This chapter explores the legal, political, and historical foundations of the statelessness of Rohingya children in Bangladesh. It traces the roots of their dispossession from colonial Burma through postcolonial Myanmar’s nation-building processes, marked by ethnic exclusion, restrictive citizenship laws, and militarised repression. The analysis focuses on how the shift from jus soli to jus sanguinis, particularly through the 1982 Citizenship Law, has rendered Rohingya children as de facto and de jure stateless individuals. The chapter critically assesses their condition in Bangladesh, where, despite hosting the largest Rohingya population globally, the state does not recognise them as refugees. The Rohingya children live in a condition of protracted precarity, denied birth registration, identity documentation, access to formal education, and the rights enshrined under the UN Convention on the Rights of the Child. The chapter interrogates the gap between international legal instruments and domestic jurisdiction, especially in non-signatory states such as Bangladesh, and analyses the contradictions inherent in the principle of non-refoulement. It concludes by emphasising that justice for Rohingya children must move beyond humanitarianism to address structural statelessness, legal invisibility, and the violence of deterritorialised identity.

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Citizenship, Nationality, and Rights: Rohingya Children in Bangladesh

  • Sreetapa Chakrabarty

摘要

This chapter explores the legal, political, and historical foundations of the statelessness of Rohingya children in Bangladesh. It traces the roots of their dispossession from colonial Burma through postcolonial Myanmar’s nation-building processes, marked by ethnic exclusion, restrictive citizenship laws, and militarised repression. The analysis focuses on how the shift from jus soli to jus sanguinis, particularly through the 1982 Citizenship Law, has rendered Rohingya children as de facto and de jure stateless individuals. The chapter critically assesses their condition in Bangladesh, where, despite hosting the largest Rohingya population globally, the state does not recognise them as refugees. The Rohingya children live in a condition of protracted precarity, denied birth registration, identity documentation, access to formal education, and the rights enshrined under the UN Convention on the Rights of the Child. The chapter interrogates the gap between international legal instruments and domestic jurisdiction, especially in non-signatory states such as Bangladesh, and analyses the contradictions inherent in the principle of non-refoulement. It concludes by emphasising that justice for Rohingya children must move beyond humanitarianism to address structural statelessness, legal invisibility, and the violence of deterritorialised identity.