Revisiting the Obligations of Contracting and Non-Contracting States to the 1951 Refugee Convention in Light of Rohingya Refugee Crisis & Non-Refoulement

Abstract

Rohingya refugees are one of the most discriminated and persecuted minorities in the contemporary world. The 2017 mass exodus of Rohingya in Myanmar forced approximately 700,000 Rohingyas to flee Myanmar and take shelter in neighboring countries. At present, Bangladesh is hosting majority of Rohingya refugees. Thousands of Rohingya refugees are taking refuge in other contracting and non-contracting states of the 1951 Refugee Convention. This makes it important to reflect on the protection mechanism available to refugees. This thesis examines the root cause of Rohingya refugee crisis by examining the postcolonial laws in Myanmar that led to one of the biggest refugee crisis facing the contemporary world. Drawing on the Rohingya refugee crisis, this thesis will explore the protection mechanism available to refugees. In doing so, the thesis adopts a comparative legal analysis of contracting and non-contracting states of the 1951 Refugee Convention, with an intent to reveal whether refugee protection mechanism is better in contracting states as compared to the non-contracting states of the 1951 Refugee Convention.