. Adjacent to Lakkhat Taung is the palace site. At one place of palace site, there is a headless statue with four arms and a child figure on each side. It is Vishnu statue. On its back, there is a conch shell motif also seen on the stone slab capping the Anandacandra Piller. King Mong Ba Gree made the statue with four arms like this be carved in the gallery of Shitethaung temple.

Memorable inscription for building a pagoda

The palace site is encircled by a moat. A stone inscription with the same script as the Anandacandra Inscriptions was recovered from the moat. The difference is the way of writing of "Ra" alphabet. "Ra" is written as the English alphabet "J". Now the inscription is observed in Mrauk-U Museum.

The Great Image of Vesali

Lying north to the Vesali village is the Sanghayana or Buddhist synod hill. The great image of Vesali believed to be built by Maha Taing Candra's queen, rests on a hill near it. The image was carved of a large single block of sandstone. It is praiseworthy how such large stone could be carried to the top of the hill. Now some ancient styles of the image are disappeared as some monks changed the eyes of the image with the false eyes from foreign countries. Other than the eyes, the frontlet of the image is also richly ornamented.

In 1959, Vesali monastery Sayadaw found an inscription containing Ye Dhamma Verse in Pali, used before six century on cleaning the walls of the campus.

Vesali free from protection

Vesali palace city and the ruined pagodas near by have turned into fond of treasure-trove hunters. Brick rubbles and broken stone statues and images are scattered here and there. Stone stair, arch-ways, city walls and palace site are almost completely destroyed. There is no one to take care or protect the city so they all are in great disorder. As it is not in the same condition as the ancient Rakhine capitals viz Parein, Laungret which were washed away by the mighty Lemro currents, some precious things may still stay in the soil. If the old city is systematically excavated it is sure that some evidences invaluable to the study of Rakhine history will appear.

Civilization

The presence of the pier for the sea-going sailing-ships indicates that Vesali would have dealings with foreign countries. Vesali had cultural relations especially with the northeast India. Communications with the area were made not only by sea but also by land.

The various of silvers coins bearing the inscriptions and a bull motif have been being discovered around Vesali. These coins indicate that the trade relationships of Rakhine with foreign countries were flourished during Vesali period (4 to 8 centuries AD). It is evident; therefore, that Rakhine does not tag behind the time. The civilization of Vesali would be at the highest level in the world at that time.

The decorated carvings of stone and metal images, stupas, statues and lamps were discovered from Vesali. They unmistakably point out the high level of art that Vesali had attained.

The materials used in stone carving are very hard sandstones. So the tolls used must be much more harder. Therefore, it is known that Vesali people could produce and use the metals with high hardness.

Moving the huge stones from a distant place, carrying these stones to the top of the steep hills, making circular stone plates and casting the coins indicates the level of technology that Vesali had attained.

Bronze bells and copper plates were to be inscribed. Besides them other substances may also be used. Bell, copper plate and stone inscriptions in Sanskrit give an indication that Sanskrit would be popularly used in Vesali. As the language was used only by higher standard people, the Sanskrit scholars would invent a language for public use.

Household utensils such as stone plates, pots, golden sash, rings, bracelets and ear-plugs were also discovered around Vesali.

In Vesali period, Ye Dhamma verse would be inscribed at all pagodas built. Stone inscriptions containing Ye Dhamma verse were abundantly found at many ruined pagoda in Vesali and the area nearby. The meaning of Ye Dhamma verse is as follow.

Of these dhammas which arise from causes

The Tathagata has declared causes

Lord Buddha preached about the causes

And the effects gained by the causes

And that which is the ceasing of them, Nirawda Thitesa

This the great ascetic declares.

The verse, which is considered as the essence of Theravada spirit, bears testimony to the fact that Buddhism flourished to an utmost degree in Vesali. The relationship of Vesali with foreign countries especially Ceylon would be established for Buddhism.

Unability to go against Sankara

Deciphering Anandacandra inscription and studying paleography of inscription on the coins, Johnston and Sircar suggested the date of the founding of Vesali to be 320 AD or 350 AD. Rakhine chronicles record that Vesali declined in 957 AD.

The golden days of this city were contemporary to the days of Thayekhitaya. It had been the capital of Rakhine Kingdom where the Rakhine culture had its full bloom for about 600 years before Pagan came into existence. At present, Vesali is in ruin in accordance with Sankhara. It has been for about 1000 years that Vesali came to an end. But we have been discovering the workmanships of Vesali people till now.

Note: The related figures of stone inscriptions, copper plate inscriptions, bronze bells and Vesali coins described in this articles can be seen in the book, "Scripts of Rakhine, 6th century and before" written by U San Tha Aung.

SAN THA AUNG

Translated by - Kyaw Soe Naing 2nd M.B.B.S I.M (2), Source: The Rakhaing Tha-Ha-Ya Athong Megazine No.3[189]”

Dharmabijaya of Arakan conquered Chattagram  (Chittagong) in c. AD 665[190][BRK1] .

9.4.3.2.            The Chandra dynasty of the vesali period and its non-Mongolian bengali nature

9.4.3.3.            The Anandachandra script in Switwell

9.4.3.4.            King Dharmavijaya of the City of Vesali and his conquest of Chittagong in 8th century CE.

9.4.3.5.            Consequences of the amalgamation of south east Bengal with Arakan.- migration of the Bengali people to the Arakan and the Rakhine to parts of Bengal. (When the Rakhine arrived in Potuakhali and other areas in Bangladesh?)

9.4.3.6.            The Kingdom of Harikela in south east Bengal- its various similarities with the Kingdom of Vesali in Arakan.

9.4.3.6.1.                 First Similarity- Chandra dynasty in both the Kingdoms.

9.4.3.6.2.                 Second similarity- similarity of the coinage in the two kingdoms.

A comparison between Chandra Dynasty of Arakan Coins and Harikela Coins

Figure 2 (right): Harikela coins, issued during the kingdom's short existence[191]

Figure 1 (left): Silver coin of king Nitichandra of Arakan in 8th century (British Museum). Most Arakan coins had the name of the ruling king on one side and the logo of the sun and moon and srivatsa on the other side. [192]

Figure 1: Eastern Bengal, Arakan Region, Silver Unit, "Harikela" Type

“Eastern Bengal, Arakan Region, Silver Unit, "Harikela" Type, Obv: bull seated facing left, legend harikela above, crude figure of sankha shell behind the bull's rump, Rev: ornate shrivatsa symbol, surrounded by beaded garlands, crescent moon and sun above, 8.20g, 30.60mm”[193].

HARIKELA: Deva period, 8th century, AR 60 ratti (6.61g), Mitch-218, humped bull seated left / yupa in temple, Very Fine to Extremely Fine, ex. Eck Prud'homme collection[194].

9.4.3.7.            Are Harikela Chandras breakaway descendants of the Vesali Chandras? Harikela appears to be a later kingdom.

9.4.3.8.            (Are ) these two names for one single kingdom.

When the Mongol invasion drove the Chandras away from the City of Vesali, in 8/9th century they fled to the Bengal side of their Vesali kingdom. Chittagong region of Bengal was already a part of their Kingdom. They advanced from their Chittagong base towards the middle part of the lower Bengal comprising the current districts of Comilla, Noakhali, Lower Dhaka, etc. This part of Bengal was under another independent small Kingdom called Samatata. North of which was the greater Pala empire and later Sena empire of Bengal. In their advance for survival the Vesali Chandras conquered Samatata. They setup their capital at Lalmai hills in Comilla, which was also the capital of the Samatata kingdom and once consolidated flourished again using the name Harikela. The usual association of the Harikela kingdom with only the south east Bengal or Chittagong region is reasonable as they were initially based in Arakan including Chittagong and in their second phase, i.e. after being evicted from the City of Vesali they first perhaps settled in Chittagong before starting their campaign to conquer Samatata. The Chadras remained a trading dynasty encouraging trade in Harikela as they did in Vesali. This part of the lower Bengal has always been independent and that is since written history of this area is found. In the beginning this land was known as Banga and the epic Mahabharata tells that the two kings from Bengal that took part in the great Kurukhetra war were the king of Poundro (present day north Bengal with its capital in Bogura) and the King of Banga. The king of Banga died in the war. Later Samatata kingdom became prominent in the same land, and lastly it was the Harikela Kingdom which lasted until 11th century CE. Of course Harikela and Samatata existed concurrently for some period before Harikela conquered Samatata.

9.4.3.9.            Consequences.

10.   Second wave in the 8th century CE of the Muslim Arab and Persian shipwrecked traders when the Arab Muslim traders were in great numbers in the Bay of Bengal.

10.1.                  Abdul Karim

The Rohingya people are Muslims. The earliest records of Muslims settling in Arakan comes from the 8^th century CE. Prominent Bangladeshi historian Abdul Karim stated that the Arab Muslim traders were conducting trade in the coasts of the Bay of Bengal in the 8^th century CE (Common Era)[195]. the first to settle in the region. The Arakan royal saga Radja-tuye states that during the reign of king Mottoingot Chondoyot, who is the descendant of kan-ra-dja-gi in the 788-810 CE few Ku-lo, i.e. foreign ships were broken down in collision with the 'Ronbi' island. The Muslim passengers of the ships were taken to Arakan. There they started living in the rural area[196].

“Arabs were the earliest people to travel to the east by sea. They were in contact with Arakan even during the pre-Islamic days. The Arakanese first received the message of Islam from the ship wracked Arabs in 788 A.D. Such ship-wrecks were occurred over and over in the coasts of Arakan and Chittagong.

This Arab presence, with the message of Islam, made up the nucleus of Muslim society in Arakan. Thus in Wesali the Arakanese practiced Hinduism, Mahayanist form of Buddhism and Islam”[197].

“The Burmese military regime affirmed in its official book Sasana Ronwas Htunzepho, published in 1997, “Islam spread and deeply rooted in Arakan since 8th century from where it further spread into interior Burma”.[198]”

A number of architecture named 'Bodor Mokam' or Buddha's Mokam, i.e. Buddha's adobe, are still seen in the Arakan coast. Some historians think that these are the influences of the Muslims in the 9th and 10th century CE[199]. For example Dr. Enamul Haq and late Abdul Karim Sahitto Bisharod stated that this type of strange mosques named ‘Buddher Mokam’ started to appear in the coastal areas from Asam to Malaya peninsula in 9th-10th century[200]. Recently Mr. Siddiq Khan shed new light on the matter of 'Bodor Mokam'[201].

11.   Third wave of possible migrants following the second conquest of Chittagong in the 9th century by the Mongolian rulers of the Arakan.

11.1.                  Abdul Karim

The same Saga states that in 953 CE Arakan's king Sulot Ing Chondoy-o conquered 'Surton' and erected a victory obelisk there. According to the King's statement, the place was named 'Chetta Goung' meaning war is inappropriate[202].

Some modern historians believe that 'Surton' is the Arakani variant of the word Sultan and accordingly they maintain that the Muslims established an Arab State in Chittagong in that time[203].

12.   Fourth wave of migration in the 16^th – 17^th century CE in the era of Mrauk U

The Mughal conquest of West and Central Bengal in 1576 left East Bengal for decades in the hands of local Muslim or Hindu lords, the so-called Baro

Arakan occupation of Swandip and Bakla chandradwip of lower Bengal in 1603. Although the Swandip Island in the south eastern Bengal was dejure part of the Mughal Empire, the Mughals did not have effective control over it. In their absence in and around the year 1602 CE the King of Arakan and the Portuguese in the Bay of Bengal were in constant battle over the ownership of the island[204]. The Moghs of Arakan conquered Swandip and parts of Bakla-Chandradwip around 1602. In 1603, a large fleet of the Maghs of Arakan invaded the Dhaka waters, and launched a severe attack on the Mughal fort at Trimohani[205]. But they were chased by a Mughal force with heavy casualties[206]. Kedar Rai, zamindar of Vikrampur and one of the renowned Bara-bhuyans of Bengal, joined the Maghs with his own fleet and attacked the Mughal outpost of Srinagar[207]. The south and east of Bengal suffered the barbarism of the Arakan Moghs for a long period as much as that a proverb, Mogher Muluk- meaning the lawlessness of a country as it was under the Moghs, emerged in Bengali describing the state of the country[208]. Chittagong of south east Bengal was a part of the Kingdom of Arakan in and around the year 1610 CE[209]. Moghs ravaged the entire countryside of south Bengal and abducted Bengalies to be sold as slaves in Hoogley, Tamluk and Chittagong in Bengal. Bengali slaves were often carried to markets outside the contemporary Bengal such as Pipli (in present day Orissa) and Arakan (in Myanmar)[210]. According to the diary of Sir Streynsham Master, dated 30^th November 1676, “there stands an old fort of mud walls, which was built to prevent the incursions of Arakanese, for it seems about ten or twelve years since they were so bold that none durst live lower than this place, Arakanese usually taking the people of the shore to sell them at Pipley”[211].

Arakan king Min Khamoungo or Hossen Shah Rokhongo attacked Bengal from his capital Mrohong or Roshango in the rainy season of 1620 CE[212].

An administrative correspondence issued by the the Chief of the British East India Company at Chittagong (then Islamabad) in 1777 CE reported to the Governor General of the Company at Fort William that the natives of Bengal resident there exceed the number of Mogh Arakanese, although he found that to be doubtful. The correspondence states “(’t)is said that there are no Europeans in the Country [the Kingdom of Arracan, currently spelled  Arakan] & that the Natives of Bengal Resident there, exceed the Number of Muggs [Arakanese] [213]; This latter assertion appears doubtful[214].” Chittagong is situated just across the border of Arakan, but we need to keep in mind that the Company in 1777 CE still did not have effective communication or representatives in Arakan and these reports are derived from individuals who travelled from Arakan and came in contact with the Company Chief in Chittagong. However, the above report was communication among the highest level of relevant Company administration and supposed to contain the best possible information at the time concerned since the Company acted on these reports. Taking in to account the doubt expressed by the Chief of Company at Chittagong, we assume that the number of the Bengali people living in Arakan in 1777 CE, if not more than the number of the Mogh or Rakhine Arakanese living there as reported, was at least equal.

East India Company administrative records show that Arakanese Moghs raided south east Bengal, the Chittagong area, on a regular basis. The primary purpose of these raids was abduction of Bengali people in order to sell them as slaves. We noted above that these Arakanese so aptly named ‘slave raids’ began much earlier, records going as far back as 1600 CE. An East India Company administrative correspondence sent to Tho’ Kelsall, Chief of Dacca (Dhaka) Council of the Company on 13 January 1769 states “(A)rakanese raids increased recently. Light boats fit for pursuing then wanted”[215]. Six years later on 2 September 1775 another report to the Governor General Warren Hastings states “Mugs are preparing to launch their usual attack on the province [Chittagong in Bangladesh][216]. A 15 December 1776 correspondence reports to the Governor General of the Company that “(T)o resist the mug incursions, the measure of consistant[217] cruising off the Arakan coast is taken”[218], and on 19 December 1776 another “recommended to build eight or ten boats after the fashion of the Mug boats, to guard the coast”[219]. Soon the “Dacca (Dhaka) Council sent a number of boats suitable for chasing the mugs”[220]. The following year the recipient, a Salt Agent, was “(A)sked to help the party of sepoys [members of the armed forces] stationed in the coast to drive out the mugs”[221], and the Dhaka Company Chief was assured that the “(A)rmament against the mugs prepared”[222]. The purpose of these raids, or incursions as they were referred to in those days, becomes clear from the next administrative correspondence which reports to the Governor General of the Company that “(t)he mugs returned 48 persons they took away from this province before as prisoners”[223].

It also appears that a lot of Arakanese Mogh (Rakhine) migrated to Bengal (now Banglaesh) and settled there. An East India Company administrative correspondence dated 17 November 1775 CE reports that “about two thousand Arakaneese “have deserted their country and come to settle in this Province [Chittagong, Bangladesh]”. Favourable treatment may induce more people to come and cultivate the under populated province”[224].

“In the eighteenth century some 50,000 Arakanese refugees fled to Chittagong during a prolonged rebellion against the Burmese throne”[225].

13.   Fourth wave of migration following the British conquest of Burma in the 19th century.

14.   Fifth wave of migration in the second world war period, mostly as economic migrants as agricultural and forest labourers.

“The total population of Arakan Division, which includes members of various indigenous ethnic groups as well as a substantial number of Pakistanis, was 1,847,000 at the start of 1969. As in the past, Arakan Division had the highest concentration of Muslim inhabitants in Burma. The 1931 census (the last complete Burmese census) showed Muslums as constituting 4 percent of the total population; 41 percent lived in Arakan Division, and most of the others lived in the delta and central districts of Burma. At that time 68 percent of the Muslims in Burma were Indians (now Pakistanis), and only 30 percent were indigenous Muslims, A student of the Muslim community in Burma has suggested that these proportions were probably still approximately the same in 1962”[226].

Notes:

Find and review

28.05.2017:

‘J. J. A. Campos, History of the Portuguese in Bengal’, Patna, 1979.

29.05.2017

D.G.E. Hall 1955 History of Southeast Asia—for many years a standard reference book on South-East Asian history

Stephan van Galen ‘Arakan and Bengal: The Rise and Decline of the Mrauk U kingdom (Burma) from the fifteenth to the seventeenth century ad’ (Leiden, 2008) entirely based

on yet unpublished Dutch archival documents

07.09.2017

The Forgotten Rohingya: Their Struggle for Human Rights in Burma,

Dr. Habib Siddiqui (Author), Publication Date: August 29, 2008: https://www.amazon.com/Forgotten-Rohingya-Their-Struggle-Rights-ebook/dp/B001F0RUE8

RohingyasInsecurity and Citizenship in Myanmar: Insecurity and Citizenship in Myanmar,

Editors  Trevor Gibson, Helen James & Lindsay Falvey, Publisher     Thaksin University Press, 2016: https://goo.gl/Nzzf1b

A History of Chittagong: From ancient times down to 1761, Volume 1, Sunīti Bhūshaṇa Kānunago, Publisher: Dipankar Qanungo, 1988

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[1] Unpublished. 2017.03.22.

[2] BBC.com, http://www.bbc.com/news/world-asia-38091816?SThisFB, accessed on November 24, 2016.

[3] The Curious Lawyer, http://thecuriouslawyer.blogspot.com/2016/03/the-eu-turkey-agreement-on-syrian.html

[4] http://www.kofiannanfoundation.org/news-releases/advisory-commission-rakhine-state/

[5] http://www.independent.co.uk/news/world/asia/rohingya-muslims-burma-video-shows-alleged-site-of-mass-murder-soldiers-a7458326.html

[6] http://www.nytimes.com/2016/12/01/world/asia/myanmars-leader-faulted-for-silence-as-army-campaigns-against-rohingya.html

[7] http://www.bbc.com/news/world-asia-38168917

[8] http://www.bbc.com/news/world-asia-38168917

[9] http://www.bbc.com/news/world-asia-38168917

[10] https://www.facebook.com/raihan11/posts/10209273687852681

[11] http://thecuriouslawyer.blogspot.com/2016/12/dalai-lama-please-save-rohingyas-from.html

[12] http://thecuriouslawyer.blogspot.com/2016/12/blog-post.html

[13] https://www.un.org/sg/en/content/sg/note-correspondents/2016-12-08/note-correspondents-statement-mr-vijay-nambiar-special.

[14] https://www.facebook.com/raihan11/posts/10209326630536215

[15] https://www.un.org/sg/en/content/sg/note-correspondents/2016-12-08/note-correspondents-statement-mr-vijay-nambiar-special

[16] http://www.thedailystar.net/world/intensify-pressure-myanmar-british-mps-1328170

[17] http://www.economist.com/news/asia/21654124-myanmars-muslim-minority-have-been-attacked-impunity-stripped-vote-and-driven

[18] YouTube location link: https://www.youtube.com/watch?v=gMZnYHkY-wY&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH; LinkedIn location link: https://www.linkedin.com/hp/update/6228519910461534208

[19] https://www.youtube.com/watch?v=bkTx_ycgfBg&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=2

[20] https://www.youtube.com/watch?v=HZyWMTnGwds&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=3

[21] https://www.youtube.com/watch?v=cp4Mc0J2mo0&index=4&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH

[22] https://www.youtube.com/watch?v=Si86A8LGi_0&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=5

[23] https://www.youtube.com/watch?v=gatTGeJI8OE&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=8

[24] https://www.youtube.com/watch?v=fNLT2vJyTU0&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=9

[25] https://www.youtube.com/watch?v=cFX-lxBo4pY&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=10

[26] https://www.youtube.com/watch?v=mWZg9vEmLUM&index=11&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH

[27] https://www.youtube.com/watch?v=0ut7TK2tJ2s&list=PLpQuE2JhW1Jdhaq7jg5VKThvXNQB1VjfH&index=12

[28] http://thecuriouslawyer.blogspot.com/2017/01/rohingya-refugee-dil-mohammed-tells-his.html

[29] https://www.facebook.com/raihan11/posts/10209681068196935?pnref=story

[30] https://www.facebook.com/raihan11/posts/10209681078357189

[31] https://www.youtube.com/watch?v=gMZnYHkY-wY

[32] http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=21042&LangID=E

[33] http://edition.cnn.com/2016/11/24/asia/myanmar-rohingya-refugees-bangladesh/

[34] http://time.com/4596937/burma-myanmar-rohingya-bangladesh-refugees-crimes-against-humanity/

[35] http://www.bbc.com/news/world-asia-38345006

[36] http://www.unhcr.org/

[37] http://www.iom.int/

[38] https://www.facebook.com/raihan11/posts/10209682349428965

[39] https://www.youtube.com/watch?v=gMZnYHkY-wY&t=7s

[40] https://www.youtube.com/edit?video_id=bkTx_ycgfBg

[41] https://www.youtube.com/edit?video_id=HZyWMTnGwds

[42] https://www.youtube.com/watch?v=Si86A8LGi_0&spfreload=10

[43] https://www.youtube.com/edit?video_id=mWZg9vEmLUM

[44] https://www.youtube.com/edit?video_id=0ut7TK2tJ2s

[45] https://www.youtube.com/watch?v=gatTGeJI8OE

[46] https://www.youtube.com/watch?v=cp4Mc0J2mo0&t=6s

[47] https://www.youtube.com/edit?video_id=cFX-lxBo4pY

[48] https://www.facebook.com/raihan11/media_set?set=a.10209713748933933.1073741837.1036647065&type=3

[49] https://www.hrw.org/news/2016/11/21/burma-new-wave-destruction-rohingya-villages

[50] January 10, 2017, https://www.nytimes.com/2017/01/10/world/asia/rohingya-violence-myanmar.html?_r=0

[51] http://www.iom.int/about-iom

[52] http://www.iom.org.bd/

[53] http://www.iom.org.bd/pages/iom-regional-director-for-asia-and-pacific-visit-coxs-bazar/

[54] http://www.iom.org.bd/search/?keywd=Myanmar&search=

[55] http://iom.org.bd/images/files/pdf/iom_Bangladesh_Newsletter_Issue2_2014.pdf

[56] http://iom.org.bd/ftp.iom.org.bd/IOM-UNDP Programme on Mainstreaming Migration into National Development Strategies.pdf

[57] http://www.bbc.com/news/world-asia-38091816

[58] http://www.aljazeera.com/news/2016/12/myanmar-ethnic-cleansing-rohingya-161203104609449.html

[59] http://www.irinnews.org/report/100609/briefing-myanmar-s-rohingya-what-s-in-a-name

[60] http://www.irrawaddy.org/burma/arakan-state-govt-condemns-un-rohingya-statement.html

[61] http://www.irinnews.org/report/100882/bangladeshs-rohingya-camps-promise-or-peril

[62] International Organization for Migration, https://www.iom.int/

[63] Sida - Swedish International Development Cooperation Agency, http://www.sida.se/English/

[64] United States of America,

[65] SHED, the “Society for Health Extension and Development” is a Bangladeshi NGO, http://www.shedbd.org/

[66] Google Maps, https://www.google.com/maps/place/Kutupalong+Station/@21.2101793,92.1005979,9449m/data=!3m1!1e3!4m5!3m4!1s0x30ade7750a13a409:0xdc2cb8b23368dcd1!8m2!3d21.2212512!4d92.1622673

[67] https://www.youtube.com/watch?v=bkTx_ycgfBg&t=49s

[68] https://www.youtube.com/edit?video_id=0ut7TK2tJ2s

[69] https://www.youtube.com/edit?video_id=mWZg9vEmLUM

[70] http://reliefweb.int/report/bangladesh/refugees-die-lack-proper-treatment-leda-camp

[71] https://www.youtube.com/watch?v=Si86A8LGi_0&spfreload=10

[72] https://www.youtube.com/edit?video_id=cFX-lxBo4pY

[73] http://www.kaladanpress.org/index.php/news/333-news-2013/august-2013/4313-local-bengali-kills-a-rohingya-refugee-in-kutupalong.html

[74] http://www.rvisiontv.com/15504-2/

[75] http://www.irinnews.org/report/100882/bangladeshs-rohingya-camps-promise-or-peril

[76] https://youtu.be/HZyWMTnGwds

[77] https://www.youtube.com/edit?video_id=fNLT2vJyTU0

[78] https://www.youtube.com/watch?v=gMZnYHkY-wY&spfreload=10

[79] https://www.youtube.com/edit?video_id=gatTGeJI8OE

[80] https://www.youtube.com/edit?video_id=cp4Mc0J2mo0

[81] http://thecuriouslawyer.blogspot.com/2017/01/rohingyas-at-kutupalong-story-of-hope.html?spref=fb

[82] https://www.facebook.com/raihan11/posts/10209752258296643?pnref=story

[83] https://www.linkedin.com/hp/update/6234937120595775488

[84] See below for further discussion on this matter.

[85] 2014 Year-End report, UNHCR, The UN Refugee Agency, Global Focus, UNHCR Operations worldwide, Operation: Bangladesh, available online at http://reporting.unhcr.org/sites/default/files/pdfsummaries/GR2014-Bangladesh-eng.pdf, accessed on 23.04.2017.

[86] Project Background and Overview, ‘IOM Programme Brief- Humanitarian Assistance for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar’, published by IOM Bangladesh, House: 13/A, Road – 136, Gulshan – 1, Dhaka, Bangladesh in January 2017 (hereinafter referred to as ‘IOM Programme Brief, January 2017’).  We have searched the web using Google.com on 11.05.2017 and again on 13.05.2017 but could not locate an electronic copy of this document. We have also explored the IOM Bangladesh website http://iom.org.bd on the said dates and could not locate a copy of this document there.

[87] In the sections ‘Overview’ in the first page, and section ‘Key Achievements-WASH’ in the second page; ‘IOM Programme Brief, January 2017’, ibid.

[88] See for example UNHCR News dated 10 December 2008 ‘Protracted Refugee Situations: Bangladesh camp life improves, but home is best’ at http://www.unhcr.org/news/latest/2008/12/493fd0f24/protracted-refugee-situations-bangladesh-camp-life-improves-home-best.html, and UNHCR News dated 28 January 2013 ‘Two camps of thought on helping Rohingya in Bangladesh’ at http://www.unhcr.org/news/latest/2013/1/5106a7609/camps-thought-helping-rohingya-bangladesh.html, and the latest UNHCR News dated 10 April 2017 ‘Rohingya orphans seek safe space to heal’ at http://www.unhcr.org/news/latest/2017/4/58e4eac94/rohingya-orphans-seek-safe-space-heal.html?query=kutupalong,  all accessed on 13.05.2017.

[89] For earlier instances of categorising Kutupalong and Nayapara as ‘Refugee Camps’ see for example page no. 231, UNHCR Global Report 1999, Myanmar/Bangladesh Repatriation and Reintegration Operation. Special Programme, available on line at www.unhcr.org/3e2d4d617.pdf, accessed last on 14.05.2017 for Kutupalong and Nayapara Refugee camps. See also Table 3. Refugee population by country of asylum, location, sex and age, end-2000, Women, Children And Older Refugees, The Sex and Age Distribution of Refugee Populations With A Special Emphasis on UNHCR Policy Priorities, Population Data Unit, Population And Geographic Data Section, United Nations High Commissioner For Refugees, Geneva, 19 July 2001, available at http://www.unhcr.org/protection/children/3bb318ac7/women-children-older-refugees-sex-age-distribution-refugee-populations.html?query=women, accessed last on 14.05.2017 where Kutupalong and Nayapara are categorized as CAM, meaning “Camps/centers”. See also Table III.4. Refugee population by country/territory of asylum, location, sex and age, end-2000 of the ‘Refugees and Others of Concern To UNHCR, 2000 Statistical Overview United Nations High Commissioner For Refugees (UNHCR), Geneva, June 2002 Compiled by UNHCR, Geneva (Population Data Unit, PGDS/DOS) where again Kutupalong and Nayapara are categorized as CAM, meaning “Camps/centers”. Available online at http://www.unhcr.org/3d4e7bec5.pdf, accessed last on 14.05.2017. See also UNHCR Global Report 2000 – Bangladesh, available at http://www.unhcr.org/3e23eb4da.pdf, accessed last on 14.05.2017 which similarly refers to the Kutupalong and Nayapara as ‘Camp’ of refugees. For recent instances of such usage see for example UNHCR News dated 10 April 2017 ‘Rohingya orphans seek safe space to heal’ at http://www.unhcr.org/news/latest/2017/4/58e4eac94/rohingya-orphans-seek-safe-space-heal.html?query=kutupalong,  accessed last on 14.05.2017 where again Kutupalong and Nayapara are referred to as ‘Refugee Camps’.

[90] Emphasis by author. The document makes a distinction between Myanmar Refugees and Undocumented Myanmar National (UMN)

[91] Background and Strategy, ‘IOM Bangladesh FACT SHEET’, dated August 2016, IOM.OIM.

[92] IOM acronym for ‘Undocumented Myanmar National’.

[93] Background and Strategy, ‘IOM Bangladesh FACT SHEET’, dated August 2016, IOM.OIM.

[94] The Project is supported by the USA, Sida, Humanitarian Aid and Civil Protection of the EU, UKaid and CERF.

[95] Background and Strategy, ‘IOM Bangladesh fact Sheet- Health care Services for Undocumented Myanmar Nationals and Host Communities in Cox’s Bazar’ dated August 2016. One of the 13 documents handed to the author by IOM Dhaka Office during a meeting on 30.01.2017.  We have searched the web for electronic copies of this document but a Google.com search using the title of the document on 11.05.2017 returned no result. We have explored the IOM Dhaka website http://iom.org.bd on 11.05.2017 but none of these 12 documents given to me during the meeting on 30.01.2017 is available online.

[96] They are “(T)he United Nations High Commissioner for Refugees (UNHCR), the United Nations population Fund (UNFPA), the United Nations Children’s Fund (UNICEF), the World Food Programme (WFP), IOM, International Committee of the Red Cross (ICRC) and Bangladesh Red Crescent Society (BDRCS), Actin Contre la Faim (ACF), Handicap International (HI), Medecins Sans Frontires (MSF), Save the Children, Solidarities International (SI), Bangla German Somprit (BGS), Mukt Cox’s Bazar, NGO Forum (NGOF), Research Training and Management International (RTMI), and Society for Health Extension and Development (SHED)”, Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, ibid.

[97] They are “ACF, HI, IOM, SI, WFP, MSF, UNFPA, UNHCR, Mukti and BGS”, Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, ibid.

[98] See the details of our meeting at the IOM Dhaka office on 30.01.2017 supra.

[99] See the image No…. supra.

[100] Later investigations into the matter revealed that “in 2013 the Cabinet, in a meeting chaired by the Prime Minister, approved a “National Strategic Paper on Refugees from Myanmar in Bangladesh and Myanmar Citizens Who Have Breached Bangladesh’s Border,” under which new measures to stop Rohingyas’ movement into the country are being implemented”, Analysis of the Situation of Children and Women in Bangladesh 2015, United Nations Children’s Fund (UNICEF), December 2015, Social Policy, Planning, Monitoring and Evaluation Section (SPPME), United Nations Children’s Fund (UNICEF), Bangladesh, available at https://www.unicef.org/bangladesh/Analysis_of_the_Situation_of_Children_and_Women_in_Bangladesh_Low_23-06-2016.pdf, accessed on 09.05.2017.

[101] Published by Ministry of Environment and Forests, Government of the People's Republic of Bangladesh. Available on line at Climate Change Cell, Department of Environment, Ministry of Environment and Forests, Government of the People's Republic of Bangladesh page: http://www.climatechangecell.org.bd/Documents/climate_change_strategy2009.pdf, accessed on 26.04.2017.

[102] https://www.google.com/search?client=opera&q=National+Strategy+on+Myanmar+Refugees+and+Undocumented+Myanmar+nationals%2C+Government+of+Bangladesh’&sourceid=opera&ie=UTF-8&oe=UTF-8#newwindow=1&q=%22National+Strategy+on+Myanmar+Refugees+and+Undocumented+Myanmar+nationals,+Government+of+Bangladesh%22, date of search 25.04.2017.

[103] http://cxbcoordination.org/Policy/English/National%20StrategyRohingya_UMNs_leaflet_English.pdf

[104] http://cxbcoordination.org/Policy.aspx

[105] http://cxbcoordination.org/resources/policy/

[106] This is pursuant to a visit by a “three-member delegation of the Parliamentary Standing Committee on the Ministry of Foreign Affairs (along with the Hon’ble Foreign Minister)” to the “Sadar, Ukhiya, Teknaf and Ramu upazillas [sub-district] of Cox’s Bazar district” on 17 - 18 August 2013, paragraph 3, ‘Strategy Paper on Addressing the Issue of Myanmar Refugees and Undocumented Myanmar Nationals in Bangladesh: A Summary Presentation’, ibid.

[107] This is in conflict with the general narrative that informs us that the matter of the refugees is under the supervision of the Ministry of Disaster Management and Relief. Several UNHCR documents states that this Ministry of the Government …

[108] The Ministry of Foreign Affairs of the Government of The People's Republic of Bangladesh Memorandum being UN-HR-5013/14/121, dated 31 March 2014 sent to the OFFICE OF THE UNRC, UNHCR, WFP, UNFPA, ICRC, IFRC, IOM in DHAKA, available online at https://www.documentcloud.org/documents/1363897/un-hr-bangladesh.txt, last accessed on 10.05.2017.

[109] “Approximately 74,000 Rohingyas/Undocumented Myanmar Nationals (UMNs) from Rakhine State have crossed the border into Cox’s Bazar, Bangladesh as of 23 February, 2017”, Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, Date of Publication:  03/29/17, available online at: https://www.iom.int/sitreps/bangladesh-humanitarian-response-undocumented-myanmar-nationals-coxs-bazar-5-january-28, accessed on 27.04.2017.

[110] Situation Overview, Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, Date of Publication:  03/29/17, available online at: https://www.iom.int/sitreps/bangladesh-humanitarian-response-undocumented-myanmar-nationals-coxs-bazar-5-january-28, accessed on 27.04.2017. It is mentionable that this is a relatively recent document that appeared in the period subsequent to my advocacy visit to IOM Dhaka office on 30 January 2017.

[111] Situation Overview, Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, Date of Publication:  03/29/17, ibid.

[112] Situation Overview, Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, Date of Publication:  03/29/17, ibid

[113] The title of the instrument clearly states that it is a ‘National Strategy on Myanmar Refugees and Undocumented Myanmar nationals, Government of Bangladesh’ (italics by author).

[114] Bangladesh, Humanitarian Response to Undocumented Myanmar Nationals in Cox’s Bazar; Situation Report 5 January - 28 February 2017, ibid.

[115] https://search.un.org/results.php?ie=utf8&output=xml_no_dtd&oe=utf8&Submit=Search&__utma=84472006.754429373.1485576583.1485576583.1485576583.1&__utmz=84472006.1485576583.1.1.utmcsr%3D%28direct%29%7Cutmccn%3D%28direct%29%7Cutmcmd%3D%28none%29&query="undocumented+nationals"&tpl=un&lang=en&rows=10&page=1, date of search 26.04.2017.

[116] UNHCR Briefing Note, Dated 3 February 2017, http://www.unhcr.org/afr/news/briefing/2017/2/589453557/tough-choices-afghan-refugees-returning-home-years-exile.html, accessed on 26.04.2017.

[117] UNHCR Country Operations Plan for Romania, 2006, http://www.unhcr.org/en-us/433913112.pdf, accessed on 26.04.2017.

[118] “As the largest group of undocumented nationals in the country are Afghans these security operations did have a direct impact on many undocumented Afghans living in Pakistan” (italics by author), UNHCR Briefing Note, Dated 3 February 2017, ibid.

[119] “Urgent progress is needed to turn these pledges into concrete, government-led programmes that benefit all Afghans, including returning refugees, undocumented returnees, and internally displaced people” (italics by author), UNHCR Briefing Note, Dated 3 February 2017, ibid.

[120] Protection and socio-economic operational environment, Part I: Overview, UNHCR Country Operations Plan for Romania, 2006, ibid.

[121] ‘Update No.9 on the humanitarian situation in Libya and the neighbouring countries’ dated 16 March 2011, UNHCR Headquarters, 94, Rue de Montbrillant, Geneva, 1202, available on line at: http://www.unhcr.org/afr/protection/operations/4d81cb5c9/update-no9-humanitarian-situation-libya-neighbouring-countries.html?query=, accessed on 26.04.2017.

[122] “ECHO following its recent visit to the border, expressed serious concern for the sub-Saharan and undocumented nationals who are not treated as well as the other documented arrivals”, Country Updates, Algeria, ‘Update No.9 on the humanitarian situation in Libya and the neighbouring countries’ dated 16 March 2011, UNHCR, ibid.

[123] “Beyond regular migrants, Algeria hosts large numbers of Sub-Saharan irregular foreign workers employed in a variety of sectors, for example in agriculture, construction and tourism, in the northern part of the country – as well as in garment industries and domestic service – in the south (Fargues, 2009)”, MPC Migration Profile, Algeria, Migration Policy Centre, Villa Malafrasca - Via Boccaccio 151, I-50133 Firenze – Italy, June, 2013, available on line at: http://www.migrationpolicycentre.eu/docs/migration_profiles/Algeria.pdf, accessed on 26.04.2017.

[124] MPC Migration Profile, Algeria, Migration Policy Centre, ibid.

[125] ‘Update on UNHCR’s operations in Africa’, dated 21 February 2017, Executive Committee of the High Commissioner’s Programme, Standing Committee, 68th meeting. Available on line at: http://www.unhcr.org/afr/excom/standcom/58ca4a6d7/regional-update-africa.html?query=, accessed on 26.04.2017.

[126] The statement in which the phrase is used is as follow: “The Government of Burkina Faso was working with UNHCR to implement a documentation project for undocumented nationals living in Côte d’Ivoire who were at risk of becoming stateless”, Update on UNHCR’s operations in Africa’, dated 21 February 2017, UNHCR, ibid.

[127] “Migration patterns reveal that more than two million Burkinabe nationals currently live in Côte d’Ivoire. Many of these migrants work on cocoa planations, which have been known to contribute to child trafficking for forced labor”, A Human Rights Report on Trafficking in Persons, Especially Women and Children, Burkina Faso, The Protection Project, The Paul H. Nitze School of Advanced, International Studies (SAIS), 1717 Massachusetts Avenue, NW #502, Washington, DC 20036, available on line at: http://www.protectionproject.org/wp-content/uploads/2010/09/Burkina-Faso.pdf, accessed on 26.04.2017.

[128] “Similar to Niger, the high rates of unemployment (80 percent of population are subsistence farmers) force a large number of men to live the country in search of work, making the number one export from Burkina Faso labour. An estimated 3 million Barkinabe live in neighboring Côte d’Ivoire alone”, Condra, Jill, Encyclopedia of National Dress: Traditional Clothing Around the World [2 Volumes], ABC-CLIO, 2013, Page 542. Accessed through books.google.com.bd, on 26.04.2017.

[129] Memorandum from the London Detainee Support Group, Joint Committee on Human Right of the Parliament of the United Kingdom publication, September 2006, The treatment of asylum seekers: tenth report of session 2006-07, Vol. 2: Oral and written evidence, Volume 2, Great Britain: Parliament: Joint Committee on Human Rights, The Stationery Office, Mar 30, 2007. Also available online at https://www.publications.parliament.uk/pa/jt200607/jtselect/jtrights/81/81we18.htm, accessed on 25.04.2017.

[130] Audit Report the Office of Inspector General, Department of Treasury, OIG-16-033, dated February 1 2016, available online at https://www.treasury.gov/about/organizational-structure/ig/Audit%20Reports%20and%20Testimonies/oig16033%20(for%20web).pdf, accessed on 25.04.2017.

[131] https://www.iom.int/search/"Undocumented%20Nationals"?page=2, search conducted on 27.04.2017.

[132] https://www.iom.int/news/undocumented-myanmar-nationals-bangladesh-border-camps-need-increased-protection-humanitarian, accessed on 29.04.2017.

[133] https://images.google.com, search conducted on 29.04.2017.

[134] http://www.aljazeera.com/indepth/features/2014/01/no-respite-rohingya-bangladesh-201411675944519957.html, accessed on 29.04.2017.

[135] Al Jazeera, ibid.

[136] First Report on the progress made in the implementation of the EU-Turkey Statement, EUROPEAN COMMISSION, Brussels, 20.4.2016 COM(2016) 231 final, available at https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/proposal-implementation-package/docs/20160420/report_implementation_eu-turkey_agreement_nr_01_en.pdf, accessed on 06.05.2017.

[137] EU-Turkey Joint Action Plan, Third implementation report, Reporting period: 1 February to 2 March, EUROPEAN COMMISSION, Brussels, 4.3.2016 COM (2016) 144 final, available on line at http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1485253487466&uri=CELEX:52016DC0144, accessed on 06.05.2017.

[138] Article 1A(2), Convention Relating to the Status of Refugees, Signed at Geneva, on 28 July 1951, 150 United Nations Treaty Series 1954 as amended by the Protocol Relating to the Status of Refugees done at New York, on 31 January 1967, No. 8791, 268 United Nations Treaty Series 1967.

[139] The Convention relating to the Status of Refugees 1951 has 19 Signatories and 145 Parties, Bangladesh is not a party to the Convention, United Nations Treaty Collection, Convention relating to the Status of Refugees 1951, STATUS AS AT : 03-05-2017 07:32:10 EDT, https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V-2&chapter=5&Temp=mtdsg2&clang=_en, accessed on 04.05.2017.

[140] “Bangladesh is not a State party to the 1951 Convention Relating to the Status of Refugees or its 1967 Protocol (hereinafter jointly referred to as the 1951 Convention). There is no provision for refugees in national legislation, although a number of national laws and provisions in the Constitution cover all persons on the territory. The regulation governing the presence of refugees is the 1946 Foreigners Act, which supersedes all other legal provisions, as it grants the Government the power and discretion to decide on the scope of the Act’s application. Against this legal landscape, protection is extended to refugees through administrative mechanisms”, UN High Commissioner for Refugees (UNHCR), Submission by the United Nations High Commissioner for Refugees for the Office of the High Commissioner for Human Rights' Compilation Report - Universal Periodic Review: the Peoples Republic of Bangladesh, September 2008, available at: http://www.refworld.org/docid/4ae9acbc0.html [accessed 4 May 2017].

[141] “According to National Geographic (Sept. 1972), the estimated number of Bangladeshi refugees was 10.0 million”, Bangladesh Genocide Archive, An online archive of chronology of events, documentations, audio, video, images, media reports and eyewitness accounts of the 1971 Genocide in Bangladesh, http://www.genocidebangladesh.org/refugees/, accessed on 04.05.2017. Another source puts the figure at 9,899,305 referring to ‘Bangladesh Documents, Vol. – 81 – 82’, - “Since March 25, 1971, 9,899,305 refugees had sought refuge in India”, http://www.profilebengal.com/, at http://www.profilebengal.com/1216_71_refugee_problem.htm, accessed on 04.05.2017. See also Sean D. Murphy, Humanitarian Intervention: The United Nations in an Evolving World Order, Volume 21 of Procedural Aspects of International Law, University of Pennsylvania Press, 1996, page 98, accessed through books.google.com.bd on 04.05.2017.

[142] www.statelesspeopleinbangladesh.net, at page http://www.statelesspeopleinbangladesh.net/home.php, accessed on 04.05.2017. “After the partition India went through a great turmoil, and a huge transfer of population took place. At a time like this the founders of the country [Pakistan] considered it necessary to direct the new émigrés to go to areas of the country where their services could be best utilized. As a consequence a large number of Biharis who worked for the Railway in India proceeded to East Pakistan”. East Pakistan had declared herself the independent state of “Bangladesh” in March 1971 with government in exile in Calcutta. The Biharis, the Urdu speaking minority of East Pakistan, not only stood for a united Pakistan, they also identified with language and culture of West Pakistan. On December 15, 1971, ninty five thousand Pakistani armed forces and other personnel surrendered in Dhaka, and were taken to India. The minority, which cooperated with the Pakistani government, were now considered traitors and were under assault by the Bengali majority for their language and political views. For the protection of this population they were given sanctuary by the International Red Cross in certain areas of the country, which later came to be known as camps. There are still 70 camps in various parts of Bangladesh with a population of more than 250-300,000 people. By this time 535,000 Pakistanis had registered with the International Committee of the Red Cross in Bangladesh and had indicated their preference to move to West Pakistan. In the end Pakistan accepted the return of only 173,000 Pakistanis.” ibid, at page http://www.statelesspeopleinbangladesh.net/introduction_B_P.php, accessed on 04.05.2017.

[143] “The ancestors of Urdu-speakers in Bangladesh came largely, though not exclusively, from the Indian State of Bihar. Historically favoured by the West Pakistani political elite due to the shared Urdu heritage, “Biharis” remained “stranded” in Bangladesh after its separation from Pakistan and the creation of an independent State in 1971. For this reason, they have sometimes been referred to, or self-identified, as “stranded Pakistanis”. For a detailed historical overview, see Eric Paulsen, ‘The Citizenship Status of the Urdu-speakers/Biharis in Bangladesh’, (2006) 25 Refugee Survey Quarterly, 54, 54-68, available at http://rsq.oxfordjournals.org/cgi/reprint/25/3/54.pdf”, UN High Commissioner for Refugees (UNHCR), Note on the Nationality Status of the Urdu-speaking Community in Bangladesh, 17 December 2009, available at: http://www.refworld.org/docid/4b2b90c32.html [accessed 4 May 2017].

[144] www.statelesspeopleinbangladesh.net, at page http://www.statelesspeopleinbangladesh.net/introduction_B_P.php, accessed on 04.05.2017. A recent Supreme Court of Bangladesh decision in a judicial review in a Writ Petition, writ petition No. 3831 of 2001, filed by “ten Urdu speaking citizen of Bangladesh [i.e. Biharis,] permanent residents of the Mohammadpur area residing at the Geneva camp pleaded that “in the electoral rolls prepared and published on 27.5.2001 by Election Commission, they were not included”. “They also personally approached respondents Nos.2 and 4 [Government of Bangladesh Administration] who verbally informed that the Geneva Camp residents are not entitled to be voters”. The High Court Division of the Supreme Court of Bangladesh held “(O)n consideration of the above facts and decisions cited above, it is found that the petitioners are citizens of Bangladesh”, per Mr. Justice Zinat Ara, ‘Md. Abid Khan and others Vs. The Govt. of Bangladesh and others’ 55 DLR (2003) 318, available online at: http://www.refworld.org/cases,BAN_SC,4a54bbcf0.html [accessed 4 May 2017]; and at www.lawyersnjurists.com at page: http://www.lawyersnjurists.com/Cases/714/md-abid-khan-and-others-vs-government-of-bangladesh-and-others-55-dlr-2003-318.html, accessed on 04.05.2017. The troubles of the Biharies, however, did not end there. In another judicial review case before the Supreme Court of Bangladesh, Md. Sadaqat Khan (Fakku) and 10 others Vs. The Chief Election Commissioner, Bangladesh Election Commission, Block – 6, Sher-e-Bangla Nagar, Dhaka and Others’, WRIT PETITION NO: 10129 OF 2007, the petitioner submitted that “registration of voters was completed in the Districts of Rajshahi Rangpur, Khulna and Mymensingh but none of the Urdu-speaking people living in the camps of those Districts was enrolled in the Electoral Rolls of 2007” the High Court Division of the Supreme Court stated “(B)ut the election commission was facing difficulties to register the Urdu-speaking people living inside the camps as voters due to complications relations to the citizenship of Bangladesh”. Md. Sadaqat Khan (Fakku) and Others v. Chief Election Commissioner, Bangladesh Election Commission, Writ Petition No. 10129 of 2007, Bangladesh: Supreme Court, 18 May 2008, available at: http://www.refworld.org/cases,BAN_SC,4a7c0c352.html [accessed 4 May 2017]

[145] The Ministry of Foreign Affairs of the Government of The People's Republic of Bangladesh Memorandum being UN-HR-5013/14/121, dated 31 March 2014 sent to the OFFICE OF THE UNRC, UNHCR, WFP, UNFPA, ICRC, IFRC, IOM in DHAKA, available online at https://www.documentcloud.org/documents/1363897/un-hr-bangladesh.txt

[146] UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: State Party report: Bangladesh, 14 March 2003, CRC/C/65/Add.22, available at: http://www.refworld.org/docid/3f2593b77.html [accessed 9 May 2017]. “A model national law for refugees (for use in five South Asian countries) was drafted in 1997 by an Eminent Persons Group sponsored by UNHCR. This proposed establishing the office of Commissioner for Refugees and a three-person Refugee Committee. The Government is considering the idea of such a law” (para 288).

[147] Title of the Government of Bangladesh Strategy ‘National Strategy on Myanmar Refugees and Undocumented Myanmar nationals, Government of Bangladesh’ admits the existence of refugees of Myanmar origin. See note … supra for details.

[148] Paragraph 290, and at paragraph 293UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: State Party report: Bangladesh, 14 March 2003, CRC/C/65/Add.22, available at: http://www.refworld.org/docid/3f2593b77.html [accessed 9 May 2017].

[149] The determination of refugee status, although mentioned in the 1951 Convention (cf. Article 9), is not specifically regulated. In particular, the Convention does not indicate what type of procedures are to be adopted for the determination of refugee status, Paragraph 189, UNHCR, Handbook And Guidelines On Procedures And Criteria For Determining Refugee Status Under The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, 1979, HCR/1P/4/ENG/REV.3, Reissued Geneva, December 2011.

[150] Foreword, UNHCR, Handbook And Guidelines, ibid.

[151] Foreword, UNHCR, Handbook And Guidelines On Procedures And Criteria For Determining Refugee Status Under The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, 1979, HCR/1P/4/ENG/REV.3, Reissued Geneva, December 2011.

[152] Foreword, UNHCR, Handbook And Guidelines On Procedures And Criteria For Determining Refugee Status Under The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, 1979, HCR/1P/4/ENG/REV.3, Reissued Geneva, December 2011. “The Handbook and Guidelines are issued pursuant to unHCR’s supervisory responsibility contained in paragraph 8 of the 1950 statute of unHCR in conjunction with articles 35 and 36 of the 1951 Convention and article ii of the 1967 Protocol”. “The Handbook was first issued in September 1979 at the request of Member States of the executive Committee of the High Commissioner’s Programme. a second edition was released in January 1992, which updated information concerning accessions to the international refugee instruments. To preserve its integrity, the Handbook remains unchanged also in the present edition, although the annexes have again been updated”, Foreword, UNHCR, Handbook And Guidelines On Procedures And Criteria For Determining Refugee Status Under The 1951 Convention And The 1967 Protocol Relating To The Status Of Refugees, 1979, ibid.

[153]  UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status, 1979, Reedited Geneva 1992, para. 28.

[154] UNHCR Guidelines on International Protection No. 11: Prima Facie Recognition of Refugee Status, HCR/GIP/15/11  5 June 201 5. “UNHCR issues these Guidelines pursuant to its mandate, as contained in the Office’s Statute, in conjunction with Article 35 of the 1951 Convention relating to the Status of Refugees and Article II of its 1967 Protocol. These Guidelines complement the UNHCR Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees (1979, reissued, Geneva, 2011 ) and the other Guidelines on International Protection. These Guidelines, having benefited from broad consultation, are intended to provide legal interpretative guidance for governments, legal practitioners, decision-makers, as well as UNHCR staff carrying out refugee status determination under its mandate and/or advising governments on the application of a prima facie approach”, ibid.

[155] Foot Note 15, UNHCR Guidelines on International Protection No. 11: Prima Facie Recognition of Refugee Status.

[156] Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, UNHCR, Geneva 26 January 2007.

[157] Paragraph 2, Advisory Opinion on the Extraterritorial Application of Non-Refoulement Obligations under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, UNHCR, ibid.

[158] States of denial, A review of UNHCR’s response to the protracted situation of stateless Rohingya refugees in Bangladesh, Policy Development and Evaluation Service, United Nations High Commissioner for Refugees, Case Postale 2500, 1211 Geneva 2, Switzerland (PDES), PDES/2011/13, December 2011.

[159] Background Paper for the 7th Five Year Plan of the Government of Bangladesh: Governance and Justice, Final Draft, February 21, 2015, Background Study conducted by the General Economics Division (GED) of the Planning Commission, Ministry of Planning, Bangladesh for the preparation of the 7th Five Year Plan (2015-16 to 2019-20),  available at http://www.plancomm.gov.bd/wp-content/uploads/2015/02/12_Governance-and-Justice-_Final-Draft.pdf, accessed on 04.05.2017.

[160] Analysis of the Situation of Children and Women in Bangladesh 2015, United Nations Children’s Fund (UNICEF), December 2015, Social Policy, Planning, Monitoring and Evaluation Section (SPPME), United Nations Children’s Fund (UNICEF), Bangladesh, available at https://www.unicef.org/bangladesh/Analysis_of_the_Situation_of_Children_and_Women_in_Bangladesh_Low_23-06-2016.pdf, accessed on 09.05.2017.

[161] Committee on the Rights of the Child. Concluding Observations of the Committee on the Rights of the Child: Bangladesh. New York, June 2009 (hereafter CRC Concluding Observations), paragraph 78, 79, available at http://repository.un.org/handle/11176/278676, accessed on 09.05.2017.

[162] CRC Concluding Observations, supra, paragraph 40 and 41. It is important to note that the CRC in 2003 expressed the same concern stating that it “is very concerned about the difficult conditions under which some refugee children, especially children belonging to the Rohingya population from Myanmar, are living, and that many of these children and their families do not have access to legal procedures that could grant them legal status. Furthermore, the Committee is concerned at the lack of a national refugee policy and that refugee children are not registered at birth” (para 67), and recommended that the State party:  (a) Adopt a national refugee legislation and accede to the Convention relating to the Status of Refugees of 1951 and its Protocol of 1967;  (b) Grant all refugee children and their families immediate access to relevant procedures determining refugee status;  (c) In collaboration with and with support from international agencies, undertake effective measures to improve the living conditions of refugee families and children, particularly with regard to educational and health-care services;  (d) Provide unaccompanied refugee children with adequate care, education and protection;  (e) Register all refugee children born in Bangladesh (para 68), UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: Concluding Observations: Bangladesh, 27 October 2003, CRC/C/15/Add.221, available at: http://www.refworld.org/docid/403a215c8.html [accessed 9 May 2017].

[163] Paragraph 8, UN Committee on the Rights of the Child (CRC), Written replies by the Government of Bangladesh to the list of issues (CRC/C/BGD/Q/4) prepared by the Committee on the Rights of the Child in connection with the consideration of the 3rd and 4th periodic reports of Bangladesh (CRC/C/BGD/4), 29 May 2009, CRC/C/BGD/Q/4/Add.1, available at: http://www.refworld.org/docid/4a8e77ea0.html [accessed 9 May 2017]

[164] UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: Concluding Observations, Bangladesh, 5 July 2007, CRC/C/OPSC/BGD/CO/1, available at: http://www.refworld.org/docid/46b9c4c32.html [accessed 9 May 2017]

[165] UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: Concluding Observations, Bangladesh, 5 July 2007, ibid.

[166] It is mentionable that the Government of Bangladesh stated in a Report submitted to the UN that “(T)he Rohingya refugees do not have the right to settle permanently in Bangladesh, to work or to use local educational and health services. They do, however, enjoy certain basic rights under the Constitution, including the right to life and personal liberty, to freedom of thought and conscience, to safeguards regarding arrest/detention and trial/punishment and to protection against forced labour”, para 293, UN Committee on the Rights of the Child (CRC), UN Committee on the Rights of the Child: State Party report: Bangladesh, 14 March 2003, CRC/C/65/Add.22, available at: http://www.refworld.org/docid/3f2593b77.html [accessed 9 May 2017]

[167] CRC Concluding Observations, supra, paragraph 32 and 33.

[168] Analysis of the Situation of Children and Women in Bangladesh 2015, United Nations Children’s Fund (UNICEF), December 2015, Social Policy, Planning, Monitoring and Evaluation Section (SPPME), United Nations Children’s Fund (UNICEF), Bangladesh, available at https://www.unicef.org/bangladesh/Analysis_of_the_Situation_of_Children_and_Women_in_Bangladesh_Low_23-06-2016.pdf, accessed on 09.05.2017.

[169] Comment dated · 26 April 2016 to a special Facebook page of the United Nations Refugee Agency - Cox's Bazar, Bangladesh on the activities by one user of the Page Islam Arakanese Rohingya to a UNHCR post dated 25 April 2016 relating to the inauguration of “the newly built Primary Health Care Centers in Nayapara and Kutupalong refugee camps”, <iframesrc="https://www.facebook.com/plugins/post.php?href=https%3A%2F%2Fwww.facebook.com%2Funhcrcox%2Fposts%2F1048094435250322&width=500" width="500" height="866" style="border:none;overflow:hidden" scrolling="no" frameborder="0" allowTransparency="true"></iframe>, accessed on 09.05.2017.

[170] <iframe src="https://www.facebook.com/plugins/comment_embed.php?href=https%3A%2F%2Fwww.facebook.com%2Funhcrcox%2Fposts%2F1048094435250322%3Fcomment_id%3D1048872081839224&include_parent=false" width="560" height="141" style="border:none;overflow:hidden" scrolling="no" frameborder="0" allowTransparency="true"></iframe>, accessed on 09.05.2017.

[171] Also available at: http://www.unhcr.org/protection/idps/43ce1cff2/guiding-principles-internal-displacement.html, accessed on 29.04.2017.

[172] The King of Arakan; referred to as “King of Racan, or Mog” at page 109. ‘Rakan’ is used as synonym for “Arakan or Magh, the Rakhang of Khafi Khan”; see footnote No. 2 at page 109. Also as “The King [of Arakan]” at page 109, Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, A revised and improved edition based on Irving Brock’s translation, Archibald Constable and Company, 11 Parliament Street, S. W, MDCCCXCI (1891?),  Page 111.

[173] A heathen or a non-Muslim. The term is stated to mean “(I)n the original 'Gentils,' which throughout this edition will be rendered by the word Gentiles, in preference to using the old Anglo-Indian slang word 'Gentoo,' derived from the Portuguese Gentio, a gentile, a heathen, a term which was applied to the Hindoos in contradistinction to the Moros. (old Anglo-Indian 'Moors '), or Muhammadans”, at footnote No. 4 at page 3, Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, ibid, Page 3.

[174] A corruption of Mohammedans, meaning Muslims; followers of the religion of Islam.

[175] Bernier stated at 109 that there were Portuguese and other Europeans were at the service of the King of Arakan at that time. In his words- “fugitive Portuguese, and other wandering Christians, who had entered into the King's service, and whose chief occupation was to ravage this part of the lower Bengale”, Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, ibid, Page 109. “There was also a substantial Portuguese presence further east, in Chittagong and Arakan — 2500 including their descendants in 1598”, Page 84,

[176] These neighboring coasts would be the coasts of south eastern Bengal which shares border with Arakan.

[177] Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, ibid, Page 111.

[178] See page No. 109 where Bernier stated that “the chief occupation [of the Portuguese and other Europeans at the service of the King of Arakan] was to ravage this part of the lower Bengale”. Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, ibid, Page 109. Independent Portuguese stationed in and around Chittagong also raided Bengal in the said period, i.e. 17^th Century CE. Portuguese pirate Sebastiao Gonsalves Tibao and other Portuguese pirates operating in the Bay of Bengal coasts “carried off the booty to the King of Bakla’s ports” who was a friend of the Portuguese, Campos, J. J. A., History of the Portuguese in Bengal, Butterworth & Co, London, 1919, Page 81. The Kingdom of Bakla mentioned by Campos is the Zemindari of the Zemindar Pratapadittyo (?), one of the twelve rebel Zemindars of lower Bengal collectively famous in the history as the ‘Baro Bhuiyans’ who rebelled against the Mughol Empire in the 16-17^th century CE. The King of Bakala joined the Portuguese with “some ships and two hundred horse” in 1609 CE in the Portuguese campaign for the second conquest of Swandip in 1610 with Gonsalves, the leader of the Portuguese in Swandip island in the mouth of River Ganges who promised to give him “half the revenue of the island”, Campos, J. J. A., ibid, page 83. “The Hindu inhabitants of the island, who were already accustomed to the Portuguese rule during the time of Manoel de Mattos welcomed the entry of Gonsalves”. According to Portuguese condition that they “brought to him every moor in the island”, they “brought to him about a thousand Moors who were all murdered in cold blood”, Campos, J. J. A., ibid, pages 83-84. It is noted that this good relationship between the Hindus and the Portuguese are seen elsewhere as well as Campos reports that the Portuguese, after settling in Dhaka in 1580 CE, “had grown in to traders of much importance especially in Sripur”, Campos, J. J. A., ibid, page 88, which was also the capital of another of the Hindu Bhuiyan of the Twelve Bhuiyans, the brothers Chand Rai and Kedar Rai. We may remember that this Kedar Rai joined the king of Arakan in a raid against the Mughol in the year 1603 CE, please see Section … supra. Also in the kingdom of another of the Baro Bhuiyans in Bhulua “the Prince’s guard (in Bhulua) consists wholly of Christians which are there in great esteem; … subjects to the King of Portugal” in 17^th century CE, Campos, J. J. A., ibid, at page 93, referring Glanius, A Voyage to the Kingdom of Bengal, P 138-139. “The Portuguese influence was so completely established in Bhulua that many of the people spoke Portuguese”, Campos, J. J. A., ibid, at page 93, referring Glanius, ibid, P 136.     In 1665 “the Mughals took Chittagong and established a military regime in the far east of Bengal”, apparently bringing an end to this matter, Evidence of H. Verelst, 4th Report, Secret Committee, 1773, Reports from Committees of the House of Commons (12 vols., 1803-6), IV, 9 quoted and referred to in Marshall, P.J. (Peter James) Bengal: the British bridgehead, (The New Cambridge History of India), Cambridge University Press 1987, page 21. “Many were the marriage relations contracted between the Portuguese and the Royal family of Arakan” in 1610 CE and the years to follow. Sebastiao Gonsalves, now the independent ruler of Swandip island married the daughter of Anaporan, the heir-apparent of the kingdom of Arakan and several other Portuguese including a son of Gonsalves also married in to the royal family of Arakan, see Campos, J. J. A., ibid, pages 85-86.

[179] The narrative is from the year 1660-1661 CE when Sultan Suja, son of Emperor Shah Jahan of India fled to the Kingdom of Arakan from Bengal fleeing possible destruction by the forces of his brother Aurangjeb in order to secure a see worthy ship for naval passage to Mecca in the present day Saudi Arabia or to Turkey. According to Bernier the relevant period was“(f)rom about the year 1655 to the year 1660 or 1661”, when the four brother contenders of the Moghol throne fought bloody wars between themselves in order to extinguish others’ claim to the throne. Towards the end of this warring period Shah Suja or Sultan Suja arrived in Arakan. See Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, ibid, Page 115 and for an account of this war among the four brothers for the Moghol throne ‘The History of the Late Rebellion in the States of the Great Mogol’,  Bernier, Francois, Travels in the Mogul Empire, A. D 1656-1668, ibid, Pages 1 – 115.

[180] About Mrauk U, http://myanmartravelinformation.com/about-mrauk-u.html, accessed on 23.05.2017.

[181] https://en.wikipedia.org/wiki/Rakhine_State, accessed on 23.05.2017

[182] FROM A to Z SERIES, MYANMAR, 10/31//99, http://www.anythinganywhere.com/info/a2z/azmyanmar.htm, accessed on 23.05.2017.

[183] The Chandra dynasty were a family who ruled over the kingdom of Harikela in eastern Bengal (comprising the ancient lands of Harikela, Vanga and Samatala) for roughly 150 years from the beginning of the 10th century CE. Their empire also encompassed Vanga and Samatala, with Srichandra expanding his domain to include parts of Kamarupa. Their empire was ruled from their capital, Vikrampur (modern Munshiganj) and was powerful enough to militarily withstand the Pala Empire to the north-west. They were replaced later by the Varman dynasty as rulers of Harikela. (Ray, Niharranjan (1994). History of the Bengali People. Calcutta: Orient Longman Ltd. p. 84.), https://en.wikipedia.org/wiki/Chandra_dynasty, accessed on 23.05.2017

[184] https://en.wikipedia.org/wiki/History_of_Rakhine#Waithali, accessed on 23.05.2017

[185] M.S. Collis, "Arakan's place in the civilization of the Bay", Journal of the Burma Research Society, 50th Anniversary publications No.2, Rangoon, 1960, P. 486.

[186] BURMA, D. G . E. HALL, M.A., D.LIT., F.R.HIST.S.Professor Emeritus of the University of London and formerly Professor of History in the University of Rangoon, Burma. Third edition 1960. Page 8-9

[187] D. G. E Hall, A History of South East Asia, New York, 1968, P. 389.

[188] https://en.wikipedia.org/wiki/Migration_period_of_ancient_Burma#cite_note-28, accessed on 23.05.2017

[189] http://www.myanmar-image.com/rakhine/wesali/vesali.htm, accessed on 23.05.2017

[190] Mukherjee, Rila, (edited) Pelagic Passageways: The Northern Bay of Bengal Before Colonialism, Primus Books, 2011, https://books.google.com.bd/books?id=7xeqhnYtrKcC&pg=PA270&lpg=PA270&dq=chandra+dynasty+of+arakan&source=bl&ots=ufDQSccZ1l&sig=Nd4m5AyCAx6CrCs6MT1SVjB6oYo&hl=en&sa=X&redir_esc=y#v=onepage&q=chandra%20dynasty%20of%20arakan&f=false

[191] http://www.historyfiles.co.uk/KingListsFarEast/IndiaSamatata.htm, accessed on 23.05.2017. Also see http://en.banglapedia.org/index.php?title=Harikela_Coins, accessed on 23.05.2017.

[192] By Uploadalt - Own work, photographed in the British Museum, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=12268559

[193] https://www.marudhararts.com/printed-auction/auction-no-15/lot-no-92/coins-of-india/hindu-medieval-of-india/harikela/silver-unit-of-eastern-bengal-of-harikela-type-.html, accessed on 23.05.2017.

[194] http://db.stevealbum.com/php/lot_auc.php?site=1&sale=10&lot=1145&lang=1, accessed on 23.05.2017

[195] Karim, Abdul, Banglar Itihas (Sultani Amal) [History of Bengal (Sultani Period)], published by Jatiya Grontha Prokashan, 67 Pyari Das Road, Dhaka-1000, 1999, Page 72.

[196] J.A.S.B., 1844, page 36, quoted at Page 72, Abdul Karim, Banglar Itihas (Sultani Amal) [History of Bengal (Sultani Period)], ibid.

[197] Ullah, Aman, Arakan Before 1000 AD,  http://www.kaladanpress.org/index.php/scholar-column-mainmenu-36/arakan/4955-arakan-before-1000-ad.html, published on 13 April 2016, accessed on 23.05.2017.

[198] Ullah, Aman, Arakan Before 1000 AD, ibid.

[199] Page 77, Abdul Karim, Banglar Itihas (Sultani Amal), Jatiya Grontha Prokashan, 67 Pyari Das Road, Dhaka-1000, 1999.

[200] Enamul Haq and Abdul Karim, Arakan Rajshovay Bangla Sahitto, Kolkata, 1935, page 4, quoted at Page 72, Abdul Karim, Banglar Itihas (Sultani Amal) [History of Bengal (Sultani Period)], ibid.

[201] J. A. S. P., vol. 7, No. 1, page 17-46, quoted at Page 77, Abdul Karim, Banglar Itihas (Sultani Amal) [History of Bengal (Sultani Period)], ibid.

[202] J.A.S.B., 1844, page 36, Ibid.

[203] Enamul Haq and Abdul Karim, Arakan Rajshovay Bangla Sahitto, Kolkata, 1935, page 4, quoted at Page 72, Abdul Karim, Banglar Itihas (Sultani Amal) [History of Bengal (Sultani Period)], ibid.

[204] Purchas Pilgrims, 4^th part, Book V, referred to by Bandapadhyay, Kaliprasanna, Madhyayuge Bangla (Bengal in the Middle Ages, in Bengali), Dey’s Publishing Kolkata 2015, Page 86.

[205] Khan, Muazzam Hussain, Kedar Rai, Banglapedia - the National Encyclopedia of Bangladesh, revised Second Edition (2012), available online at http://en.banglapedia.org/index.php?title=Kedar_Rai, accessed on 29.05.2017.

[206] Khan, Muazzam Hussain, Kedar Rai, Banglapedia, ibid.

[207] “In the encounter that followed near Vikrampur, Kedar Rai was wounded and captured. He was carried to Raja Mansingh when he breathed his last”, Khan, Muazzam Hussain, Kedar Rai, Banglapedia, ibid; Elliot’s India Vol. VI, quoted in Moddhojuge Bangala (Bengal in the Middle Ages, in Bengali), ibid, Page 87.

[208] See generally DATTA, ANSU, From Bengal to the Cape: Bengali Slaves in South Africa from 17th to 19th Century, Xlibris Corporation, 2013.

[209] Campos, J. J. A., ibid, pages 86-87.

[210] DATTA, ANSU, From Bengal to the Cape: Bengali Slaves in South Africa from 17th to 19th Century, bid, at pages 89-90.

[211] O’Malley, L.S.S., and Chakravarti, Manmohan, Bengal District Gazetteers, Howrah, Bengal Secretariat Book Depot, Calcutta, 1909, History, Chapter II, Pages 20, 21.

[212] Bahristan, page 2nd, 632-33, quoted at page 428, Karim, Abdul, Banglar Itihas Mogle Amal [History of Bengal- Mogol Period], Jatiya Grontha Prokashan, 67 Pyari Das Road, Dhaka-1100, 3rd edition, 2011. Compare A. P. Fair, History of Burma, 177.

[213] Inhabitants of Arakan, currently referred to as Rakhine.

[214] Quoted verbatim. Correspondence dated 18 June 1777 to Warren Hastings Esqr., Governor General & ca. at Fort William sent from Islamabad [currently Chittagong, Bangladesh], at page 79 and 80, Bangladesh District Records, Chittagong, Volume 1, 1760-1787, Edited by Sirajul Islam, published by The University of Dacca [currently spelled ‘Dhaka’] 1978. This statement is part of an official correspondence between the head of the East India Company at Islamabad, currently Chittagong in south east Bangladesh. This is the neighboring area of Arakan which is now part of Myanmar. In this particular piece of correspondence written on June 18^th 1777 CE the Chief of the Company at Chittagong (then Islamabad) is reporting of “a revolution that has very lately happened at Arracan” where the son of the king imprisoned the king in order to take control of the throne. The dethroned king of Arakan and many of his followers are perhaps on their way to Chittagong, into the Company’s territory, and the Chief is apprehensive of such turmoil and reports further that the military weapons that they have at Chittagong shall not be sufficient for the possible upcoming situations. He makes a request for more troops and weaponry. He made the quoted comments in the correspondence to provide a background scenario to the Governor General at Fort Williams. The Company gained control of the Chittagong region, then known as Islamabad, in 1760 when “Nawab Mir Qusim ceded this district to the East India Company along with two other Bengal Districts- Burdwan and Mindnapur. The Company’s Chittagong Council controlled the affairs of the Company in the whole region east of the Meghna [River Meghna] uptill 1777”. “W.K. Firminger was deputed by the Government of Bengal in 1911 to prepare a calendar of Chittagong district records. His selections were published by Government in 1923 under the title, Bengal District Records: Chittagong, vol. 1 (1760-1773). The project was dropped after the publication of the first volume”. The current volume repeated only a few records of the Firminger’s Chittagong vol. 1 considered to be extremely important for historical research,  Preface by editor Sirajul Islam dated 1.8.1978, Bangladesh District Records, Chittagong, ibid, page (viii).

[215] East India Company administrative correspondence sent to Tho’ Kelsall, Chief of Dacca (Dhaka) Council of the Company on 13 January 1769, Bangladesh District Records, Chittagong, Volume 1, 1760-1787, ibid, page 4.

[216] East India Company administrative correspondence sent to Governor General Warren Hastings of the Company on 2 September 1775, Bangladesh District Records, Chittagong, Volume 1, 1760-1787, ibid, page 4.

[217] Produced verbatim.

[218] East India Company administrative correspondence sent to Governor General Warren Hastings of the Company on 15 December 1776, Bangladesh District Records, Chittagong, Volume 1, 1760-1787, ibid, page 5.

[219] Document Number 1.24 dated 19 December 1776, Ibid, at page 5.

[220] Document Number 1.25 dated 31 December 1776, Ibid, at page 5.

[221] Document Number 1.26 dated 2 January 1777, Ibid, at page 5.

[222] Document Number 1.27 dated 4 January 1777, Ibid, at page 5.

[223] Document Number 1.28 dated 13 February 1778, Ibid, at page 6.

[224] East India Company administrative correspondence sent to Governor General Warren Hastings of the Company on 17 November 1775, Bangladesh District Records, Chittagong, Volume 1, 1760-1787, ibid, page 5.

[225] Page 77, Henderson, John W.; And Others, Area Handbook for Burma, Foreign Area Studies (FAS) of The American University, 1971.

[226] Page 77, Henderson, John W.; And Others, Area Handbook for Burma, Foreign Area Studies (FAS) of The American University, 1971.

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 [BRK1]Elaborate this.