The Genesis of Rohingya Statelessness and Justice Pathways for Rohingya Refugees
(2025) JAMM07 20251Faculty of Law
Department of Law
- Abstract
- The Rohingya crisis is a profound human rights and humanitarian disaster, representing one of the most severe contemporary instances of statelessness. This condition is characterised by the systematic denial of nationality and fundamental rights, largely facilitated by Myanmar's discriminatory state-institutionalised practices and its Citizenship Law of 1982, which excludes the Rohingya from recognised ethnic groups. A study on this topic is important to investigate how the citizenship regimes of Myanmar and Bangladesh legally create and perpetuate this statelessness and to identify realistic legal means for resolution and justice, thereby informing policy and advocacy for durable solutions. The research critically analyses domestic legal... (More)
- The Rohingya crisis is a profound human rights and humanitarian disaster, representing one of the most severe contemporary instances of statelessness. This condition is characterised by the systematic denial of nationality and fundamental rights, largely facilitated by Myanmar's discriminatory state-institutionalised practices and its Citizenship Law of 1982, which excludes the Rohingya from recognised ethnic groups. A study on this topic is important to investigate how the citizenship regimes of Myanmar and Bangladesh legally create and perpetuate this statelessness and to identify realistic legal means for resolution and justice, thereby informing policy and advocacy for durable solutions. The research critically analyses domestic legal frameworks in Myanmar and Bangladesh concerning their application to the Rohingya, explores the obligations imposed by international laws on statelessness and human rights, evaluates available legal accountability and justice mechanisms, and assesses the effectiveness and limitations of existing domestic solutions to propose reforms. The research was conducted using a doctrinal legal research approach, critically analysing primary sources like domestic legislation, international treaties, case law, and UN reports, supplemented by secondary sources such as scholarly articles and policy reports. The study employed critical legal theory and human rights frameworks to analyse how law acts as both an instrument of exclusion and a potential tool for justice. The thesis aims to critically analyse the legal frameworks in Myanmar and Bangladesh, explore international obligations and justice mechanisms, and assess existing solutions to propose potential reforms. The findings indicate that Myanmar's citizenship regime, particularly the 1982 law, deliberately creates and perpetuates statelessness through ethnic exclusion and administrative barriers, while Bangladesh's policies, though offering sanctuary, inadvertently exacerbate the condition by limiting rights and pathways to durable solutions beyond currently unsafe repatriation. Effective justice requires a multi-pronged approach combining international accountability mechanisms, sustained diplomatic pressure, and fundamental domestic legal and political reforms in Myanmar to ensure citizenship recognition and dismantle ethnic hierarchies, alongside efforts in Bangladesh to enhance rights fulfilment and secure citizenship for eligible children. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9204206
- author
- Noor, Muhammad Asaduzzaman LU
- supervisor
- organization
- course
- JAMM07 20251
- year
- 2025
- type
- H2 - Master's Degree (Two Years)
- subject
- language
- English
- id
- 9204206
- date added to LUP
- 2025-06-24 15:03:07
- date last changed
- 2025-06-24 15:03:07
@misc{9204206,
abstract = {{The Rohingya crisis is a profound human rights and humanitarian disaster, representing one of the most severe contemporary instances of statelessness. This condition is characterised by the systematic denial of nationality and fundamental rights, largely facilitated by Myanmar's discriminatory state-institutionalised practices and its Citizenship Law of 1982, which excludes the Rohingya from recognised ethnic groups. A study on this topic is important to investigate how the citizenship regimes of Myanmar and Bangladesh legally create and perpetuate this statelessness and to identify realistic legal means for resolution and justice, thereby informing policy and advocacy for durable solutions. The research critically analyses domestic legal frameworks in Myanmar and Bangladesh concerning their application to the Rohingya, explores the obligations imposed by international laws on statelessness and human rights, evaluates available legal accountability and justice mechanisms, and assesses the effectiveness and limitations of existing domestic solutions to propose reforms. The research was conducted using a doctrinal legal research approach, critically analysing primary sources like domestic legislation, international treaties, case law, and UN reports, supplemented by secondary sources such as scholarly articles and policy reports. The study employed critical legal theory and human rights frameworks to analyse how law acts as both an instrument of exclusion and a potential tool for justice. The thesis aims to critically analyse the legal frameworks in Myanmar and Bangladesh, explore international obligations and justice mechanisms, and assess existing solutions to propose potential reforms. The findings indicate that Myanmar's citizenship regime, particularly the 1982 law, deliberately creates and perpetuates statelessness through ethnic exclusion and administrative barriers, while Bangladesh's policies, though offering sanctuary, inadvertently exacerbate the condition by limiting rights and pathways to durable solutions beyond currently unsafe repatriation. Effective justice requires a multi-pronged approach combining international accountability mechanisms, sustained diplomatic pressure, and fundamental domestic legal and political reforms in Myanmar to ensure citizenship recognition and dismantle ethnic hierarchies, alongside efforts in Bangladesh to enhance rights fulfilment and secure citizenship for eligible children.}},
author = {{Noor, Muhammad Asaduzzaman}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Genesis of Rohingya Statelessness and Justice Pathways for Rohingya Refugees}},
year = {{2025}},
}