Can Bangladesh Engage the Arakan Army Without Compromising Rohingya Rights?

Bangladesh is reportedly considering a dialogue between the Myanmar government and the Arakan Army, with a view to facilitating the repatriation of the 1 million Rohingya refugees currently living in Bangladesh. As the Arakan Army occupies significant territory in Rakhine State, there is a real need for effective communication. But communication based on the need of the moment should not be interpreted as political trust, recognition, or partnership. Will engagement with the Arakan Army ensure that Rohingya rights will be safeguarded – or little by little legitimize an armed authority that has allegedly committed serious abuses to the very people Bangladesh is trying to send back? The Myanmar military is responsible for the atrocities that occurred in 2017, including killings, mass rape, destruction of villages, and forced displacement. However, the Rohingya community has not been made safe by the end of the military rule in some areas of Rakhine. Instead the actions of the new rulers have caused serious concerns. The United Nations and Human Rights Watch have accused the Arakan Army of arbitrary detention, enforced disappearance, forced recruitment, forced labor, extortion, property seizure, and restrictions on movement and employment. The Arakan Army has also faced criticism for its failure to accept the Rohingya’s self-identification and its exclusionary attitude toward them. More seriously, the Arakan Army has been accused of attacking Rohingya civilians in the recent conflict. In May 2024, Human Rights Watch reported incidents of civilians being killed and wounded and of homes being destroyed in Hoyyar Siri village in Buthidaung Township. Some of the alleged abuses may be considered war crimes, the organization said. The Arakan Army has claimed that it was not responsible, yet survivors are still missing from their homes and being denied justice. These reports establish a basic conundrum for any plan of repatriation. It would be unrealistic to expect the Rohingya to return to places where the de facto government denies their existence, denies their freedom, and is credibly accused of serious human rights violations. There is a definite need for a lasting solution to the Rohingya refugee crisis, given the urgency of the situation in Bangladesh. Some 1.2 million Rohingya refugees reside in the country and their prolonged stay has put a huge strain on infrastructure, public services, and the environmental, social, and security situation of Cox’s Bazar and the surrounding areas. International humanitarian funding is also becoming increasingly uncertain. But desperation is not an excuse to send refugees back to where their lives, freedom, and dignity are not guaranteed. Return without citizenship is not a long-term solution. To return to camps or segregated settlements governed by an authority that will not accept the Rohingya people would be merely relocating the crisis from Bangladesh to another location of confinement. Bangladesh must tread carefully. Given the reality on the ground, antagonizing the Arakan Army could restrict necessary diplomatic engagement and hinder practical communication along the border. On the other hand, an unconditional engagement could provide political legitimacy to the group without meaningfully improving the situation of the Rohingya. All engagements thus must be provisional, open, and with a clearly stated purpose. Before any repatriation can proceed, the Arakan Army needs to accept and recognize the Rohingya identity publicly and welcome them to exercise their historic right to reside in Rakhine state. The right to return to their places of origin and their land, along with freedom of movement, access to education, healthcare, employment, and religious institutions must be afforded to Rohingya residents. Beyond talking with the Arakan Army and Myanmar’s central government, Bangladesh should remain engaged diplomatically with the United Nations and the Organization of Islamic Cooperation as well as with ASEAN and the influential regional powers. The goal should be to create a mechanism with international monitoring for the Rohingya people’s voluntary return and eventual citizenship, complete with guarantees of civilian protection and humanitarian access. The U.N. and independent humanitarian and human rights organizations should be given full and unrestricted access to areas of return. International monitoring must take the place of verbal assurances made by an armed group. Allegations of killings, forced disappearances, forced labor, forced recruitment, and destruction of property should also be thoroughly investigated and perpetrators held accountable, irrespective of their affiliation with the Myanmar Armed Forces, the Arakan Army, or any other armed group. Perhaps most importantly, Rohingya representatives should be part of any talks about their future. Any agreement that excludes the people most affected from the decision making process cannot be a legitimate one. The Rohingya crisis began in Myanmar and it is there that a durable solution to the crisis should be identified. But Bangladesh cannot be drawn into a false choice between a ban on all communication and the unconditional political acceptance of the Arakan Army. Engagement may be required, but appeasement is not necessary. Bangladesh’s policy needs to acknowledge the Arakan Army’s territorial control while not overlooking the undeniable facts of their conduct. How fast refugees are repatriated across the border should not be considered the indicator of success of any repatriation program. It should be judged on whether they return of their own free will as acknowledged citizens, to live in safety and dignity without persecution. As long as those requirements are not met, repatriation will be little more than a political talking point, not a feasible solution.