ABSTRACT
International law seeks to provide a legal “order” for statelessness. The existence of statelessness, however, reflects a “disorder” of the law in practice. The plight of stateless Rohingyas in Bangladesh is one such case. This chapter explores the complex history of Rohingyas in Myanmar and Bangladesh so as to understand their current plight. Despite all persons having a right to nationality under international law, the Rohingyas have been – and continue to be – denied nationality under the domestic laws of both Myanmar and Bangladesh. In that context, this chapter seeks to answer two questions: first, do stateless Rohingyas qualify as ‘refugees’ under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol? And second, if so, is Bangladesh then subject to the obligation of non-refoulement?
