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    Box 5925 Annapolis, MD 21403 [email protected] www.srintl.org

    SRI On-Site Action Alert: Rohingya Refugees of Burma and

    UNHCRs repatriation program1

    July 17, 2003

    Refugee camp, Bangladesh. Picture taken by SRI Researcher Tazreena Sajjad.

    Introduction2

    1 This report was prepared by Tazreena Sajjad, Asia Researcher, Survivors Rights International, Inc. on-

    site in Bangladesh.2 SRI met with UNHCR officials, officials from the Ministry of Relief and Disaster Management,journalists, academics, international organizations such as Medicins Sans Frontier (MSF) and Concern

    International which has been working with the Rohingyas for over ten years as well as with local people in

    the Teknaf region and the refugees themselves. Access to international organizations was not difficult to

    obtain and neither was it extremely challenging to talk to civil society about the Rohingyas, the situation in

    the state of Arakan and the current UNHCR policy. However, it was evident that UNHCR was hesitant to

    discuss its current proposal and the allegations of abuse against the Rohingyas by camp officials with a

    representative of an international organization; and given the recent criticisms leveled by Refugees

    International and Burma Center Holland against UNHCR.

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    The international community continues to be highly concerned about the curtailment of

    political and civil rights of the Burmese people by the military government. The recent

    crackdown on Aung Sun Su Kyi and the largest democratic party, the National Leaguefor Democracy (NLD) is an alarming indication that the recognition of the rights and

    aspirations of the people of Burma has been further marginalized. Human rightsorganizations particularly concerned about the human rights violations that are being

    perpetrated throughout the country, and specifically in the largely Muslim state of Arakanthat has experienced large-scale persecution of civic, economic and political rights of the

    Rohingya Muslim population by the military junta. Survivors' Rights International, aWashington-based NGO working on war crimes, crimes against humanity and genocide,

    Interesting to note was that both officials from the government and UNHCR echoed that the situation in

    Arakan had improved since 1992 and that most of the reasons for the influx of refugees are now not as

    prominent. UNHCR also stated that the international presence of NGOs and the eye of the international

    community have played significant roles to mitigate the level of oppression in the state of Arakan and that

    it is now a safe place for the refugees to return to. UNHCR further emphasized its shortage of funds to

    continue with most of its programs which it has proposed to hand over to the government of Bangladesh, a

    suggestion highly criticized by other international organizations that have been working on the ground for

    years and believe that despite funding cuts, it would be a disaster to hand over services such as health and

    education to the already overtaxed government.

    One of the trickiest areas of investigation revolved around the area of allegations of harassment and abuse

    by camp officials (both government and UNHCR) to coerce Rohingyas to return to their homeland.

    Government officials thoroughly denied any such allegations, and UNHCR insisted that any such allegation

    has been investigated thoroughly and except for one or two rare cases, the repatriation process has been

    going fairly smoothly. In addition, they insisted that no one was being coerced to return and that the signingof affidavits and constant consultation and counseling with the refugees were ensuring that those who were

    reluctant to leave were being given the support to decide independently whether to return to Arakan or

    other areas of Burma.

    One of the most frustrating points of the investigation involved gaining clearance to visit the camps at

    Nayapara and Kutapalong in Teknaf. It was evident from the beginning that criticisms from the outside

    had made UNHCR reluctant to allow outsiders to enter the area. The organization insisted that a permit

    was required by the government of Bangladesh to do so, while the latter stated that approval of the former

    was needed to visit the refugee camps. During an interview with an international organization, it was stated

    that the policy regulations for entering the camps had changed and that one other international organization

    required clearance from UNHCR headquarters in Geneva to visit the Rohingya camps.

    The overall general impression that was obtained especially during the interviews was that the Rohingyashad overstayed their welcome in Bangladesh and it was time to ensure that they returned to Burma. Both

    UNHCR and the government stressed funding issues and the latter brought up the problem of

    overpopulation in Bangladesh which was being further complicated by the presence of outsiders. Providing

    additional assistance to the Rohingyas, it was stated would encourage the people to stay, a cost the

    government could ill-afford. When asked about the cyclical flow of refugees, and how the government

    aimed to address people returning to Bangladesh illegally this time without official registration, the general

    response was that this was not a likely possibility in the near future. Given the deterioration of the political

    situation in Burma, this optimism seems short-sighted.

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    is particularly concerned about the Rohingya population who has been brutalized through

    systematic practices of forced labor, denial of rights to property, education and travel.

    SRI is further concerned about the conditions of the Rohingya refugee camps in the southeast of Bangladesh, which were set up in 1992 to house the thousands who fled across the

    Burmese border into Bangladesh to seek safety. The recent repatriation program beingimplemented by the United Nations High Commission for Refugees (UNHCR) in

    coordination with the government of Bangladesh has raised concerns among internationalorganizations about the procedures involved in the repatriation process and the urgency

    with which they are being conducted. To investigate the recent developments with regardto UNHCR's new policy toward the Rohingyas, a representative from SRI, TazreenaSajjad, traveled to Bangladesh in the month of June and interviewed all officials and

    refugees within and outside the camps concerned regarding this new repatriation programand the ongoing hostilities in Arakan, Burma.

    Facts

    The Rohingyas, constitute the largest minority group in the state of Arakan andhave been subjected to severe discriminatory policies by the government ofBurma. They have endured large-scale human rights violations such as forced

    labor, denial of education, rights to property, freedom of movement, religion, etc; Today, there are about 21,000 documented Rohingya refugees from the state of

    Arakan in Burma, in the two camps of Kutapalong and Nayapara in Teknaf,

    Bangladesh;

    In addition, more than 200,000 ( and perhaps as much as 350,000) Rohingyas liveoutside the refugee camps in Bangladesh alone with no formal documentation as

    refugees; Thousands of undocumented Rakhine Buddhists have also fled to Bangladesh and

    live outside of formal encampments;

    The government of Bangladesh with assistance from UNHCR has recently beguna program of rapid repatriation of the refugees to Burma, with the latteremphasizing its need to cut down its program in Teknaf and the former eager toaddress the problem once and for all.

    Summary of Recent Developments

    SRI is concerned about the possible cut-down of vital UNHCR programs serving the

    Rohingya refugees in Bangladesh beginning July 2003. SRI has been informed thatincreasing pressure by local UNHCR officials and the authorities of the Bangladesh

    government is being placed on the Rohingya population to facilitate this process.

    Allegedly, these pressures include verbal and physical harassment and ill-treatment bythe field staff to induce the refugees to repatriate against their will. This kind oftreatment is in violation of the United Nations Convention on Refugees (1951) and is a

    cause for concern about the fairness and timelines of the repatriation program itself that is

    being pursued with such vigor and with such urgency. SRI is further apprehensive about

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    the reality that the situation in Arakan, and indeed in the whole of Burma has not

    improved since the early nineties. The recent incarceration of democratic leader Aung

    Sun Au Kyi and members of the National League for Democracy (NLD) are perhapsindications that the democratic aspirations of the Burmese people have suffered a huge

    setback. In the context of this situation SRI urges caution in pursuing the repatriationprogram and UNHCRs proposed idea of limiting its services to the desperately

    impoverished Rohingya community.

    So far, the United Nations has sent the UN Secretary Generals Envoy to Burma, urgingthe junta generals to enter into dialogue with the democracy movement, and extended themandate of the Special Rapporteur for Human Rights on Burma, expressing concern

    about the high level of human rights violation. The International labor Organization(ILO) has also recommended sanctions against Burma for her widespread forced labor.

    Now it is time for the UN Security Council to take the issue up.

    As mentioned earlier, about 350,000 refugees fled across Burmas borders to Thailand,

    China, Bangladesh, and India. These refugees often live in poor conditions, falling short

    of international standards, but these governments have consistently failed to provideaccess to international human rights organizations to address these problems. Moreseriously, as of June 1, 2003, Thailand, Bangladesh, and India, save China, have not been

    signatures to the 1951 Convention relating to the Status of Refugees (1951 RefugeeConvention), which is the most important refugee law and has been ratified by 142

    nations.3 This reflects not only the unwillingness of these countries to submit tointernational scrutiny on their refugee policies. A consistent legal framework is vital to

    refugee protection.

    History of the Rohingya Muslims

    The Rohingya Muslims are predominantly concentrated in the northern part of theRakhine State (Arakan) and constitute about half the states population. Shortly after

    the independence of Burma in 1948, some of the Muslims carried out an armed rebelliondemanding a separate Muslim state within the Union of Burma. Though the rebellion

    was squashed in 1954, Burmese administration has since then been distrustful of the

    Muslim population. Even so, the Rohingyas were close to having their ethnicity and

    autonomy recognized in the 1950s under the democratic government of U Nu, but theplans were thwarted by the military coup of General Ne Win in 1962.

    Ne Wins Burmas Socialist Peoples Party claimed that the Muslims of Arakan wereillegal immigrants who had settled in Burma during British rule. The central governmenttook measures to drive them out, starting with the denial of citizenship. The 1974

    3 UN High Commissioner for Human Rights

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    Emergency Immigration Act stripped the Rohingyas of their nationality rendering them

    foreigners in their own land. The denial of citizenship remains the root cause of the

    Rohingyas endless cycle of forced migration.

    In 1977, the Burmese military government launched an operation called Naga Min, orDragon King, to register the citizens and prosecute illegal entrants. The nation-wide

    campaign started in Arakan and the mass arrests and persecution, accompanied byviolence and brute force, triggered an exodus in 1978 of approximately 200,000

    Rohingyas into Bangladesh. Within 16 months of their arrival, most were forced backafter bilateral agreements were made between the governments of Burma andBangladesh. Some 10,000 refugees died, mostly women and children, due to severe

    malnutrition and illness after food rations were cut to compel them to leave.

    In 1998, the world witnessed the bloody crackdown of pro-democracy demonstrationsnationwide by the State Law and Order Restoration Council (SLORC) in Burma. In1990, there were elections in which the Muslims were voted for and represented which

    the SLORC refused to recognize. Shortly thereafter, the SLORC dramatically increasedits military presence in the northern Rakhine State. The junta justified the exercise as a

    fortification against Rohingya Muslim extremist insurgents. Construction of militaryestablishments and roads sprawled throughout northern Rakhine and along the borderwith Bangladesh. The build-up was accompanied by compulsory labor, land and

    property confiscation and forced relocation, as well as rape, summary executions and

    physical torture. Mosques were destroyed, religious activities were banned and Muslimleaders were harassed. Consequently, the Rohingya population has been streaming out

    of Burma into the neighboring countries for decades.

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    Rohingya Refugees in Bangladesh

    Refugee camp, Bangladesh. Picture taken by SRI Researcher Tazreena Sajjad.

    Today, according to the Arakan Historical Society (AHS), there are some 200,000 more

    Rohingyas living in Pakistan and 500,000 more live in Saudi-Arabia.4

    A vast majority of

    them however live in Bangladesh which shares a border with Burma on the south-eastfrontier.

    The exodus of Rohingya refugees into Bangladesh has been going on since the latesixties, but the most recent influx was in 1992 when 250,000 of them crossed the border

    as a direct consequence of the discriminatory policies of the Burmese military regime

    (SPDC) and the large-scale human rights violations that have been committed by theborder police (NaSaKa). In response to this situation, 20 refugee camps were constructedin south-eastern Bangladesh. According to the official estimates of the Bangladesh

    government, there are approximately 21,000 Rohingyas remaining in Bangladesh

    country. They are recognized refugees by UNHCR and the Bangladeshi authorities, andcould officially only be repatriated to Burma voluntarily. UNHCR is responsible for the

    4 Between the Crocodile and the Snake; Burma Center Netherlands; May 2003.

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    voluntary repatriation process and the protection of the refugees in the camps. A few

    international organizations such as WFP, MSF and Concern render practical assistance to

    these refugees, including food and health care.

    From and since 1992, however, large populations of Rohingyas have entered Bangladeshwho live in and around the south and south-eastern parts of the country.

    Nongovernmental officials place the figure much higher at anything between 100,000 to350,000. They are not recognized and are seen by UNHCR and the Government of

    Bangladesh as illegal immigrants. Many doubt if this is really true, and blame thegovernment and UNHCR for not being willing to conduct a new investigation as to whythe refugees came to Bangladesh. Almost all international actors believe that these

    refugees certainly had political reasons to leave Burma, because of the continuingoppression. These people usually work in the informal sector as illegal, low-paid laborers

    and are extremely vulnerable to harassment by local people and police. A few hundredRohingyas, most of them residing illegally, are currently detained. Some were arrestedfor petty criminal offences, but more often only because of their illegality or false

    accusations made by mahjees5 or local police. Especially the non-recognized Rohingyasin detention do not receive any legal assistance, and are often still detained although they

    should have already been released. In addition, there is concern with regard to thesituation of illegal refugees in the newly established Teknaf makeshift camp. More then4,000 refugees live there under abominable conditions with no access to food or medical

    aid.6

    UNHCR and the Rohingyas

    UNHCR is responsible for the protection and eventual, only voluntary, repatriation ofRohingya refugees to Burma. Until now, UNHCR has also been responsible for theirwelfare and has therefore signed Memorandums of Understanding (MoU) with the UN

    World Food Programme (WFP) and the International NGOs: Concern and Medicins

    Sans Frontier (MSF). WFP is responsible for providing food in both camps. WFPcooperates with the local NGO, Bangladesh Red Crescent Society (BDRCS), whichactually transports the food from three warehouses to the camps. During the distribution

    of the food to the refugees, there is always a representative of Concern or MSF

    monitoring this to prevent any unfair practices. Distribution of food to all refugees in thecamps is actually performed by volunteers who are refugees who receive extra food inreturn for their services.

    MSF and Concern are responsible for the health care of pregnant and feeding women and

    children under 10 years of age, in Nayapara (MSF) and Kutupalong (Concern). Concern

    is also trying to extend its current small-scale skills training programs for women.Concern is finally responsible for a few more programs in both camps such as tree

    5

    Group leaders in the Rohingya camps.6 Ibid.

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    plantations and primary education. The Bangladesh Ministry of Health (MoH) is

    responsible for the health care of all other refugees in the camps.

    The Refugee Relief and Repatriation Commission (RRRC) of the Bangladesh Ministry ofDisaster Management and Relief (MDMR) are officially responsible for safety, law, and

    order in the camps. In both camps, RRRC has actually stalled a so-called Camp in Charge(CiC), who are the leading officials for daily affairs.

    The Repatriation Program

    UNHCR has developed a proposal for a rapid repatriation program of the Rohingyarefugees to Burma by the end of 2003 and wind down the range of services it offers in thetwo camps. It cites the lack of adequate funding as one of the reasons behind its need to

    limit its operations and also insists that the situation in the Arakan state has improvedsubstantially to allow refugees to return to their own land. In the repatriation section of

    its proposal, it has strong support from the Bangladesh government which has beenengaging in dialogue with the government of Burma to facilitate the return of theRohingyas.

    Under this new proposal which is under consideration by the government of Bangladesh,

    UNHCR has begun conducting repatriation of Rohingya families to Burma since themiddle of 2003. The process begins with providing the government of Burma with thenames of registered refugees for clearance purposes; that is, the Burmese government

    authenticates as to whether these individuals were in fact citizens of Burma. Meanwhile,

    UNHCR begins a process of counseling the refugees which involves, according to thelocal officials, providing the refugees with information about the improvement of the

    situation in Arakan and informing them that their situation will become better if theyreturn to their homeland rather than what they are experiencing in the refugee camps inBangladesh. Once the clearance comes through, the refugees sign (or put finger-prints)

    on affidavits which serve as their identification cards. The affidavits declare that these

    refugees are being repatriated based on their own will and set out personal details. Oncethe affidavits are cleared by the UNHCR officials, the refugees are taken across the Nafriver on boats to Burma accompanied by officials from UNHCR. They are met on the

    Burmese side by UNHCR officers and representatives from the Burmese government.

    The affidavits are handed over to the latter. According to UNHCR, these affidavits arean additional security for the repatriated Rohingyas since they now have some formaldocumentation of their identities which were previously denied to them.

    UNHCRs Proposal for Self-Sufficiency

    In addition to the repatriation program, UNHCR has also proposed to stimulate self-

    sufficiency for the remaining, recognized Rohingya refugees in the camps. According toUNHCR, this is partly because of donor fatigue resulting in decreasing funds forUNHCRs programs in Bangladesh. The role of international organizations will be

    decreased, according to the plan, and the role of the Government of Bangladesh needs to

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    become prominent. UNHCR itself plans to phase out all assistance by the end of 2004. 7

    As a first step, UNHCR will hand over the actual repatriation process to the Government

    of Bangladesh by the first of July, although UNHCR stresses that it will remainresponsible for monitoring the voluntary aspect of repatriations. Although all

    international parties directly and indirectly involved are willing to cooperate with a planto promote self-sufficiency, they all complained about the complete lack of information

    and consultation by UNHCR. This results in serious uncertainties among theorganizations about what to do in the near future. All parties are extremely worried about

    the fate of the refugees when international organizations are no longer able to play anight watchers role, to prevent any further increasing pressure on, or force toward,refugees to repatriate. In addition, the fact that the Government of Bangladesh does not

    recognize the UNHCR plan is a matter of serious concern. Even worse, UNHCR hasnever consulted the refugees about the plan. It seems therefore extremely unclear whether

    for example UNHCRs time frame to implement the plan is realistic, and whether basicsafety and even survival guarantees are included in UNHCRs current plan.

    In the third part of the proposal, UNHCR has dictated that it will streamline the healthcare in the camps by 1 July 2003. Currently, MSF, Concern and the Bangladeshi

    Ministry of Health (MoH) are responsible for health care. UNHCR wants MoH to take onthis responsibility. Again, there has not been any consultation and serious discussionsabout it with the involved parties. Moreover, many directly and indirectly involved

    parties have serious doubts whether MoH is capable (and even willing!) to guarantee the

    current quality level of care currently provided by NGOs.

    Repatriation Pressure on the RohingyasDespite the statements made by UNHCR that the process of repatriation is largely errorfree and fair to the concerned individuals, the refugees themselves as well as international

    parties complain about Bangladeshi camp authorities who are pressing the refugees to

    sign for repatriation back to Arakan/Burma. It is alleged that a number of refugees wereprobably repatriated because of increased, direct or indirect pressure by camp authorities.According to the 2003 report issued by Burma Center Netherlands, refugees feel constant

    pressure by camp authorities or the mahjees. Mahjees are camp group leaders that

    maintain close contact with camp authorities. Nowadays, almost all refugees are reluctantto repatriate because of fear about the Burmese militarys oppression. In recent weeksand months, the pressure on the refugees to repatriate has increased. May 2003 saw a

    significant increase in the repatriation of refugees to Burma. In May, 704 refugees wererepatriated. The atmosphere has grown increasingly tense now. This causes doubt and

    serious concern. Large numbers of refugees have openly stated to be against repatriation

    back to Burma because of the grave military oppression in the country.

    7 Ibid.

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    UNHCR in Bangladesh plays down complaints regarding the use of force and pressure by

    camp authorities and mahjees, and does not seem to understand that many international

    parties, as well as vast numbers of refugees, feel that the current oppressive policy,violence, and ongoing human rights violations remain serious and are mounting in

    Burma. UNHCR, as was mentioned earlier, also minimizes the actual oppression inArakan, Burma. This oppression has been described, for example, in a number of reports

    by ILO, United States Department of State, and Human Rights Watch published over thelast twelve months.

    When questioned about the issue of forced repatriation, UNHCR insisted that althoughthere might have been individual cases which were effectively dealt with after

    investigation of the events, there is no pressure being applied to the refugees to return toArakan. UNHCRs opinion on the possibility of forced repatriation of the refugees to

    Burma completely contradicts all comments made by all other local, international andBurmese parties involved, as well as the statements made by a number of individualrefugees. And although, of course, it could be possible that some individuals exaggerate

    the actual situation, it was obvious that UNHCR does not regard the consistent coercivepressure it applies to the refugees even during the counseling sessions as a problem.

    According to reports issued by the Burma Center Netherlands and Refugees International,the Rohingyas have and are experiencing intense pressure from the camp authorities torepatriate.

    According to Burma Center Hollands report on the current situation of the camps, themahjees (group leaders) use different methods to press them to sign the affidavit and to

    sign that they are willing to repatriate freely. For example sometimes the mahjeesfabricate false accusations against the refugees, some mentioned that the mahjees usedphysical or psychological violence and others said that the mahjees and volunteers

    prevent unwilling refugees from getting sufficient rations or materials to repair their

    sheds. It is obvious that the mahjees have a good relationship with the camp authorities(CiC), that they monitor the activities of the refugees and tell the CiC about this.Refugees often feel afraid to complain to UNHCRs Protection Officer, who is formally

    responsible for handling such problems or allegations.

    SRI does not doubt that there are refugees who are willing to return to their own countryand that they are being repatriated without undue pressure from UNHCR officials and/or

    officers of the Bangladesh government. However the allegations of forced repatriationsand the alleged use of force and coercion to make the refugees return to Arakan,

    especially when there seems to be little evidence that the situation there has improved

    considerably, is of serious concern and should be further investigated and monitored byindependent organizations and of the international community. SRI is sympathetic ofthe Bangladesh government with regard to internal strain on resources with huge influxes

    of Burmese refugees in a country that is currently overpopulated. However, SRI is

    critical of the stance that the government has taken on the rapid repatriation program. In

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    addition, SRI wishes to express deep concern about UNHCRs method for handling the

    refugee crisis without ensuring that the refugees being returned to Arakan will be

    protected from further oppressive policies and targeted violence or other serious humanrights violations by the Burmese military government. SRI is also concerned about the

    stark absence of other international organizations in deciding the future of the refugees.Without allowing WFP, Concern and MSF to play substantial roles in the camps, a very

    relevant night watchers role is missing, possibly further increasing pressure on therefugees to repatriate to Burma against their will. Finally, SRI is concerned about the

    conditions of the many refugees who are outside of the official camps and who are deniedaccess to medical or food aid by INGOs.

    Recommendations

    In light of the situation concerning UNHCR and the Rohingya refugees, SRI

    recommends the following:

    1. The Government of Bangladesh should urgently allow UNHCR and INGOs to give

    assistance to the refugees in Teknaf makeshift camp (Tal) as soon as possible;

    2. The international donor community should increase their financial and logisticalsupport to UNHCR and WFP-programmes to the Rohingya refugees in Bangladesh aslong as there is no significant positive change in Arakan, Burma;

    3. UNHCR should openly communicate with all involved IOs and NGOs such as WFP,MSF and Concern, regarding its self-sufficiency program for recognized refugees and

    start a real consultation process which should especially include the refugees involved,guarantee a safety net during the transition period and continue to allow internationalorganizations to aid the refugees and play a night watchers role;

    4. UNHCR should seriously consult all involved actors (especially Concern and MSF), toactively cooperate with them for the implementation of any new plans with regard to itsplan to streamline the health care in the camps;

    5. Bangladeshi authorities should address the following:a. Halt current pressure on refugees to repatriate;b. Investigate and remedy forced repatriation by camp authorities in the two

    official refugee camps;c. Immediately release all non-criminal refugees from detention;d. Immediately release all refugees which have finished their term; ande. Provide legal assistance to all refugees in detention;

    6. Call upon the Government of Burma to stop its oppression (including forced labour,

    lack of religious freedoms and lack of freedom of movement) and discriminatory policy

    towards the peoples in Arakan in general and the Rohingya-Muslims particularly.

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    For further information please consult the following articles:

    1, Burmas Rohingyas: The fate of one forgotten community in Bangladesh; VeronikaMartin and Kavita Shukla; Refugees International.

    2. Burmese Rohingyas in Bangladesh Face Uncertain Future; Veronika Martin andKavita Shukla; Refugees International.

    3. Lack of Protection Plagues Burmas Rohingya Refugees in Bangladesh.4. Rohingya Muslims: Problems and Suggested Action Program; Mohammed Burhan

    Uddin; Bangladesh Public Administration Training Center; Savar, Dhaka; June 2000.5. UNHCR Bangladesh Country Report; January 1- December 31, 20026. 10 Years for the Rohingya Refugees in Bangladesh: Past, Present and Future

    7. Persecuted Muslims Fear Deportation to Military Burma; December 3, 2002

    SRI wishes to thank the following for assistance with its research:1. Refugee Counseling Service Unit (RCSU), UNHCR Project, Dhaka, Bangladesh.2. Concern International, Dhaka, Bangladesh.3. Medicins Sans Frontier; Dhaka Bangladesh.4. National Defence College, Mirpur Cantonment, Dhaka, Bangladesh.5. UNHCR, Dhaka, Bangladesh.6. Bangladesh Public Administration Training Center.7. Department of Political Science, Dhaka University, Dhaka, Bangladesh.