What does the UN MoU with Bangladesh govt mean for Rohingya refugees?

The U.N. Refugee Agency signed a memorandum of understanding with the Bangladesh government last week to initiate its aid operations on Bhashan Char island, where tens of thousands of Rohingya refugees have been relocated recently.

Both the United Nations and the Bangladesh government have kept the memorandum out of public view — which hinders refugees from making an informed decision on whether to relocate, experts say.

John Quinley, senior human rights specialist at Fortify Rights, says the documents need to be made public so that Rohingya refugees can make “informed choices,” calling it “an important practical step to ensure refugees are included in decisions that affect their daily lives.”

Devex has obtained a copy of the memorandum from a humanitarian worker. While it guarantees “unhindered” access to Bhashan Char for the U.N. and other humanitarian agencies, it states that the movement of refugees to and from the island will only be based on their needs. The government and the U.N. are yet to finalize the specifics of this movement. The refugees will be free to move across the island to conduct their daily activities and access services.

“The Bangladesh government should ensure Rohingya refugees on Bhasan Char are granted freedom of movement on and off the island,” Quinley said.

“As per the MoU, the Government of Bangladesh has committed to any further movements of refugees to Bhasan Char, and their continuing stay, being on an informed and voluntary basis,” UNHCR spokesperson Regina de la Portilla told Devex in an email. If applied in practice, this provision should mean that the refugees who no longer wish to stay on the island would be free to leave.

In accordance with the MoU, both sides agree that refugees would be provided timely and accurate information about the conditions of the island before any future relocation. The U.N. had previously questioned whether the refugees had been properly informed before being transferred to the island.

UN’s reluctant involvement

The U.N.’s belated involvement on the island, pending a finalized agreement, comes as a relief to the Bangladesh government, which was struggling to ensure basic needs for refugees there.

In recent months, scores of refugees have fled or have attempted to flee the silt island in the Bay of Bengal, which is 37 miles (59.5 kilometers) from the nearest mainland. Many of those who managed to escape reportedly cited a lack of sources of income and humanitarian facilities. In August, a fishing boat carrying around 40 fleeing Rohingyas from Bhashan Char capsized in nearby water, leading to the presumed death of dozens.

Bangladesh says the planned relocation of some 100,000 refugees would ease pressure on densely populated camps in Cox’s Bazar. The country hosts nearly one million Rohingya refugees in sprawling camps across the southeastern coastal district. More than 700,000 of them fled violent atrocities in neighboring Myanmar in 2017.

Critics of the Bhashan Char project argue that it remains prone to natural disasters, while the remote nature of the island would mean little to no freedom of movement for refugees. There have also been numerous allegations that refugees were coerced or manipulated into signing up for the relocation.

The U.N. initially outright rejected supporting the project without conducting independent assessments, to which the Bangladesh government did not consent. But as the government pressed ahead with the relocation, the global body was left with few options.

As reports emerged that refugees stationed on the island did not have adequate protection and humanitarian assistance, the U.N.’s continued refusal to engage with the government risked leaving Rohingyas in a worse situation.

UNHCR began to soften its position following a visit by a U.N. delegation to the island in March. By August, signs were surfacing that an agreement between the U.N. and the government on the former’s engagement on Bhashan Char was imminent.

What does the MoU cover?

A greater emphasis has been placed on the protection, well-being, and health of refugees. Previously, refugees reportedly sustained sexual assault and a disease outbreak on the island.

The Bangladesh government also agreed to ensure that the refugee settlement on the island is led by civilian authorities. “The civilian and humanitarian character of the refugees/FDMNs (Forcibly Displaced Myanmar Nationals) settlement on Bhashan Char will be maintained,” the memorandum reads.

As of now, the Bangladesh navy has been heavily involved in the construction and operation of the island, as well as the transshipment, settlement, and policing of the refugees. It is not immediately clear whether, how, or to what extent, the navy would cease its engagement on Bhashan Char.

Bangladesh has also agreed to allow refugees to engage in livelihood activities and access skills, vocational training, and capacity-building activities. The memorandum also states that Rohingya children will be taught an interim curriculum originally developed by the U.N., pending a full transition to the Myanmar curriculum.

“Refugees will be supported to engage in the Myanmar education curriculum that will facilitate their reintegration in the Myanmar national education system when they can safely and voluntarily return to their home country,” UNHCR’s de la Portilla said.

A human rights researcher, who covered Bhashan Char extensively and separately reviewed the memorandum, has welcomed the fact that both parties recognized the protection needs of the refugees already present on the island.

“I’m, however, concerned that the document does not address a plausible scenario that the Bangladesh government may send more than 100,000 refugees to the island in the future,” he said, speaking under the condition of anonymity due to the confidential nature of his work.

“The U.N. should seek Bangladesh’s guarantee to not send more than the stated number of refugees to Bhashan Char,” he added.