LOCAL RESETTLEMENT AS A TEMPORARY MEASURE FOR ROHINGYAS: COMPARATIVE ANALYSIS OF INTERNATIONAL LAW AND PRACTICE

Sakhawat Sajjat Sejan, LLM and LLB (University of Chittagong), is a Lecturer, Department of Law, Feni University, Bangladesh.

DOI: https://doi.org/10.58710/bjlV21N2Y2023A03

Description

The movement of refugees around the world was always prevalent. The numbers of refugees, stateless persons, and internally displaced persons kept rising as the crises increased. To handle the refugee crises, UNHCR always tried to find viable solutions. The inclusion of three solutions (voluntary repatriation, resettlement, local integration) in the UN Refugee Convention 1951 is the result of such endeavors of UNHCR. But the solutions provided in the convention are not exhaustive. With the advent of time, the dimensions of refugee crises changed and cannot be controlled by these solutions only. Solutions like Local Settlement emerged to meet the gaps in UN Refugee Convention and develop international refugee law. Considering the acceptance of local settlement among different countries, regions, and practices of UNHCR in different names, it is necessary to recognize local settlement as a temporary solution under the Convention. Local settlement might also be established as a principle of customary international law or state practice. Practices prevalent under different countries in Africa and the European Union’s temporary protection directive will pave the way for local settlement to become a state practice. Bangladesh’s contribution towards it through Rohingyas local settlement is surely an important development of the practice. Hence, the importance of local settlement as a solution is discussed in the paper along with Bangladesh’s contribution to the jurisprudence. This paper also discusses the evolution of local settlement as a state practice and how it fulfills the standards of becoming customary international law. Lastly, the paper wraps up the role of local settlement in expanding the horizons of international refugee law

Keywords: Local Settlement, Ugandan Approach, Non-signatory Countries, State-sponsored, Self-reliance, Temporary Protection Directive

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