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RECOGNITION OF RIGHT TO DEVELOPMENT IN
PROTRACTED SITUATIONS: CONCEPTUALIZING WITH
SUSTAINABLE DEVELOPMENT GOALS AND RIGHT TO
WORK OF ROHINGYA S IN BANGLADESH
SURAYA FERDOUS
TOKI ASHRAF
ABSTRACT
With the introduction of Sustainable Development Goals (SDGs) in 2015, the vulnerabilities
of disadvantaged people were recognized by international actors. Across the globe, people
continue to endure intersecting forms of hardship linked to their gender and ethnic identity,
displacement, age, and poverty. The Rohingyas living in Bangladesh are considered one of the
most vulnerable groups whose circumstances keeps deteriorating amid a protracted refugee
situation. As the protracted situation continues, regional political indicators suggest that the
prospect of securing a durable solution in the near future seems quite impossible. This paper
examines a nexus between the aims of SDGs and the necessity for the realization of right to
development of vulnerable populations, focusing on the Rohingyas in Bangladesh and discover
their potential for societal and economic contribution in a protracted situation. The paper explores
the right to work as a fundamental aspect of the right to development and analyzes judicial
interpretations recognizing the right to work in protracted displacement. The final section of the
paper assesses the extent to which the Leaving No One Behind (LNOB) principle has been
implemented in recognizing the right to work of Rohingya populations in Bangladesh, evaluates
the legal obligations of Bangladesh being a host state, and advances timely recommendations.
Keywords: Rohingyas, Protracted Refugee Situation, Right to Work, Sustainable Development
Goals, Development.
Lecturer, Department of Law Independent University, Bangladesh. LLM (McGill University), LLB (University
of Dhaka). Email: ferdous@iub.edu.bd
Lecturer, State University of Bangladesh. LLM (University of Dhaka), LLB (University of Dhaka). Email:
toki.ashraf@sub.edu.bd
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I. INTRODUCTION
The 17-point plan for Sustainable Development (2030 Agenda) was introduced by the United
Nations in 2015 with 169 targets in order to construct a thorough plan for people, planet, and
prosperity.
1
The SDGs were intended to adopt a universalism approach in its implementation, and
were considered to be ‘bold’ and ‘transformative’, leading to a path of resilience and
sustainability.
2
The principles emanating from SDGs are considered to be the outcome of wide
negotiating phases led by the United Nations, comprising new aspirations, emerging demands, and
timely perspectives.
3
Since SDGs promote the ‘Leaving No One Behind’ (LNOB) principle, it is
expected that vulnerable populations, specifically refugees in protracted situations, will receive the
benefit of LNOB implementation. SDGs were developed, consisting of three components: social,
economic, and environmental; this paper will try to assess whether SDGs have any meaningful
impact on Rohingyas residing in Bangladesh from the viewpoint of these three dimensions.
Bangladesh is recognized by UNHCR to host more than one million Rohingyas in Cox’s Bazar,
who primarily rely on humanitarian assistance for fulfillment of basic necessities.
4
Rohingyas
enjoy limited livelihood opportunities owing to the domestic legal prohibition in Bangladesh, and
consequently, community resilience failed to develop in a protracted situation.
5
LNOB was
promised as a tool for poverty elimination, reduction of inequalities and vulnerabilities, combating
discrimination and exclusion through the reinforcement of human dignity.
6
The promise made with
LNOB is one of self-reliance and development driven. Therefore, it is essential to evaluate the
1
The primary idea behind the plan was to eliminate poverty in all forms, which is considered to be the greatest obstacle
in achieving sustainable development for people and planet. The Preamble of the Agenda recognizes the elimination
of poverty as a precondition to accomplish the SDGs by 2030. See, UN Department of Economics and Social Affairs,
‘Transforming our world: the 2030 Agenda for Sustainable Development’ <https://sdgs.un.org/2030agenda>.
2
The collective journey of SDGs was proposed to be built on collaboration among diverse stakeholders, and inclusive,
leaving no one behind. The Preamble acknowledges the non-realization of Millennium Development Goals and
demonstrates how to achieve them by 2030 through the realization of human rights and gender equality for all. See,
Ibid.
3
Javier Surasky, ‘The 2030 Agenda for Sustainable Development: Beyond goals and targets’ Cepei, 7 May 2021
<https://cepei.org/en/documents/2030-agenda-sustainable-development/>.
4
UNHCR, ‘Bangladesh’ 6 October 2025 <https://www.unhcr.org/where-we-work/countries/bangladesh> accessed 8
November 2025.
5
World Bank, ‘Two Settlements, Two Diverging Paths: Jobs and Labor Market Outcomes for the Displaced
Rohingya Population - Analysis Based on The Cox's Bazar and Bhasan Char Panel Surveys’, August 2025
<https://documents1.worldbank.org/curated/en/099071225032011906/pdf/P501651-f76fc248-8c33-4770-8603-
50c952250068.pdf> accessed 8 November 2025.
6
UN Sustainable Development Group, ‘Principle Two: Leave No One Behind’ <https://unsdg.un.org/2030-
agenda/universal-values/leave-no-one-behind>.
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promise made under LNOB with reference to the experience of Rohingya refugees found in a
protracted situation. Moreover, it is crucial to investigate gaps in recognizing the right to work of
Rohingyas, weakening the LNOB principle, and building a nexus with the expected social,
economic, and environmental development of refugees under a protracted situation.
II. PROTRACTED REFUGEE SITUATIONS: A PRESSING CONCERN FOR THE
INTERNATIONAL COMMUNITY
In recent times, UNHCR frequently relies on the notion ‘Protracted Refugee Situations’ or
(PRS) to evaluate this grave humanitarian issue, however, this term has never received any formal
definition from this organization.
7
For the purpose of this paper, refugees under protracted
situations are to be understood as those who have lived in displacement for more than five years.
Their existing circumstances fail to demonstrate an imminent possibility for a durable solution
through voluntary repatriation, local integration, or settlement.
8
The precise data and numerical
standards from UNHCR turn PRS into a more transparent and evident idea. According to the data
from UNHCR, two conditions must be fulfilled to satisfy the criterion of PRS. Firstly, a minimum
of 25000 refugees must evidently be in exile, being displaced from the same country. Secondly,
they should be in exile for a timeframe longer than five consecutive years.
9
The duration implies
there must not be a temporal gap or interval within this timespan. UNHCR collected data on PRS
in 2018 and identified 10 major protracted refugee situations.
10
As per the operational data portal
of UNHCR, the protracted situations commenced and gradually escalated, resulting in no durable
solution.
11
7
Jeff Crisp, ‘NO SOLUTIONS IN SIGHT: THE PROBLEM OF PROTRACTED REFUGEE SITUATIONS IN
AFRICA’, (2003) 22(4) Refugee Survey Quarterly 114–50 <http://www.jstor.org/stable/45054745> accessed 28
October 2025.
8
Ibid.
9
UNHCR, ‘Protracted Refugee Situation Explained’, 28 January 2020 <https://www.unrefugees.org/news/protracted-
refugee-situations-explained/> accessed 28 October 2025.
10
Afghan, Syrians, South Sudanese, Rohingyas, Somalis, Sudanese, Congolese (DRC), Central Africans (CAR),
Eritreans, and Burundis were labeled as the largest protracted refugee populations. In 2019, 16 million people were
found to be in protracted refugee situations. This number revealed an increase of 12% from the number in 2018. The
pattern, as identified by UNHCR, depicts the gradual intensification of the situation, leading to the inherited hardships
of refugees among generations. The plight of Afghan refugees bears strong evidence of such transgenerational trauma
being hosted by Pakistan and Iran for the last 40 years. See, Ibid.
11
UNHCR, Situations <https://data.unhcr.org/en/situations>.
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Prolonged stay in host states with no pathway to durable solutions inevitably leads to pressing
challenges obstructing refugees’ assimilation into the host population.
12
The study conducted in
Uganda substantiates this assertion by illustrating refugees’ struggles to navigate the local labor
market, access higher and technical education surrounding the unpredictable relationship they
share with the host communities.
13
Prolonged stay in host states could generate security concerns
for refugees, which may be perceived as implicit.
14
Conflicts could surface among local
populations and refugees as the latter group is often viewed as recipients of preferential treatment
through international aid. To be particular, health and education benefits are made available to
them through international aid, while access to such necessities becomes increasingly difficult for
local populations owing to the resource constraints of the government.
15
The continuation of the
refugee crisis has turned into a domestic and regional issue, casting grave political implications.
16
Refugees’ prolonged stay and mass concentration in the host community eventually give rise to
transnational security concerns such as drug trafficking, human trafficking, smuggling of arms,
and mobilization of soldiers, weakening state structures over which the host nation cannot exercise
any visible control.
17
Refugees in protracted situations are often forced to live in isolation and are restricted from
residing in encampment settings, which eventually leads to the denial of basic human rights and
12
Paul Ogwang Tulibaleka, Tumwesigye Keneth and Nakalema Kuluthum, ‘Protracted Refugee: Understanding the
Challenges of Refugee in Protracted Refugee Situation in Uganda’ (2022) 14 Journal of African Studies and
Development 1.
13
Uganda has been practicing ‘encampment’ and ‘self -reliance strategy’ in collaboration with UNHCR to ease the
plight of refugees displaced from African countries. Uganda allowed refugees’ freedom of movement and recognized
their right to work for which the country earned international acclaim. However, Uganda failed to continue such
support due to the large-scale entry of refugees from South Sudan, who represent the majority of the refugee
population. With limited resources, Uganda failed to ensure basic necessities for all refugees displaced from South
Sudan who are now found to be in protracted situations. The refugees encounter fewer employment opportunities,
lower pay at workplaces, discriminatory treatment and segregation from employers. Refugees who aspire to launch
self-entrepreneurial initiatives fail to execute for lack of sizable capital and support from the government. Additionally,
their access to education is undermined by instability and uncertainty. The majority of them are unsure of a strategic
roadmap following the completion of primary and secondary education. While some non-governmental organizations
provide aid for vocational education, the transition to university-level education remains uncertain and challenging.
Ibid.
14
Gil Loescher and James Milner, ‘The Significance of Protracted Refugee Situations’ (2005) 45 The Adelphi Paper
7.
15
Ibid.
16
Gil Loescher and James Milner, ‘Security Implications of Protracted Refugee Situations’ (2005) 45 The Adelphi
Paper 23.
17
Ibid.
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heightens security risks.
18
Such restrictive policies often compel the refugees to resort to illicit
methods to secure a livelihood, such as prostitution, robbery, or smuggling.
19
Their involvement
in unlawful practices increases the vulnerability of host states, leading to their adoption of more
restrictive measures against refugees.
20
It is pertinent to mention here that the refugee crisis does
not develop into a protracted situation instantly, rather the challenge unfolds progressively. The
passive and non-participatory role played by ‘peace and security actors’, coupled with the lack of
political action between the host state and country of origin, transforms into a protracted
emergency.
21
As pointed out by UNHCR, such unresolved protracted situations emerge primarily
from political causes.
22
The combined effect of political non-intervention and minimal donor
involvement has intensified the crisis.
23
III. RIGHT TO DEVELOPMENT IN PROTRACTED EXILE: ACCESS TO WORK
OR BARRIERS IN DISGUISE?
The right to development is an all-encompassing process marking the continuous sequence of
economic, social, cultural, and political actions.
24
Development implies effective and voluntary
participation from all leading to their sustainable welfare.
25
Article 1 of the Declaration on the
Right to Development considers the right to development as a basic fundamental right ‘by virtue
of which every human person, individually and collectively, is entitled to participate in, contribute
to, and enjoy economic, social, cultural and political development, in which all human rights and
fundamental freedoms can be fully realized’.
26
The right also implies one’s capacity to exercise
self-determination, having full control over natural resources and wealth. The combined reading
18
Refugees who are in protracted situations in Kenya and Tanzania are allowed to move within a 4KM radius of the
camp. Such a restriction prevents them from earning wages through lawful means and makes them extensively
dependent on international aid. Gil Loescher and James Milner, ‘Long Road Home: The Significance of Protracted
Refugee Situations’ (2005) 47 The Adelphi Paper 153.
19
Ibid.
20
Ibid.
21
Robyn N Lui, ‘Such a Long Journey: Protracted Refugee Situations in Asia’, (2007) 19 Global Change, Peace &
Security 185.
22
UNHCR, ‘The State of the World’s Refugees 2006 - Human Displacement in the New Millennium - Chapter 5:
Protracted Refugee Situations: The Search for Practical Solutions’ <https://www.unhcr.org/media/state-worlds-
refugees-2006-human-displacement-new-millennium-chapter-5-protracted-refugee> accessed 29 October 2025.
23
Ibid.
24
Declaration on the Right to Development, GA Resolution 41/128 (4 December 1986).
25
Ibid.
26
Ibid.
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of Article 1 and 2 suggests that humans, being the central focus of development, are expected to
participate meaningfully in the process of realization for this ‘human right’.
27
It is the human being
who acts as the active participant and the beneficiary of the implementation process.
28
The texts of the Declaration point to the fact that refugees in protracted situations are also
entitled to employ their full potential to claim their right to development. This paper has
particularly concentrated on the right to development, as this intrinsic human right shares a
substantial nexus with principles emanating from SDGs.
29
Additionally, the texts of the
Declaration reveal that the right to development encompasses a full spectrum of human rights,
whether civil, political, or economic. Right to development does not foster superficial
categorization among human rights and applies to all human beings, including refugees,
irrespective of their mandated status or designated as stateless by the host state. Therefore, the
practical outcomes of the Leaving No One Behind (LNOB) commitment in the context of refugees
in protracted exile could be assessed through the evidence of the realization of the right to
development.
When refugees are found in protracted exile, it is reasonable to assume that lasting solutions
cannot be realized immediately, and thus the role of international human rights law comes into
play.
30
UNHCR holds a legal personality and an effective mandate to oversee that camp
populations are being developed in an appropriate manner.
31
UNHCR’s alignment with
international human rights law is evident through its involvement in ‘Humanitarian-Development
27
Arjun Sengupta, ‘Right to Development as a Human Right’, (2001) 36 Economic and Political Weekly 2527.
28
Ibid.
29
Human Rights are interdependent and mutually reinforcing. Sustainable development cannot be fulfilled while
neglecting the right to peace and security, and vice versa. Human rights cannot be mechanically compartmentalized
from other pressing rights such as the right to peace, development, and environmental protection. Iryna Ivankiv, ‘Right
to Sustainable Development as One of the Rights of Humanity’ (2020) 82 Studia Iuridica 115
<https://doi.org/10.5604/01.3001.0013.9614>.
30
Ralph Wilde, ‘Quis Custodiet Ipsos Custodes: Why and How UNHCR Governance of ‘Development’ Refugee
Camps Should Be Subject to International Human Rights Law’ (1998) 1 Yale Human Rights & Development Law
Journal 107.
31
The engagement of UNHCR with international human rights law is necessary to ensure the ‘development’ of refugee
populations within the camps, which will eventually create a path for durable solutions. The promise for durable
solutions implies that UNHCR and the host states must provide basic support within the camps for those who are
currently enduring the crisis. The support for the ongoing emergency does not essentially mean that refugees’ exile is
being formalized weakening their ties with country of origin. Rather, it demonstrates that principles of human rights
law, which promote the provision for aid to those currently experiencing the crisis, are being acknowledged by
UNHCR and the host state. Such acknowledgement reinforces the idea that international actors should ensure refugees’
right to development when permanent solutions cannot be foreseen in near future. Ibid.
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Cooperation. Four types of development practices are found from case study countries.
32
UNHCR
collaborates with development actors to improve refugees’ situation by providing data and sharing
protection advice. UNHCR initiates policy advocacy and bargaining with governments to ensure
uninterrupted access to basic necessities such as health care and education. UNHCR is launching
a self-reliance program focusing on refugees’ employment opportunities and mobilization in the
financial sectors.
33
Despite the development-oriented interventions introduced by UNHCR, in reality, it is
tremendously difficult for refugees in protracted exile to find suitable employment or develop new
skills as the country of asylum neglects to recognize their potential contribution towards the
economy. Additionally, the international community is reluctant to advance financial resources for
their meaningful engagement.
34
The international community fails to see the demonstrable nexus
between ‘forced migration’ and ‘development,’ and thus refugees’ capacity to contribute to the
society, economy, and the political spheres remains unrecognized.
35
Poverty works as a catalyst in
this scenario, where the refugees are caught in the vicious cycle of destitution.
36
Refugees in
protracted situations experience minimal opportunities for seeking employment. Additionally,
practicalities and legal restrictions obstruct their access to higher education and compel them to be
overly dependent on humanitarian assistance. This complex situation generates discriminatory
treatment towards refugees, restricts their enjoyment of human rights, triggers social exclusion in
the host community, and obstructs their agency in the societal involvement process.
37
International actors have acknowledged refugees’ right to development through their focus on
the inherent nexus between three instances relevant under humanitarian situations- humanitarian,
development, and peace (HDP). The World Humanitarian Summit held in 2016 helped establish
this HDP nexus. The nexus affirmed the necessity for initiatives of broader development and peace
32
Julia Streets, Julian Lehmann, and Urban Reichhold, ‘UNHCR’s Engagement in Humanitarian Development
Cooperation’ GPPI, October 2019, <https://gppi.net/assets/5dd3b7bd4.pdf> accessed 29 October 2025.
33
Ibid.
34
Walter Irvine, ‘Refugees and Sustainable Development: a rights-based approach’, September 2007
<https://www.caritas.pt/wp-content/uploads/2007/09/ficheiros_nacional_file_Irvine.pdf > accessed 29 October 2025.
35
Ibid.
36
Anna Lise Purkey, ‘Legal Empowerment for a Dignified Life: Fiduciary Duty and Human Rights-Based Capabilities
in Protracted Refugee Situations’, (2014) Unpublished Doctoral Thesis, University of McGill <https://adsp.ngo/wp-
content/uploads/2018/12/G-8_A-Dignified-Approach_-Legal-Empowerment-and-Justice-for-Human-Rights-
Violations-in-Protracted-Refugee-Situations.pdf> accessed 29 October 2025.
37
Ibid.
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alongside humanitarian assistance intended for refugees and other displacement situations.
38
However, the HDP nexus approach will not lead to a development driven or sustainable outcome
for displaced persons if public services (such as health care and education) are not made inclusive
and barriers to the formal labor market remain unaddressed.
39
Progressive measures reinforcing
refugees’ right to development were formalized in Uganda, specifically tailored for refugees from
South Sudan.
40
Refugees were given a small share of land to grow their own food and capital to
initiate small enterprises. However, accessibility to the formal and informal labor market remained
challenging for linguistic differences and educational barriers.
41
The right to development in PRS seems challenging to realize when host communities attempt
to escape the economic strain of incorporating refugees within their society. Refugees are
perceived as a liability posing a serious threat to the economy, security, and environment.
42
It is
important to note that refugees are often used as convenient excuses to rationalize the existing
socioeconomic crisis in the host state.
43
Additionally, recognition of the right to development and
implementation of SDGs largely remain unfulfilled as the Declaration and SDGs promote soft law
obligations without requiring mandatory enforcement of aspirational goals.
38
The approaches adopted under the HDP nexus lack a nuanced understanding of sustainability. While the initiatives
primarily concentrate on improving communal unity among refugees and the hosting society, the root causes of
displacement and conflict remain inadequately addressed. As discussed in this paper, one of the root causes of PRS is
the lack of political dialogue between the country of origin and the host state. The initiatives undertaken under the
HDP nexus, much like earlier approaches, concentrate on providing humanitarian help in the host state rather than
tackling the challenges in the country of origin. Such a development-based model, despite being integrated, will fail
to guarantee a sustainable outcome. OECD and United Nations High Commissioner for Refugees, ‘The Humanitarian-
Development-Peace Nexus and Forced Displacement: Progress, Insights and Recommendations for Operational
Practice’ (57th edn, 2024) OECD Development Policy Papers <https://doi.org/10.1787/3e493170-en> accessed 31
October 2025.
39
Ibid.
40
above note 13.
41
The focus group study on urban refugees revealed that social exclusion had remained the primary factor restricting
their participation in the formal labor market. One of the participants in the study expressed that he had completed
primary and university level education in Uganda. However, he failed to be a part of the informal labor forces despite
having the right educational credentials. The participant believed his South Sudanese identity had restricted his access
to the Ugandan formal labor market. The study confirms that refugees in PRS cannot exercise their right to
development as they remain trapped in the cycle of persistent poverty, which was triggered by the exclusionary
practices experienced in the host community. above note 13.
42
Samuel Opono and Frank Ahimbisibwe, ‘Protracted Refugee Situations and the Shrinking Durable Solutions: Could
There Be a Ray of Hope in Local Solutions?’ (2024) 10(1) Cogent Social Sciences.
43
Many in Guinea perceive Liberian and Sierra Leonean refugees as contributing to the rise of unlawful activities,
petty offenses, street prostitution, and the escalation of narcotics circulation. However, the cycle of poverty had been
in existence at the onset of the refugee influx, but there is no specific evidence proving conclusively that the erosion
of public security in Guinea is connected with measures undertaken for refugee integration. Ibid.
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IV. RECOGNITION OF DUAL SIGNIFICANCE OF WORK IN PROTRACTED
EXILE: JUDICIAL ENGAGEMENT IN REINFORCING REFUGEES’ RIGHT TO
DEVELOPMENT
Asylum seekers’ and refugees’ right to development in protracted situations has gained judicial
recognition in several decisions. The decisions interpreted refugees and asylum seekers’
accessibility to employment through ‘dual value of work’ where a nexus had been constructed
between ‘personal economic development’ and ‘preservation of human dignity’.
44
The ‘dual value
of work’ was specifically reflected in the opinion of the Attorney General in KS and MHK v
International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate
General and RAT and DS v Minister for Justice and Equality. In this case, three applicants from
Bangladesh, Pakistan, and Iraq applied for international protection in Ireland between 2015 and
2018. The applicants were not allowed to access the labor market of Ireland as they were not
considered eligible applicants under the Dublin proceedings. The applicants challenged refusals
for their work permit, and the Court of Justice of the European Union (CJEU) addressed the issue
of their eligibility based on the preliminary references submitted by the High Court and the
International Protection Appeals Tribunal.
45
CJEU interpreted the point of exclusion by stating-
There is no doubt that, in the context of the forced nature of migration and the often traumatic
experiences associated with it, the refusal of an applicant to engage in any professional activity
may increase his or her vulnerability, the precariousness of his or her situation and, sometimes, the
isolation and social exclusion to which he or she is already subject, especially as the waiting period
may be several months. In that context, where a procedure for taking charge of an applicant or for
taking him or her back or, where appropriate, for transferring him or her has been initiated, that
applicant is ultimately in a more precarious situation than an individual who is not subject to such
procedures.
46
44
Cathryn Costello and Colm O’Cinneide, ‘The Right to Work of Refugees and Asylum-Seekers’, in Cathryn Costello,
Michelle Foster, Jane McAdam (eds), The Oxford Handbook of International Refugee Law (Oxford University Press,
2021).
45
KS and MHK v International Protection Appeals Tribunal, the Minister for Justice and Equality and the Advocate
General and RAT and DS v Minister for Justice and Equality, Joined Cases C-322/19 and C-385/19 (2021) Court of
Justice of the European Union, ECLI:EU:C:2021:11.
46
Ibid, para 85.
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The plight associated with prolonged stay in the host country eroding one’s self-worth was
addressed by the Irish Supreme Court in N.H.V. v. Minister for Justice & Equality and ors. In this
case, the applicant was a Burmese citizen who applied for refugee status in 2008. However, his
application was rejected, and the decision remained the same in judicial review. In 2013, he
received an offer of employment. However, the Minister of Justice and Equality did not allow him
to work, stating that Section 9(4) of the Refugee Act, 1996, restricts him from pursuing employment
in Ireland. The interpretation of section 9(4) was challenged by N.H.V. in the High Court and
sought a declaration regarding the incompatibility of the section with the Irish Constitution and
European Convention on Human Rights.
47
The Supreme Court found the complete bar on asylum
seekers access to employment to be contradictory with the Irish Constitution and observed:
…right to work at least in the sense of a freedom to work or seek employment is a part of the human
personality and ……individuals as human persons are required be held equal before the law, means
that those aspects of the right which are part of human personality cannot be withheld absolutely
from non-citizens.’
48
In this case, the applicant was in the system for more than eight years, and during that time was
prohibited from seeking employment. In my view, the point has been reached when it cannot be said
that the legitimate differences between an asylum seeker and a citizen can continue to justify the
exclusion of an asylum seeker from the possibility of employment. The damage to the individual's
self-worth, and sense of themselves, is exactly the damage which the constitutional right seeks to
guard against. The affidavit evidence of depression, frustration and lack of self-belief bears that
out.
49
The States are obliged to pronounce development oriented and well-being focused national
policies for the entire population, including each and every individual.
50
Their free, active, and
meaningful participation serves as a precondition for the formulation of such policies.
51
It is
important to note that the Declaration does not differentiate between nationals and non-nationals
in their entitlement to development initiatives, aligning with the above-mentioned judicial
observations. The Declaration emphasizes on the equality of opportunity ‘for all’ in their ‘access
to employment’ and considers such inclusivity as an important factor in the fulfillment of ‘all
47
Marie O'Reilly, ‘Direct Provision: The Implications of N.H.V. v Minister for Justice and Equality’ (2018) Trinity
College Law Review Online <https://trinitycollegelawreview.org/direct-provision-the-implications-of-n-h-v-v-
minister-for-justice-and-equality/> accessed 18 January 2026.
48
Mr N.H.V. had been in the process of asylum for a considerable amount of time. He sought temporary permission
to work during the asylum procedure, considering the length of the process. The case revealed his distressful and
demoralized state as he failed to engage in meaningful employment despite being in the direct provision system for
more than five years. N.H.V v. Minister for Justice & Equality and Ors (2017) IESC 35 (Ireland).
49
Ibid, para 20.
50
above note 24, Article 2.
51
Ibid.
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human rights’.
52
A similar inclusive perspective was endorsed in Minister of Home Affairs and
Others v Watchenuka and Others. In this case, the first respondent was a widow from Zimbabwe
who entered South Africa with her son, asserting that they fled due to political persecution.
Eventually, they were denied the permit to work and study in Cape Town. The respondent applied
to the Cape High Court for a declaration directing the appellants to allow her and her son to work
and study while their asylum application was being processed.
53
Scrutinizing the absolute
prohibition on asylum seekers’ right to work, the Supreme Court of Appeal of South Africa
observed:
But where employment is the only reasonable means for the person’s support, other considerations
arise. What is then in issue is not merely a restriction upon the person's capacity for self-fulfillment,
but a restriction upon his or her ability to live without positive humiliation and degradation. For it
is not disputed that this country, unlike some other countries that receive refugees, offers no State
support to applicants for asylum. …… Thus, a person who exercises his or her right to apply to
apply for asylum, but who is destitute, will have no alternative but to turn to crime, or to begging,
or to foraging….but only that the deprivation of the freedom to work assumes a different dimension
when it threatens positively to degrade rather than merely to inhibit the realization of the potential
for self-fulfillment.
54
In the case of GA. v. Director of Immigration, the Court of Final Appeal of the Hong Kong
Special Administrative Region addressed the protracted situations of applicants who had remained
in Hong Kong for a ‘prolonged period of time’.
55
In this case, the court sought to determine if the
Director of Immigration (DOI) could prevent applicants from exercising their constitutional right
to work on the ground of public policy who had remained in Hong Kong for more than four years.
56
The court observed that a minimum threshold of severity must be established to prove a case of
‘Inhuman or Degrading Treatment’ (IDT), and such could only be reached following the study of
individual facts, figures, and circumstances.
57
The burden of proving IDT will always lie on the
52
above note 24, Article 8(1) and 8(2).
53
Minister of Home Affairs and Others v. Watchenuka and Another (2003) ZASCA 142 (South Africa).
54
Ibid, para 32.
55
GA. v. Director of Immigration (2014) 17 HKCFAR 60 [6] (Hong Kong).
56
Ga, FI, and JA were mandated refugees. The fourth applicant, PA, was recognized as a ‘screened-in torture claimant’.
GA had been in Hong Kong for 10 years, FI had been staying there for 9 years, JA had been living in Hong Kong for
nearly 12 years, and PA had been staying there for over 13 years. GA, FI, and PA had received permission to work by
the DOI in 2013. However, the permission, not being an open ended one, would expire in 2014. The permission to
grant work permits was within the discretion of the DOI. While the DOI expressed the view that employment
permission could be granted when exceptional circumstances such as genuine risks of inhuman or degrading treatment
exist, however, the Director’s office was of the view that none of the applicants could demonstrate that they had been
exposed to such risks. Ibid, para 7.
57
Ibid, para 49.
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party who has claimed to have experienced it and must show a minimum scale of severity.
58
Not
allowing someone (being in a protracted situation) to work could lead to IDT when evidence
adduced by them sufficiently shows deterioration of mental health owing to unemployment,
desperation, destitution, and loss of human integrity.
59
Through this observation, the Court of Final
Appeal successfully constructs a nexus between persons’ right to work in protracted exile and
preservation of their human dignity, both of which represent integral components of right to
development.
The threshold of severity was also discussed in Regina v Secretary of State for the Home
Department
60
, the test which the asylum seekers in protracted circumstances must satisfy. If the
applicant experiences an immediate possibility to encounter grave suffering caused by the denial
of food, shelter, and other essential tools for survival, the applicant could have a legitimate claim
for IDT.
61
However, the test is not a conclusive one as some pivotal factors, such as the applicant’s
age, sex, mental and physical state, facilities made accessible to the applicant, must be evaluated
to determine the legitimacy of the threshold.
62
The court acknowledged that a simple test had not
been in existence to prove IDT, however, it required strong and persuasive evidence from asylum
seekers depicting a serious predicament to life, such as experiencing serious hunger, homelessness,
no accessibility to hygienic living conditions, and a lack of state assistance. In view of the court,
these illustrations satisfy the ‘requisite level of severity’.
63
The judicial observations offer two compelling dimensions regarding the plight experienced in
PRS. Firstly, a reasonable nexus has been constructed between refugees’ right to work and right to
development. The observations acknowledge the justifiable relation between the right to work and
recognition of self-worth in protracted situations. While affirming such development-oriented
notion, the evidentiary threshold of establishing gross violation of human dignity has been set so
high which appears to be tremendously difficult for affected individuals to corroborate such harm,
particularly in protracted situations. If refugees and asylum seekers are viewed as right-holders in
58
Ibid, para 50.
59
Ibid, para 54.
60
Regina v. Secretary of State for the Home Department (Appellant), Ex Parte Adam (FC) (Respondent); Regina v.
Secretary of State for the Home Department (Appellant), Ex Parte Limbuela (FC) (Respondent); Regina v. Secretary
of State for the Home Department (Appellant), Ex Parte Tesema (FC) (Respondent) (Conjoined Appeals), [2005]
UKHL 66.
61
Ibid, para 8.
62
Ibid.
63
Ibid, para 9.
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the context of development, they are bound to experience certain capacity gaps.
64
The gaps might
include a lack of education, skill, resources, security, constraints on free expression, and
participation in the host society.
65
It is also pertinent to note that, although the abovementioned
judicial observations established a nexus between individual asylum seekers’ right to work and
right to development in PRS, the same nexus may also be employed as recognizing right to
development in group-based contexts, especially considering that refugees’ right to work carries
importance for three fundamental reasons. Firstly, the right to work is a crucial right under
international human rights law and refugee law. Secondly, recognizing the right to work leads to
better socio-economic and psychological implication for refugees. Thirdly, right to work is
connected with the national development of host states and greater benefit for the international
community coupled with the possibility of reduced refugee movement.
66
Recognizing the de jure
and de facto right to work and development of refugees in group-based contexts during PRS is
neither unique in practical application nor in theoretical discourse. Right to work was recognized
as a de jure right of refugees in Uganda, demonstrating the nation’s well-established commitment
to refugees’ right to development. Ethiopia has moved towards recognizing the right to work of
refugees in group-based contexts by amending its legislation in 2019. Kenya does not recognize
de jure right to work, but recognition of refugees’ de facto right to work is prevalent in its Turkana
County.
67
Therefore, the nexus established by national and regional courts between asylum
seekers’ right to work and development during PRS is likely to assume broader implications in
group based contexts in the years to come, as multiple host states are demonstrating a growing
trend in recognizing refugees’ right to work, in law as well as in practice. However, it is important
to highlight that soft law obligations set out in the Declaration on the Right to Development and
embodied within SDGs gradually turn into binding obligations through states’ practices and
amended legislations, as identified in Ethiopia. Nevertheless, the non-binding force of SDGs and
the Declaration continues to shape policy measures in different states and possesses the strong
potential to grow into mandatory commitments in the future.
64
UNSDG, ‘Operationalizing Leaving no One Behind’ March 2022 <https://unsdg.un.org/resources/leaving-no-one-
behind-unsdg-operational-guide-un-country-teams> accessed 2 November 2025.
65
Ibid.
66
Alexander Betts and Olivier Sterck, ‘Why do states give refugees the right to work?’ (2022) 38(3) Oxford Review
of Economic Policy 514.
67
Ibid.
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V. THE ROLE OF LNOB PRINCIPLE AND SDGS IN RECOGNIZING THE
RIGHT TO WORK OF ROHINGYAS IN BANGLADESH: TO INCLUDE OR LEAVE BEHIND
IN PRS?
Leaving no one behind (LNOB) is a progressive commitment under the 2030 Agenda for
Sustainable Development and a visionary pledge associated with Sustainable Development Goals
(SDGs).
68
The United Nations has adopted the ‘reaching the poorest of the poor’ approach to
interpret LNOB.
69
LNOB strives to implement ideas similar to those enshrined within the
Declaration on the Right to Development, such as the progress of all individuals and the
population, ensuring equality, equity, and non-discrimination.
70
Persons are labeled as ‘left behind’
if their choices and opportunities, being limited, prevent them from meaningful participation in
society and thus continue to endure deprivation and disadvantages.
71
The LNOB principle is often interpreted through its three primary aims-to eliminate poverty
in all its forms, to put an end to marginalization and deprivation resulting in unequal distribution
in society, and to prioritize those who are the ‘furthest left behind’.
72
With the adoption of UN
SDGs, international actors are expected to implement the LNOB principle to eliminate
vulnerability and to ensure fair distribution of wealth across various strata of the society.
73
SDGs promote the right to development of refugees, in principle, through acknowledgement
of different goals and targets. SDG 1 aims at eliminating poverty in all forms by 2030 and
emphasizes on the access to basic services and natural resources by poor and vulnerable people.
74
68
above note 64.
69
UNICEF, ‘Water, Sanitation and Hygiene: A Guidance Note for Leaving No One behind ’
<https://www.unicef.org/documents/water-sanitation-and-hygiene-guidance-note-leaving-no-one-behind> accessed
2 November 2025.
70
The LNOB takes into account the unequal distribution of wealth, income, resources, social benefits, and
opportunities affecting one’s living conditions. LNOB aims at combatting inequality of opportunity, which focuses on
personal and social circumstances of individuals that obstruct them from developing their full potential in
disadvantageous situation. Ibid.
71
Women and girls, migrants, refugees, and internally displaced people, indigenous peoples, ethnic minorities, persons
with disabilities, older people, youth, people living in poverty, religious minorities, LGBTQI+ individuals, linguistic
minorities, persons who are homeless, people who are incarcerated are considered to be in disadvantageous situation
by UN Women and at risk to be left behind. Ibid.
72
Justice Mensah, Amos Mensah, and Aba Nyameyle Mensah, ‘Understanding and Promoting the ‘Leaving No One
Behind’ Ambition Regarding the Sustainable Development Agenda: A Review’ (2022) 11 Visegrad Journal on
Bioeconomy and Sustainable Development <https://doi.org/10.2478/vjbsd-2022-0002>.
73
Ibid.
74
Target 1.4 emphasizes the equal rights of the poor and vulnerable in exercising their right to ownership, control
over, and access to natural resources. The target implies that active economic participation is needed from the
vulnerable segment to eliminate all forms of poverty by 2030. The phrasing of the target underscores that the poor and
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The target reiterates the principles embodied within Articles 13 and 23 of the 1951 Refugee
Convention, allowing refugees to gain movable and immovable property and be entitled to public
relief and assistance.
75
Furthermore, the target embodies the principles of equal accessibility to
basic resources, equitable distribution of earnings, and initiation of social reforms to eliminate
social justice.
76
The targets under Goal 1 concentrate on the plight of poor and vulnerable exposed
to climate disasters,
77
aim at adopting gender-sensitive strategies.
78
Despite having timely
objectives, Goal 1 could not ensure refugees’ right to work in multiple host states, undermining
the LNOB principle.
79
The crisis that the Rohingya community encounter is twofold- they lack status as citizen
80
in
Myanmar (country of origin) and Bangladesh has yet to acknowledge their status as refugees.
81
UNHCR recognizes Rohingya as refugees and advocates for their global protection.
82
The crisis
has assumed a dual form as Rohingyas are unwanted both in Bangladesh and Myanmar.
83
As a
vulnerable are more susceptible to diverse forms of poverty. Thereby, meaningful participation from their end is
essential to achieve targets under Goal 1. UN Department of Economics and Social Affairs, ‘Goal 1’
<https://sdgs.un.org/goals/goal1#targets_and_indicators> accessed 3 November 2025.
75
Article 13 emphasizes favorable treatment for refugees, and acquiring movable and immovable property and
exercising associated rights with it. Additionally, refugees are entitled to the same treatment in relation to public relief
and assistance as extended to nationals. Convention Relating to the Status of Refugees, signed on 28 July 1951, 189
UNTS 137 (entered into force on 22 April 1954).
76
Ibid.
77
above note 74, Target 1.5.
78
Ibid, Target 1.b.
79
Failure to achieve SDG 1 is connected with insufficient employment prospects within host states. Host states’
incapacity to recognize refugees’ right to work has obstructed the fulfillment of SDG 1 in protracted situations. For
instance, Iraq, Lebanon, and Jordan chose not to recognize refugees’ right to work in PRS. As a result, refugees in
protracted situations keep searching for employment in informal sectors where they experience exploitative treatment
and minimal wages. Neo-slavery and neo-feudalism are also evident in host states where the right to work is not
recognized, as refugees are compelled to work within specific sectors associated with low pay and marginal labor
rights. Mai Wardeh and Rui Cunha Marques, ‘Measuring the SDGs in Refugee Camps: An Insight into Arab States
Bordering Syria’ (2023) 15 Sustainability 1720.
80
The Rohingyas, living in the Northern Part of Rakhine State for centuries, are considered to be the ethnic and
religious minority of Myanmar who have frequently been subjected to structural and cultural violence. Myanmar
denied their citizenship and labeled the Rohingya as possessing illegal status in Rakhine. Such a stigmatizing tag has
accelerated the deprivation of civil, political, and economic rights of Rohingyas in Rakhine. Saleh Ahmed et al., ‘The
Sustainability–Peace Nexus in Crisis Contexts: How the Rohingya Escaped the Ethnic Violence in Myanmar, but Are
Trapped into Environmental Challenges in Bangladesh’ (2021) 16 Sustainability Science 1201.
81
The Rohingyas sought refuge in Bangladesh to escape persecution since the latter half of the 20
th
century. The mass
violence of 2017 led to a large influx of Rohingyas in Bangladesh, and since then, the number of their arrivals has
been increasing. Despite the obvious instance of persecution, Bangladesh chose to categorize Rohingyas as Forcibly
Displaced Myanmar Nationals (FDMNs). Anas Ansar and Abu Faisal Md. Khaled, ‘From Solidarity to Resistance:
Host Communities’ Evolving Response to the Rohingya Refugees in Bangladesh’ (2021) 6 Journal of International
Humanitarian Action 16.
82
Ibid.
83
‘Rohingya’, as a word, is considered to be a taboo in the capital of Myanmar, Yangon. The social stigma has spread
across Myanmar mostly because of the non-inclusive policies from the government. The government has deliberately
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host state, Bangladesh has failed to provide sufficient protection to the Rohingyas who are
currently living in a protracted situation. The government has enforced strict restriction on their
movement and prohibits them to seek employment outside designated camp areas. Consequently,
a vast number of Rohingya women are involved in the sex trade. Furthermore, as some Rohingyas
attempted to seek low wage employment outside camp areas, it has escalated resentment among
the host community.
84
The plight of Rohingyas reinforces that international state and non-state
actors have failed them countless times, leading to protracted vulnerability.
85
Although Bangladesh, being a host state, is expected to implement SDG 8 and secure inclusive
and sustainable economic participation of Rohingyas, it appears that Rohingyas are still left behind
due to inadequate support from international actors, specifically from countries within the same
region.
86
Myanmar’s strong diplomatic ties with Russia, China, and India for economic purposes
have resulted in passive support in favor of Myanmar although compelling evidence reveals that
acts of genocide have taken place in Rakhine.
87
As a result, Bangladesh ends up bearing the
disproportionate burden and fails to implement SDGs 1 and 8.
The reason why Bangladesh failed to recognize the Rohingya’s right to work, and consequently
their right to development, may be understood through the lens of securitization. According to the
findings of the Copenhagen School of Security Studies, security could be interpreted as an ‘act’
targeting a particular issue as an urgent threat which must be dealt with extraordinary measures.
chosen not to recognize Rohingyas and purposefully excluded them from the process of national and ethnic
recognition. For instance, the National Museum of Myanmar preserves a record of all sub-nationalities and classifies
them based on their linguistic heritage. But the museum collection makes no reference to Rohingyas or to their
linguistic affiliation. Akm Ahsan Ullah, ‘Rohingya Refugees to Bangladesh: Historical Exclusions and Contemporary
Marginalization’ (2011) 9 Journal of Immigrant & Refugee Studies 139.
84
Ibid.
85
The failure can be attributed to the overly rigid interpretation of the term ‘Genocide’ to understand if asylum seekers
had experienced it or not, and thus explain their statelessness under the guise of ethnic cleansing. The ‘never again’
commitment embraced after the Second World War failed in Cambodia, Rwanda, Bosnia, Burundi, the former
Yugoslavia, Darfur, East Timor, Afghanistan, Iraq, Syria, and, most recently, Myanmar. Myanmar has excluded
Rohingyas from the 2015 census and labeled them as ‘illegal Bengalis’, trying to justify the persecution. Additionally,
the prohibition imposed by Myanmar restricting the entry of UN Fact-finders in Rakhine, while Russia and China use
a Veto in the Security Council, preventing all sorts of humanitarian intervention in Myanmar, will compel the
Rohingyas in Bangladesh to live in prolonged uncertainty. Pal Ahluwalia and Miller Toby, ‘The Rohingya Crisis:
Another Failure of the International System’ (2018) 24 Social Identities 291.
86
The participation from the international community has been selective in addressing the acts of genocide perpetrated
by Myanmar’s junta. Myanmar keeps a strong diplomatic tie with Russia, China, and India. Sharing the border with
China and India’s Act East Policy has gained Myanmar support from this region and has received no diplomatic
intervention. Md Riday Howlader, Jakiatun Nesa, and Mainul Islam, ‘The Rohingya Crisis in Bangladesh: Challenges
and Prospects’ (2025) 3 Discover Global Society 103.
87
Ibid.
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Such a threat could be found in economic, political, environmental, and societal sectors.
88
It
involves a perception which transforms ordinary matter into grave emergency situations,
restructuring global priorities in an interconnected world.
89
Denying Rohingyas of inclusive and
sustainable participation under the guise of security is prevalent in Bangladesh. Rohingyas are
considered as a ‘challenge’ to existing political-administrative institutions.
90
According to the data
from the Population Council, employment opportunities are scarce for Rohingya youth in
Bangladesh. Although work opportunities are higher outside the camp, they are specifically
preserved for males.
91
Lack of accessibility to equal work opportunities, restricted access to
information, location of camps in disaster prone areas, regular encounter with floods, landslides
have made the Rohingyas environmentally vulnerable and compelled them to be involved with
organized crimes.
92
These factors have prompted the government of Bangladesh to marginalize the
Rohingya community, limit their participation in the domestic economy, and obstruct the timely
achievements on SDG targets. The current situation raises a critical question: how can Bangladesh
adopt development-based approach addressing the Rohingya people in the absence of the
ratification of the 1951 Refugee Convention, and on which grounds the country can be held
accountable for not implementing the Declaration on the Right to Development and the SDGs
when they primarily set forth soft law commitments?
88
Titilayo Aishat Otukoya, ‘The Securitization Theory’ (2024) 11 International Journal of Science and Research
Archive 1747.
89
The ‘securitization’ mindset triggers a genuine concern for potential threats and superficially creates challenges
deteriorating ‘Order’ in a given society. The idea of securitization persuades states to adopt exceptional measures,
ignore ordinary political measures, and employ full force against elements considered to be a threat to the state’s
‘order’ and ‘survival’. Ibid.
90
Siegfried O. Wolf, ‘The Rohingyas Crisis: A Security Perspective from Bangladesh’ FID4SA Repository (2015)
https://doi.org/10.11588/xarep.00003481, accessed 8 November 2025.
91
The young Rohingya are primarily involved in day labor, masonry, paramedical tasks, and small businesses inside
the camp. Tasks of tutoring and tailoring are usually accessible to female Rohingya. Additionally, young Rohingyas
are given the opportunity to work with NGOs. However, that opportunity is scarce and severely restricted to males.
Md Noorunnabi Talukder et al., ‘Assessment of Economic Opportunities for Young Rohingyas in Bangladesh’
Knowledge Commons (2022) <https://doi.org/10.31899/sbsr2022.1032>.
92
Along with these vulnerabilities, differential treatment continues to exist in the Rohingya camp as some of them
received refugee status, but many are still registered as ‘displaced Myanmar Nationals’. ANM Zakir Hossain,
‘Sustainable Development and Livelihoods of Rohingya Refugees in Bangladesh: The Effects of COVID-19’ (2021)
16(6) International Journal of Sustainable Development and Planning 1141.
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VI. APPLICABILITY OF THE 1951 REFUGEE CONVENTION, SDGS, AND
LNOB PRINCIPLE IN BANGLADESH: NORMATIVE UNCERTAINTY ARISING FROM
SOFT LAW COMMITMENTS AND ABSENCE OF RATIFICATION
Articles 15 and 17 of the 1951 Refugee Convention recognize refugees’ right to work, thereby
reinforcing the principles of right to development and sustainable development.
93
Article 15
recognizes the right to form trade unions by refugees having lawful status. Article 17 manifestly
addresses the protracted situation by stating that restrictions on the right to work will not be
imposed on refugees who have completed three years residence in the country.
94
Bangladesh is not
a signatory to the 1951 Refugee Convention and the 1967 Refugee Protocol. There is no specific
domestic law or policy in Bangladesh that deals with refugees or displaced persons experiencing
a protracted situation.
95
However, some fundamental rights embodied within the Constitution of
Bangladesh are accessible to all citizens and non-citizens. As a result, the Rohingyas are entitled
to right to life and personal liberty under Article 32, safeguards as to arrest and detention under
Article 33, protection from forced labor under Article 34, due process in trial and punishment under
Article 35, right to free thought and conscience under Article 39(1), freedom of religion under
Article 41, and implementation of fundamental rights under Article 44 of the Constitution.
96
It should be noted that the Refugee Convention lays down four criteria to determine refugee
status: 1) the concerned person must be outside the territory of country of origin; 2) the person is
unable or unwilling to return to the country of origin or unable to avail protection from country of
origin; 3) Such inability or unwillingness is linked to well-founded fear of persecution; 4) race,
religion, nationality, membership of a particular social/political group.
97
Although the Bangladesh
Government has adopted a Rohingya Refugee Strategy in 2013 to meet the basic needs of
93
Both of these articles emphasize the participation of refugees in the host community through the exercise of freedom
of association and access to wage earning employment. The wording of the articles demonstrates the elements of
inclusiveness and a participatory process. ‘The 1951 Refugee Convention and 1967 Protocol relating to the Status of
Refugees’ <https://www.unhcr.org/media/1951-refugee-convention-and-1967-protocol-relating-status-refugees>
accessed 19 January 2026.
94
‘Convention Relating to the Status of Refugees’ (OHCHR) <https://www.ohchr.org/en/instruments-
mechanisms/instruments/convention-relating-status-refugees > accessed 8 November 2025.
95
Manzoor Hasan and Arafat Reza, ‘Evaluating Bangladesh’s Legal Framework for Rohingya Refugees: Gaps and
Solutions’ EJIL: Talk!, 10 January 2025 <https://www.ejiltalk.org/evaluating-bangladeshs-legal-framework-for-
rohingya-refugees-gaps-and-solutions/> accessed 8 November 2025.
96
Ibid.
97
above note 93.
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Rohingya arrived in Bangladesh following the third wave of Rohingya influx, the government
officials are reluctant to use the term ‘refugee’ and emphasize more on using ‘undocumented
Myanmar nationals’. In 2020, a compromise was reached through a Joint Response Plan (JRP)
with Donor Agencies in labeling the Rohingya Asylum Seekers as refugees/forcefully displaced
Myanmar Nationals.
98
The compromise reflected through JRP suggests that Bangladesh adopted
the criteria of the 1951 Refugee Convention in addressing the Rohingyas fleeing from Myanmar,
despite not having ratified the Convention. Bangladesh does not have a definite Refugee Status
Determination (RSD) mechanism, and recognizing refugees’ basic rights become increasingly
challenging not having the ratified the 1951 Convention. Consequently, Bangladesh is not legally
obligated to enforce Articles 15 and 17 of the 1951 Refugee Convention. Non-enforcement of
Articles 15 and 17 of the 1951 Refugee Convention will prevent Rohingyas in Bangladesh from
exercising their de jure right to work, resulting in increased hardship during PRS.
The existing vacuum may be filled through obligations arising from key international
instruments, domestic laws and policies, and Bangladesh’s approach in addressing the crisis to
date. It is important to note here that obligations emerging from the Declaration on the Right to
Development, SDGs, and LNOB agenda are soft law commitments that do not lead to enforceable
obligations. The commitments under soft law and hard law can be viewed from three different
perspectives-positivism, rationalism, and constructivism. While these three views identify that
commitments under soft law instruments and hard law instruments complement each other; their
starting points do not align.
99
In line with the positivist view, hard law and soft law obligations
offer a binary interpretation. Hard law imposes formal, binding obligations while soft law provides
informal, non-binding commitments. However, legal positivists do not rule out the possibility of
transforming soft law commitments into mandatory obligations at some point in the future. From
a rationalist perspective, hard and soft law possess varied attributes, and states choose these traits
depending on specific contexts.
100
According to this view, soft law emerges when existing legal
schemes fail to offer precise content while leaving the obligations to the complete discretion of
parties to such legal arrangements. Rationalists also identify a vacuum in authority to which the
98
ASM Ali Ashraf, ‘Humanitarianism, National Security, and the Rohingya Refugee Policy of Bangladesh’ (2021) 45
Strategic Analysis 184.
99
Gregory C Shaffer and Mark A Pollack, ‘Hard vs. Soft Law: Alternatives, Complements, and Antagonists in
International Governance’ (2009) 94 Minnesota Law Review 706.
100
Ibid.
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duty of monitoring could be designated, ensuring the proper implementation of existing legal
frameworks.
101
Constructivist scholars question the strict categorization of ‘hard law’ and ‘soft
law’ as too much distinction implies difficulty in enforcing legal frameworks. Constructivists find
such a distinction unnecessary, as international law can change shared interests among states
through persuasion, interaction, and deliberation.
102
From this point of view, ideas presented by
constructivists and positivists coincide as both of these schools identify the possibility of soft law
obligations transforming into hard law commitments even though disagreements may lie in the
methods by which the transformation is achieved.
Analyzing the views of three schools on hard and soft law commitments, it is evident that
Bangladesh cannot be compelled to recognize the Rohingya’s right to development in line with the
Declaration on the Right to Development and to implement the SDGs and the LNOB principle.
The Declaration and UN Agendas/Principles do not possess any attribute of binding nature.
Drawing the elements from the Rationalist school on soft law commitments, it may therefore be
concluded that no designated authority exists in Bangladesh to monitor compliance with the
Declaration on the Right to Development, the SDGs, and the LNOB principle. Lack of a competent
supervisory body and well-articulated future oriented goals and aspirational benchmarks by SDGs
and Declaration on Right to Development reaffirm the key tenets of the legal positivists school
that a rigid classification does exist while labeling hard and soft law obligations. Obligations that
emerge in the form of promising guidance fail to offer mandatory enforcement as required by hard
law commitments under international law. The question therefore, remains if Bangladesh could be
compelled to enforce right to work of Rohingya people complying with Deceleration on Right to
Development, SDGs and LNOB principle. Scholars from positivist and constructivists have
identified the possibility of soft law commitments transforming into hard law obligations through
interaction and state practice in due time. While Bangladesh currently cannot be compelled to
realize the principles of the Declaration on the Right to Development, the SDGs, and LNOB,
growing judicial and political trends in recognizing refugees’ right to work are likely to shape
future developments significantly. The global endorsement of SDGs and the LNOB principle
should serve as a continuous impetus for Bangladesh in revising its internal policy framework on
101
Gregory Shaffer, Mark A. Pollack, ‘Hard and Soft Law: What Have We Learned? ’ May 2012,
<https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2044800 >accessed 12 March, 2025.
102
Ibid.
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the Rohingya’s right to work, particularly where voluntary repatriation is not feasible in the
immediate future. Therefore, what today may seem as an informal and non-binding obligation for
Bangladesh may turn into a formal, binding commitment in the future as suggested by ongoing
judicial developments and states being actively engaged in framing internal policy in line with UN
Declarations and agendas.
103
Not being a party to the Refugee Convention, Bangladesh is not bound to enforce Articles 15
and 17 of the Convention. This creates a legal uncertainty and vacuum surrounding the right to
work of the Rohingyas in Bangladesh. However, an obligation for Bangladesh to uphold the rights
of refugees exists independently of ratification of the 1951 Refugee Convention. Right to work is
recognized as a fundamental human right embodied within Article 23 of the Universal Declaration
of Human Rights (UDHR). It is also known to be the most important socio-economic right, as
access to work is essential to maintain the livelihoods of individuals and their families.
104
The
preamble of the ILO Constitution states that social justice could bring universal and lasting peace
while identifying the interdependence between labor conditions, social justice, and world peace.
ILO had already completed the drafting process of 86 conventions recognizing labor rights when
the UDHR was adopted by the General Assembly in 1948.
105
Bangladesh is reflecting adherence
with article 14(1) of the Universal Declaration of Human Rights (1948), which states that
‘Everyone has the right to seek and to enjoy in other countries asylum from persecution’.
106
The
observance with UDHR may generate soft law obligations leading to policy guidance at best as
discussed above, however; Bangladesh needs to embrace hard law obligations concerning right to
work for all, being a signatory to the International Covenant on Economic, Social and Cultural
103
Germany has adopted the German Sustainable Development Strategy to achieve 17 SDGs by transforming different
tenets of the economy and society. The Federal Government also passed the Climate Protection Act in 2013 to fulfill
the goals under SDG 13. In the same manner, Serbia has developed a Sustainable Development Cooperation
Framework with the United Nations to shape the future of Serbia, achieving long-term goals with the aid of UN
agencies. The Federal Government, ‘ Germany’s National Sustainable Development Strategy’
<https://www.bundesregierung.de/breg-en/federal-government/germany-s-national-sustainable-development-
strategy-276504> accessed 12 March 2026; UNDP, ‘Legal Framework’ <https://www.undp.org/serbia/legal-
framework> accessed 12 March 2026.
104
Petter Aasheim, ‘The Palestinian Refugees and the Right to Work in Lebanon’ (2000) Graduate Thesis, University
of Lund <https://scispace.com/pdf/the-palestinian-refugees-and-the-right-to-work-in-lebanon-1cqdk6tt8r.pdf>
accessed 12 March 2026.
105
Ibid.
106
United Nations General Assembly, Universal Declaration of Human Rights, 10 December 1948
<https://www.un.org/en/about-us/universal-declaration-of-human-rights> accessed 20 January 2026.
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Rights (ICESCR).
107
The right to decent work embodied within article 23(1) in UDHR embraces
binding force under Articles 6 and 7 of ICESCR. Article 6 of the ICESCR recognizes the idea of
gaining a livelihood through voluntary choice of work. Article 7 obliges states to ensure just and
favorable working conditions for all eliminating distinction of every kind. Article 6 recognizes the
sense of individual dignity, need for personal development, and social and economic inclusion
through freely chosen work.
108
ICESCR also identifies ‘decent work’ as work mentioned in Article
6 of the convention and considers the right to a safe workplace and fair remuneration as
fundamental rights upon which depend the physical and emotional integrity of all individuals.
109
Bangladesh, being a signatory to ICESCR, must make all reasonable and timely attempts to fulfill
its obligation under Article 6. The right to decent work extends to all within the territory of
Bangladesh. The country must take into account the interdependence of certain elements, namely
i) availability of specialized services enabling individuals to find suitable employment; ii)
accessibility to an open labor market free from discrimination of all kinds and on every prohibited
ground; iii) acceptability concerning voluntary choice of work, right to a safe workplace, and to
form trade unions.
110
These obligations under Article 6 of the ICESCR must not be considered as
informal, non-binding obligations. Although Article 2(1) of ICESCR supports progressive
realization of ESC rights in view of resource constraints and potential need for international
assistance of varied dimension, it does not imply that obligations largely remain unfulfilled.
111
Certain obligations under ICESCR require immediate measures, and are subject to the principle of
non-regression. Obligations requiring immediate measures concentrate on fulfilling minimum core
duties. Minimum core obligations under Article 6 include ensuring access to employment for
disadvantaged and marginalized population, eliminating all forms of discrimination and unfair
treatment likely to be experienced by disadvantaged groups, and adopting national plans, policies,
and strategies intended for the protection of all workers through a participatory process.
112
Therefore, being a signatory to ICESCR, Bangladesh must comply with minimum core
107
United Nations Treaty Collection, <https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-
3&chapter=4> accessed 15 March 2026.
108
UN Economic and Social Council, Committee on Economic, Social and Cultural Rights, 35th Session, UN Doc
E/C.12/GC/18, 24 November 2005, para 18.
109
Ibid.
110
Ibid.
111
Ibid.
112
Ibid.
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entitlements intended for refugees under Article 6 of the convention as they fall within the category
of disadvantaged groups experiencing barriers to employment in PRS.
Since Bangladesh has adopted a dualist approach towards international law, compliance with
international law is achievable when it aligns with the municipal law.
113
Bangladesh’s commitment
in embracing international law within the domestic legal system can be located under Article 25
of the Constitution. Article 25 lays down the pledge to respect international law and principles
within the UN Charter.
114
The Supreme Court of Bangladesh particularly dissected the dualist
approach of Bangladesh towards international law and preserved the supremacy of municipal law.
As observed by Bimalendu Bikash Roy Choudhury J in Hussain Muhammad Ershad v.
Bangladesh.
115
:
True it is that the Universal Human Rights norms, whether given in the Universal Declaration or in
the Covenants, are not directly enforceable in national courts. But if their provisions are incorporated
into the domestic law, they are enforceable in national courts. The local laws, both constitutional
and statutory, are not always in consonance with the norms contained in the international human
rights instruments…. But in the cases where the domestic laws are clear and inconsistent with the
international obligations of the state concerned, the national courts will be obliged to respect the
national laws, but shall draw the attention of the law-makers to such inconsistencies.
Although Bangladesh is not a party to the 1951 Refugee Convention and the 1967 Protocol, its
obligation towards international law could stem from customary international law
116
and from the
vacuum in municipal law, addressing the rights and obligations of refugees.
117
The Supreme Court
of Bangladesh has recognized the government of Bangladesh’s obligation to comply with
customary international norms by stating-
We can take judicial notice of the fact that Rohingyas are now being persecuted in Myanmar,
and by that reason, hundreds of thousands of Rohingyas have entered into Bangladesh illegally in
order to save themselves from being persecuted and tortured at the hands of law-enforcing
apparatus of Myanmar. At this stage, a pertinent question arises as to whether Bangladesh is a
signatory to the 1951 Refugee Convention. Bangladesh, it is asserted on behalf of the petitioner,
113
Jobair Alam, ‘The Status and Rights of the Rohingya as Refugees under International Refugee Law: Challenges
for a Durable Solution’ (2021) 19 Journal of Immigrant & Refugee Studies 128.
114
Constitution of Bangladesh, Article 25.
115
Ershad v. Bangladesh (2001) 21 BLD (AD) 69.
116
above note 114.
117
Since there is no municipal law in Bangladesh contradicting existing international obligations towards refugees, it
may be inferred that Bangladesh will adhere to relevant international principles given the vacuum in domestic law on
this particular matter. ‘Bangladesh’s Judicial Encounter with the 1951 Refugee Convention’ Forced Migration Review
<https://www.fmreview.org/issue67/hossain/> accessed 8 November 2025.
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is not a signatory to this Convention of 1951. If it is so, then what will be the implication of Article
33 of that Convention in relation to the detenue? Though Bangladesh has not formally ratified the
Convention relating to the Status of Refugees, yet all the refugees and asylum seekers from scores
of countries of the world to other countries have been regulated by and under this Convention for
more than 60 (sixty) years. This Convention by now has become a part of customary international
law, which is binding upon all the countries of the world, irrespective of whether a particular
country has formally signed, acceded to or ratified the Convention or not.
118
While identifying that Bangladesh has not ratified the 1951 Refugee Convention and the 1967
Protocol, insights have already been shared by UN agencies in developing the economic and social
life of refugees, however, the government refused to implement the initiatives, considering them
‘a pull factor of Rohingya into Bangladesh’.
119
In the absence of a concrete national policy
governing refugees and stateless persons in conjunction with concerns that development-driven
policies might serve as pull factors will perpetuate the protracted situation. Such an approach will
inevitably undermine prospects of sustainable growth and development intended for the Rohingyas
and contradicting the essence of the LNOB principle. Exploring the soft and hard obligations under
existing international instruments, it is reasonable to conclude that Bangladesh must comply with
duties embodied under Article 6 of ICESCR. While the right to development or aspirations set
forth under SDGs and LNOB principle largely remain as soft law commitments, Bangladesh
should focus on emerging judicial trends and state practices embracing these non-binding
obligations. The soft law commitments are undergoing a gradual shift towards hard law
undertakings, and Bangladesh must recognize that its future policy formulation must be guided by
these present-day soft law obligations.
VII. POLICY RECOMMENDATIONS
Bangladesh, being a host state, has indeed taken some significant steps, and it would be
inaccurate to assert that policy measures have never addressed the plight of the Rohingyas.
Bangladesh is a member state of the Executive Committee of the High Commissioner’s
118
Refugee and Migratory Movements Research Unit (RMMRU) v. Government of Bangladesh (Writ petition no.
10504 of 2016, High Court Division, Supreme Court of Bangladesh, 31 May 2017).
119
UN High Commissioner for Refugees (UNHCR), ‘UNHCR Submission for the Universal Periodic Review –
Bangladesh – UPR 15th Session (2013).
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Program.
120
Bangladesh demonstrates a sufficient interest in responding to the plight of refugees
by sending representatives to the Executive Committee consistently.
121
However, the crisis has
turned into a protracted humanitarian emergency, which calls for sustainable measures to be
adopted by the host state and international actors.
The private sector should assume an instrumental role in ensuring SDGs for all refugees in a
protracted situation. Businesses can draw talent from an expanded labor pool, create feasible
opportunities of employment, and recognize potential skills and resources.
122
This inclusive
approach will lead to self-sufficiency of refugees in a protracted situation
123
and facilitate to
achieve ‘no poverty’ and ‘decent work for all’, consistent with SDG 1 and 8.
Involving refugees in technology-driven labor market will be beneficial for the host
community and refugees in PRS. If such a digital labor industry can be created globally, refugees
will not have to compete with nationals from the host community, and concerns that they could
limit local economic avenues will no longer be an issue.
124
Host states and international actors
should act jointly in developing skills among refugees in PRS to simply their access to the digital
economy.
125
Bangladesh, as a host state, must explore opportunities globally and facilitate labor
migration for the Rohingyas. For instance, the Talent Beyond Boundaries (TBB) is a labor
migration program that conducts labor movement of Syrian refugees in Lebanon and Jordan on a
small scale and sends them to Australia and Canada.
126
Bangladesh could take similar initiatives
and consider GCC states, Japan, and South Korea as potential destinations.
Host communities should be more proactive in ensuring refugees’ right to work in PRS as this
prolonged crisis in an exceptional circumstance requiring the development and self-sufficiency of
120
UNHCR, ‘Background on Executive Committee’ 1 July 2001 <https://www.unhcr.org/publications/background-
executive-committee> accessed 10 November 2025.
121
Naureen Rahim, ‘Bangladesh and the 1951 Refugee Convention’ Refugee Law Initiative Blog, 6 February 2023
https://rli.blogs.sas.ac.uk/2023/02/06/bangladesh-and-the-1951-refugee-convention/ accessed 10 November 2025.
122
Allison Grossman and Lauren Post, ‘Missing Persons: Refugees Left Out and Left Behind in the Sustainable
Development Goals’ Joint Data Center on Forced Displacement , September 2019
<https://www.jointdatacenter.org/literature_review/missing-persons-refugees-left-out-and-left-behind-in-the-
sustainable-development-goals/> accessed 10 November 2025.
123
Ibid.
124
Andhira Yousif Kara et al., ‘Inclusive and Dignified Digital Work: Linking Markets and Displaced People’ Forced
Migration Review, April 2024, https://www.fmreview.org/digital-disruption/kara-charles-gonzales-ucak/ accessed 10
November 2025.
125
Ibid.
126
Mahreen Khan and Helen Dempster, ‘Sharing Responsibility for the Rohingya Crisis: What Role Can Labor
Mobility Agreements Play?’ Center for Global Development , 10 December 2019
<https://www.cgdev.org/publication/sharing-responsibility-rohingya-crisis> accessed 10 November 2025.
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refugees. Refugees are capable of inventing creative ideas and acting as economic agents within
the host country’s economy.
127
If the value and entrepreneurial potential of refugees are recognized
by host states, they will not be considered as an ‘economic burden’ anymore and break free from
intergenerational poverty.
128
However, recognizing refugees as a potential contributor to the
economy will require collaborative effort at the regional level. For instance, the ‘Common Market’
model adopted by the East African Community (EAC) promotes the right to free movement of
workers, the right to residence, and the right of establishment. Such a regional initiative brings the
LNOB principle into application and facilitates the realization of all SDGs.
129
Being a host state, Bangladesh should promote emotional well-being combined with
employment opportunities intended for the Rohingyas.
130
Adoption of such a policy is essential to
realize their right to development and to empower them socially and psychologically. Besides, paid
livelihood opportunities bring psychological satisfaction, which cannot be ensured through social
protection programs.
131
Finally, Bangladesh ought to reflect on acceding to the 1951 Refugee Convention and 1967
Protocol to ensure the right to work of refugees in PRS and facilitate durable solutions.
132
Bangladesh should also adopt a domestic refugee policy laying down asylum seeking and refugee
status determination procedures. It has also been recommended by UNHCR that refugees in PRS
be granted freedom of movement and the right to work to ensure access to essential services.
133
Such initiatives will help the Rohingyas to realize their right to development and gain from the
outcomes of the SDG targets.
VIII. CONCLUSION
The evidence suggesting injustice experienced by refugees is compelling and has triggered a
grave humanitarian concern. Being born with the wrong social identity and flight from the place
127
Matai Muon, ‘Flipping the Narrative: Let Refugees Be Economic Contributors’ The New Humanitarian, 9 March
2023 <https://www.thenewhumanitarian.org/first-person/2023/03/09/flipping-narrative-let-refugees-be-economic-
contributors> accessed 10 November 2025.
128
Ibid.
129
‘Common Market’ <https://www.eac.int/common-market> accessed 10 November 2025.
130
UNHCR, ‘Bangladesh Policy Brief: The Impact of Livelihood Activities among Rohingya Refugees’
<https://www.unhcr.org/media/bangladesh-policy-brief-impact-livelihood-activities-among-rohingya-refugees>
accessed 10 November 2025.
131
Ibid.
132
above note 120.
133
Ibid.
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which should have been a safe haven mark the refugees as entitled to international protection.
134
The obligations to provide such protection should be distributed more extensively and reasonably
among international communities.
135
Certain indicators, such as the total refugee population in the
host state, refugee populations compared to host state populations, number of refugees compared
to the wealth of the host state, should be taken into account while sharing the burden fairly.
136
The
states should extend their help in resettling refugees in PRS in a third country from the first country
of asylum, reinforcing the expression of ‘international solidarity’.
137
Refugee communities living
in PRS, such as the Rohingyas, cannot be safeguarded from protracted suffering if the
‘unsustainable refugee system’ continues to persist.
138
Placing a burden on poorer nations such as
Bangladesh is an example of bearing disproportionate responsibility. To ensure the Rohingyas’
development and right to work, the structure of burden sharing should be reassessed from a
regional and global perspective. In parallel, a rigid perception towards the Rohingyas should be
reformed. They should be perceived as assets and not a burden to the host or international
community.
139
The transformed perspective, along with Bangladesh’s readiness to implement
obligations under soft and hard law instruments of international law, will facilitate the Rohingya
community’s self-progress and ensure no one is left behind, regardless of race, ethnic identity, and
nationality.
_
134
Peter H Schuck, ‘Refugee Burden-Sharing: A Modest Proposal’ (1997) 22 Yale Journal of International Law 243.
135
Ibid.
136
James Milner, ‘When Norms Are Not Enough: Understanding the Principle and Practice of Burden and
Responsibility Sharing for Refugees’ Center of International Governance Innovation, 8 December 2016
<https://www.cigionline.org/publications/when-norms-are-not-enough-understanding-principle-and-practice-burden-
and/> accessed 11 November 2025.
137
Ibid.
138
Michael M. Doyle, Janine Prantle, and Mark Wood, ‘The World’s Refugee System Needs to Be Made Responsible’
Carnegie Council for Ethics in International Affairs , 20 June 2021
<https://www.carnegiecouncil.org/media/article/the-worlds-refugee-system-needs-to-be-made-responsible> accessed
11 November 2025.
139
World Refugee and Migration Council, ‘Assessing the Impacts of Hosting Refugees - Research Paper No. 4’ 28
August 2018 <https://zunokscx.elementor.cloud/publications/research-paper/assessing-the-impacts-of-hosting-
refugees-research-paper-no-4/> accessed 11 November 2025.