LET US SPEAK FOR OUR RIGHTS - Amnesty International

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LET US SPEAKFOR OUR RIGHTSHUMAN RIGHTS SITUATION OF ROHINGYAREFUGEES IN BANGLADESH

Amnesty International is a global movement of morethan 7 million people who campaign for a world wherehuman rights are enjoyed by all.Our vision is for every person to enjoy all the rightsenshrined in the Universal Declaration of Human Rightsand other international human rights standards.We are independent of any government, politicalideology, economic interest or religion and are fundedmainly by our membership and public donations.First published in 2020by Amnesty International LtdPeter Benenson House, 1 EastonStreet, London WC1X 0DW, UKAll rights reserved. This publication is copyright, but may be reproduced byany method without fee for advocacy, campaigning and teaching purposes,but not for resale.The copyright holders request that all such use be registered with them forimpact assessment purposes. For copying in any other circumstances, orfor reuse in other publications, or for translation or adaptation, prior writtenpermission must be obtained from the publishers, and a fee may be payable.To request permission, or for any other inquiries, please contact @amnesty.org Amnesty International 2020Index: ASA 13/2884/2020Original language: EnglishPrinted by Amnesty International,International Secretariat, UKamnesty.orgCover: Amnesty International. Design by Colin Foo

ISSUESINTRODUCTION. 6“THEY TOLD ME NOT TO USE WI-FI NEXT TIME”. 8Rohingya refugees use the internet for online education and to communicate withrelatives, but restrictions on internet access has disrupted their lives.PROTECT WOMEN FROM VIOLENCE AND DISCRIMINATION. 10Protection services, which include legal counselling and child protection, havebeen constrained by limited scale of operation in the camps during COVID-19.“THIS IS WORSE THAN PRISON”. 12Rohingya men, women and children detained in Bhashan Char, a remote siltisland at the Bay of Bengal, wish to return to Cox’s Bazar refugee camps.“I DON'T KNOW HOW MY FUTURE WILL BE WITHOUT EDUCATION” . 14Mohammod Zubair, a Rohingya youth activist, explains how access to educationcan empower his community to speak up for their rights.ENSURE RIGHT TO HEALTHCARE OF ROHINGYA REFUGEES. 16Access to information about healthcare services and accountability of the serviceproviders can protect the right to healthcare for Rohingya refugees.IMPROVE SOCIO-ECONOMIC COHESION BETWEEN THE TWO COMMUNITIES. 18Bangladesh’s authorities and the international community must improve relations betweenRohingya refugees and members of the host community by building trust and empathy andaddressing both their needs.“WE ARE NOT PRISONERS TO BE KEPT IN CONFINEMENT”. 20The Bangladeshi government’s construction of barbed-wire fences around the camps willtake a major psychological toll and exacerbate their sense of frustration and alienation.“THEY SAY THIS ABOUT ANYONE THEY KILL”. 22More than 100 Rohingya refugees, who fled the Myanmar military’s atrocity crimes,have become victims of what appears to be extrajudicial executions in Bangladesh.WHAT ROHINGYA REFUGEES NEED DURING THE PANDEMIC. 24RECOMMENDATIONS. 25Names with an asterisk have been changed to protect the identity of the persons.Amnesty International3

TIMELINE:THE ROHINGYA PEOPLE IN BANGLADESH3,450740,000May 31, 2020December 10 2019First Rohingya refugeedies from COVID-19in the camp.The International Court ofJustice (ICJ) beginshearing on Rohingyaatrocity crimes againstMyanmar filed by TheGambia.August 22, 2019Another list of 3,450 Rohingyarefugees for repatriation isprepared without their consent.August 25, 2017Fleeing atrocity crimes committedby the Myanmar military, morethan 740,000 Rohingya refugeesbegin arriving in Bangladesh’sCox’s Bazar district. They joinnearly 260,000 Rohingyarefugees in Bangladesh who hadfled previous atrocities inMyanmar since 1978.May 1-7, 2020September 1, 2019The Bangladeshi authoritiesrestrict access to high speedinternet for Rohingya refugees inthe camps.January 28, 2020Bangladesh’s government agrees inprinciple to offer Rohingya childrenaccess to education, based on theMyanmar curriculum.August 25, 2019First Rohingya refugee testspositive for COVID-19.January 23, 2020November 15, 2018More than 2,000 Rohingya refugeesare put on a list for repatriationwithout their consent. 2,000200,000COX’S BAZAR“LET US SPEAK FOR OUR RIGHTS” Human rights situation of Rohingya refugees in BangladeshThe Bangladeshi authoritiesrelocate more than 300 Rohingyarefugees to Bhashan Char, aremote silt island. Plans areunderway to relocate 100,000refugees to the island.May 14, 2020About 200,000 Rohingya refugees rally inCox’s Bazar express their appreciation toBangladesh for hosting them and call onMyanmar to meet with them to addresstheir demands.4300 November 24, 2019Bangladesh Army chiefGeneral Aziz Ahmedannounces the constructionof barbed-wire fencingaround Rohingya camps.The ICJ issues order on TheGambia’s request forprovisional measures toprotect rights of Rohingyaand prevent destruction ofevidence in Myanmar.April 16, 2020396 Rohingyas return toBangladesh by boat afterMalaysian authorities refusedthem entry. Bangladeshiauthorities allowed them to goback to their camps.396Amnesty International5

INTRODUCTIONNearly one million Rohingya, a persecuted mostly Muslim minority in Myanmar, have fled waves of violentattacks in the country since 1978 and sought refuge in neighbouring Bangladesh. The overwhelming majorityof them began arriving three years ago, starting on 25 August 2017, when more than 740,000 Rohingyas fledMyanmar, after their homes were burned, and at least 10,000 Rohingya men, women and children were killedin the Myanmar military’s crimes against humanity.1The conditions in Myanmar, wherecrimes against humanity againstthe Rohingya continue to becommitted and there has been noaccountability, are not conducivefor the “safe, dignified, voluntaryand sustainable” returns of therefugees.2An outbreak of the COVID-19 pandemicinside the Rohingya refugee campsin Cox’s Bazar could be truly devastating.For the foreseeable future,Rohingya refugees will remain inBangladesh’s Cox’s Bazar district.This briefing provides an update onthe human rights situation facingthe refugees as they contend withthe COVID-19 pandemic. It alsooutlines Amnesty International’scall for the protection of thehuman rights to be at the heartof the humanitarian response inthe camps, and for the Rohingyato be able to play a key role in thedecisions that affect them.Bangladesh is poised to becomea middle-income country of160 million people in an area of144,000 square kilometres witha population density of more than1,200 people per square kilometre.The average population densityin the Rohingya refugee camps isabout 40,000 people per squarekilometre 3, according to ACAPS, aNorwegian humanitarian analysisgroup. The UN Population Fundhas said that Bangladesh has themost densely populated refugeecamp in the world.Ukhiya and Teknaf, the two areas orupazilas of Cox’s Bazar, the southeastern district of Bangladesh whichshares a border with Myanmar, hostthe refugees in 34 refugee campsspread over about 6,800 acres.The host community has become aminority in this region, representingroughly one third of the populationsince the influx.12346Bangladesh has not acceded tothe 1951 Refugee Convention orits 1967 Protocol. The country hasbeen lauded by the internationalcommunity for hosting theRohingya refugees.While there have been fears of theRohingya being forcibly returnedto Myanmar, Bangladesh’s PrimeMinister Sheikh Hasina made acommitment to the United NationsGeneral Assembly in September2019 that only safe, dignified, andvoluntary returns of the Rohingyarefugees can put an end to theircurrent situation.4A voluntary and sustainable returnto Myanmar with dignity requiresparticipation of Rohingya refugeesin the decisions that affect them. Byencouraging refugee leadership andconsultation in decisions related tothem, Bangladesh’s governmentcan ensure that their actions aretransparent and do not furtherviolate the human rights of theRohingya people.An outbreak of the COVID-19pandemic inside the Rohingyarefugee camps in Cox’s Bazar couldbe truly devastating. Rohingyarefugees’ struggle to accesshealthcare due to language barriers,Amnesty International, Myanmar: Two years since Rohingya exodus, impunity reigns supreme for military, 21 August 2019, nmar-two-years-since-rohingya-crisis/Amnesty International, Myanmar: Indiscriminate airstrikes kill civilians as Rakhine conflict worsens, 8 July 2020, ine/ACAPS, COVID-19 Rohingya Response, 19 March 2020, iles/20200319 acaps covid19 risk reportrohingya response.pdfThe Daily Star, PM places 4 proposals before UNGA, dubs Rohingya crisis a regional threat; 28 September 2019, -1806475“LET US SPEAK FOR OUR RIGHTS” Human rights situation of Rohingya refugees in Bangladesh

By encouraging refugee leadership and consultation in decisionsrelated to them, Bangladesh’s government can ensure that theiractions are transparent and do not further violate the human rightsof the Rohingya people.ill-treatment and lack of informationabout access to healthcare servicesin the camps.5 Women in the campshave complained about genderbased violence and discriminationat home and outside during thepandemic.6 More than 100 Rohingyarefugees have been allegedly killed inextrajudicial executions, according toOdhikar, a Bangladeshi human rightsorganization. In May, Bangladeshiauthorities took more than 300Rohingya refugees to Bhashan Char,a remote silt island at the Bay ofBengal. Rohingya refugees on theisland told Amnesty International thatthey wish return to refugee campsin Cox’s Bazar as it is not suitableto stay there.7 The authorities’construction of barbed wire fences8around the camps further threatensto restrict the refugees’ right tofreedom of movement and stoketerritorial sentiments and tensionsbetween Rohingya refugees andhost community.The restrictions and challengesfaced by Rohingya refugees reflecta lack of consultation with themin the Bangladeshi government’sdecisions and actions that affectthem.Amnesty International sent itsfindings to the Ministry of ForeignAffairs and the Refugee Relief andRepatriation Commissioner of theGovernment of Bangladesh on 19August 2020 for comment but todate it has received no response.The participation of the refugees indecision-making about their futureis also a matter of their freedom ofexpression. This is a prerequisitethat ensures the openness andtransparency of, and accountabilityfor, States’ decisions, accordingto the United Nations “Guidelinesfor States on the effectiveimplementation of the right toparticipate in public affairs”.9The Guidelines further mention that,“the right to participate in public affairsrequires that the life, physical integrity,liberty, security and privacy of allmembers of society be protectedat all times. Moreover, the right toparticipate requires an environmentthat values and takes into account thework and contribution of all membersof society, supports and encouragestheir engagement and ensures thatthey are empowered and equippedwith the knowledge and capacitynecessary to claim and exercisetheir rights.”The participation of Rohingyarefugees in decisions related tothem must be ensured so that theycan claim their human rights, andwhen repatriation occurs, it is trulyvoluntary and sustainable.The restrictionsand challengesfaced by Rohingyarefugees reflect alack of consultationwith them inthe Bangladeshigovernment’sdecisions andactions thataffect them.5Amnesty International interview with Rohingya refugees, August 2020678Amnesty International interview with Rohingya refugees, July 2020Amnesty International interview with Rohingya refugees, August 2020The Daily Star, Surveillance of Rohingyas not weak: home minister, 15 February 2020, , Guidelines for States on the effective implementation of the right to participate in public affairs, 2020, Retrieved 26 August 2020, ffairs/GuidelinesRightParticipatePublicAffairs web.pdf9Amnesty International7

“THEY TOLD ME NOT TOUSE WI-FI NEXT TIME”Rohingya refugees use internet for online education and to communicate with relatives buta restriction has denied them access to life-saving information during COVID-19 and addedmore frustration to their lives.A restriction on access to highspeed internet for Rohingyarefugees in Cox’s Bazar sinceSeptember 2019 has made theirlives in the camps even moredifficult.“I was a student when I fled mynative country. I harboured my thirstfor education even after I arrivedin Bangladesh. I could downloadbooks, read newspaper, take onlinecourses from Coursera, Udemy,etc. using the internet. But now allthings about my development havecome to a halt due to the internetrestriction. There is no other wayto acquire knowledge, educationand to be aware about the currentsituation of the world. Restrictinginternet for refugees is likerestricting our access to education,”said Mo Mong Sha, a 22-year-oldRohingya refugee.In September 2019, mobile phoneoperators shut down 3G and 4Gservices in the refugee camps oninstructions from the BangladeshTelecommunication and RegulatoryCommission. The authoritiesclaimed that the cutdown oninternet speed was imposed toprevent drug smuggling andviolent crimes.“Internet helps people more thanfacilitating crimes in the camps.Crimes can never be a reason for8restriction on using the internet,”said Mo Mong Sha. Now, inabsence of internet, not only peopledo not know about crimes beingcommitted in the camps, “wecannot even send urgent messagesto relatives.”On 5 August 2020, police detaineda young Rohingya man for usingWi-Fi internet at a shop in Jamtoli incamp 15. “Is using Wi-Fi a crime?”he asked the police officials. Theysaid that Rohingya cannot use Wi-Fiinternet. “Finally, after one hourthey released me and returned mymobile phone and told me not useWi-Fi next time,” he told AmnestyInternational.These types of restrictionsundermine the dignity and violatethe human rights of the Rohingya.“We have restriction on education,movement, employment and evenon using internet. I have relativesabroad. I communicated with themfrequently in the past. I receivedimportant news and informationwhen I had internet access.If I didn't know or understandsomething, I looked it up on Googleand other places on the internet,”said Samuda, a 20-year-oldRohingya refugee.In April 2020, the UN SpecialRapporteur on the promotion andprotection of the right to freedomof opinion and expression hassaid that the internet is one ofthe leading prerequisites for theenjoyment of the right to freedomof expression. “Internet shutdownsare an affront to the freedom ofexpression that every person isguaranteed under human rightsRohingya refugees said to AmnestyInternational that although in some partsof the camps the internet speed hasimproved it is still not widely available. “Idon't get proper network. I have to climbup to higher places to get [better] speed.”– A Rohingya man in camp 12.“LET US SPEAK FOR OUR RIGHTS” Human rights situation of Rohingya refugees in Bangladesh

Yassin Abdumonab for Amnesty Internationallaw,” and during a pandemic, headded, “this could risk the healthand life of everyone denied suchaccess.”10“The world is passing a hardtime because of the Covid-19pandemic and we the Rohingya arein a difficult situation because wecannot get timely updates abouthealth and safety measures,” saidMuzibur Rahman, a 30-year-oldRohingya refugee.One year since Bangladeshiauthorities restricted access tohigh-speed internet in the refugeecamps, the country’s ForeignSecretary Masud Bin Momen saidon 24 August that they will liftthe “restriction on 3G/4G mobilenetwork”. Rohingya refugees said toAmnesty International that althoughin some parts of the camps theinternet speed has improved it isstill not widely available. “I don'tget proper network. I have to climbup to higher places to get [better]speed,” said one Rohingya man incamp 12. Internet restrictions deny Rohingya refugees their right to freedom of expression. Refugees cannot access life-saving information during COVID-19. Police confiscate phones and laptops of Rohingya refugees for using internet. Rohingya youth says he was detained by police for using Wi-Fi.10 UN, Disease pandemics and the freedom of opinion and expression, 23 April 2020, https://www.undocs.org/A/HRC/44/49Amnesty International9

PROTECT WOMEN FROMVIOLENCE AND DISCRIMINATIONProtection services, which include legal counselling and child protection, have beenconstrained by limited scale of operation in the camps during COVID-19.Yasmin Bibi*, 40, said she wouldbe the last person to receive herpacket from the majhi (a Rohingyacommunity leader in every camp)whenever humanitarian agencieswould distribute food or otheritems through camp leaders inthe Rohingya refugee camps. Themajhi would distribute the items tohis relatives and people he likesbefore he turned to her, she said.On another occasion, her neighbourhad damaged part of her shelterwhile fixing his. “I didn’t complainto anyone because if I told themajhi, he would have asked me tocompromise.11 People get away bydoing these because I am a widow,”she says.When Shaheen Ara*, 29, went toregister herself for a World FoodProgramme food card, she saidsome local NGO workers demandedsexual favours in exchange ofservices. They said they wouldgive her a house and ensure herdaughter’s education if she leftthe camp and went with them.“I vehemently refused and sothey kept me waiting until a seniorofficial instructed them to help me,”she says.An activist of Rohingya women’seducation, Shaheen, says that aidworkers have sexually exploitedgirls in the refugee camps. She Fabeha Monir for Amnesty Internationalsaid that some people within thehumanitarian sector have in thepast taken them outside the campswith the proposition of marriage.According to her, the girls would besent back to the camps a few dayslater or they would become victimsof human trafficking.12Amnesty International interviewed10 Rohingya women aboutgender-based violence (GBV) anddiscrimination in the camps. Fiveof them said the frequency ofviolence against women, particularlydomestic violence, has increasedduring COVID-19, as more men are11 Compromise, a term locally suggested to stay quiet or not do anythin12 The Rohingya children trafficked for sex. (2020). Retrieved 26 August 2020, from https://www.bbc.com/news/world-asia-4346904310 “LET US SPEAK FOR OUR RIGHTS” Human rights situation of Rohingya refugees in Bangladesh

“A few months ago, our community [leaders] decided notto allow women to go to work. I couldn’t go to work for aboutthree months,”– Rahima *, a 50-year-old woman of Camp 1 at Kutupalong, who is a field worker and refers pregnant women to hospital.at home. Women said that theirhusbands, aggrieved by the loss ofopportunity to work, put pressureon them to bring in money, andwere violent towards the womenin the household. Four of the 10women believed that

August 25, 2017 November 15, 2018 August 22, 2019 August 25, 2019 September 1, 2019 December 10 2019 November 24, 2019 January 23, 2020 January 28, 2020 May 14, 2020 May 31, 2020 April 16, 2020 Fleeing atrocity crimes committed by the Myanmar military, more than

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