Introduction
The Rohingya issue has been long-lasting in both Bangladesh and Myanmar. Since the 1970s, the Rohingya in Myanmar have suffered decades of systematic discrimination, deprivation of citizenship, and targeted and state-supported violence, including torture, rape, arbitrary arrests, and execution (Goodman & Mahmood, 2019). The suppression and violence enacted against the Rohingyas force them to flee Myanmar to Bangladesh. The displacement of Rohingyas reached its peak in 2017 after a “clearance operation” conducted by the Myanmar military. Since August 2017, more than 730,000 Rohingyas have left Myanmar and settled in Cox’s Bazar District, Bangladesh (Goodman & Mahmood, 2019). Currently, as of 2025, Bangladesh hosts over one million Rohingya refugees (Hasan, 2025; UNHCR, 2025). However, the situation of Rohingyas was not ameliorated after they arrived in Bangladesh. Overcrowded conditions in Cox’s Bazar, limited resources and infrastructure, and inter- and intra-community conflicts and violence in the Rohingya camps in Bangladesh indicate that the Rohingya community is still subjected to human rights violations and experiencing an ongoing refugee crisis.
Among the Rohingya population, women are more vulnerable not only when they are exposed to conflict-related sexual violence (CRSV) in Myanmar but also because their refugee status and statelessness in Bangladesh leave them with comparatively less protection of human rights and therefore susceptible to gender-based violence. According to the statistics, approximately 58,700 Rohingya women and girls have experienced sexual and gender-based violence (SGBV), and 12 percent of families in the refugee camps in Bangladesh were exposed to sexual exploitation (Goodman & Mahmood, 2019; Hutchinson, 2017). This dire human rights situation is exacerbated by the fact that almost half of the refugee settlements still lack basic amenities and facilities to provide general sexual, reproductive, and post-violence care (Stoken, 2020). Although policies and legal frameworks in Bangladesh and humanitarian aid from a variety of organisations and institutions attempt to resolve SGBV and change the repressed situation of Rohingya women in Bangladesh, the achievement seems limited.
Therefore, Section Two of this article will outline the negative consequences caused by CRSV targeting Rohingya refugees in Myanmar and gender-based suppression and exploitation in Bangladesh. Furthermore, in Section Three, this article will analyse the mechanisms countering SGBV, evaluating relevant legal and justice frameworks and institutional humanitarian aid availability to dissect how they protect Rohingya women in Bangladesh and respond to SGBV and outline what their limitations are.
Sexual and Gender-Based Violence Affecting Rohingya Refugees: A Constant Violation in Myanmar and Bangladesh
Conflict-Related Sexual Violence in Myanmar and the Prolonged Injuries
During the clearance operations, attacks against Rohingya communities were widespread, systematic, and very serious, as illustrated by the UNHRC’s comments stating that the attacks were sufficient to constitute international crimes, including crimes against humanity, war crimes, and even genocide (United Nations, 2019). Extensive and common utilisation of CRSV in the Myanmar conflict, such as rape, sexual assault, exploitation, forced pregnancy, and forced witnessing, specifically illustrated that Rohingya women and girls were disproportionately violated, “whose subordinate gender status within and across groups targets their bodies as markers of ethnic, religious, and/or political affiliation” (Sajjad, 2024; Green et al., 2022). The violence forced Rohingya women and girls to flee Myanmar to Bangladesh, but physical and psychological injuries caused by such violence do not disappear with their displacement. On the contrary, the impact and injury of CRSV conducted by the Myanmar military were prolonged, resulting in grave consequences concerning females’ sexual and reproductive rights in particular, which entailed additional care services after the resettlement of the Rohingya community in Bangladesh.
A qualitative research study, conducted by healthcare workers who provided direct care to Rohingya refugees in Bangladesh from 2017 to 2020, addressed the prolonged impact and required measures from three aspects: physical and psychological health care, specific protection of sexual and reproductive rights, and the disclosure of the SGBV suffered by Rohingya women (Green et al., 2022). First, SGBV accompanied with other forms of violent acts such as beating, shooting, and forced displacement brought about physical symptoms and negative impacts on the mental health status of Rohingya women. This catalysed the necessity of specific care services to encounter gender-related consequences, for example, sexually transmitted diseases and post-rape and conflict trauma (Sajjad, 2024). Second, as stated by an Op-Ed issued by the UN Office of the High Commissioner for Human Rights (UNHCR), “It is estimated that there are over 40,000 pregnant women and girls among the Rohingya refugee population, and a significant number of these pregnancies are the result of rape” (United Nations, 2018). This figure highlights the high demand of Rohingya women for assistance in addressing sexual and reproductive health complaints. The protection of sexual and reproductive health not only requires a basic emergency obstetric service for mothers and newborn babies but also safe conditions for pregnancy termination and post-abortion care for those who received an unwanted pregnancy after rape. Third, according to the interviews between health workers and Rohingya survivors in Bangladesh, disclosing experiences of sexual violence and the establishment of gender-sensitive narratives based on the suffering of Rohingya women are significant for obtaining justice and legal accountability (Green et al., 2022). This creates the need for reliable and gendered access to describe their experience in the camps.
However, various human rights violations in relation to sexual and gender issues in Cox’s Bazar, documentation of SGBV against Rohingya women, and patriarchal socio-cultural norms in Bangladesh give rise to the question of whether Rohingya women can be provided with the care required to recover from CRSV as mentioned above. Hence, the next section will address the conditions of Rohingya refugee camps in Bangladesh, particularly in Cox’s Bazar, and how the living conditions contribute to GBSV in the camps. It will illustrate how violations of Rohingya women’s human rights prolong the injury caused by CRSV conducted by the Myanmar military and, at the same time, intensify SGBV targeting women and girls in the Rohingya camps in Bangladesh.
Sexual and Gender-Based Violation of Rohingya Refugees’ Human Rights in Bangladesh
Poor Infrastructure and Limited Resources in Rohingya Camps
The physical arrangement of the Rohingya camps in Bangladesh, which were constructed in the emergency context of the 2017 Myanmar conflict, struggles to provide basic living conditions for the overcrowded Rohingya population. The disproportionate distribution and limited access to fundamental infrastructures and resources, such as water and food collection points, toilet and bath places, and lighting, indicate the ongoing insufficient protection of Rohingya’s human rights, including the right to water, food, sanitation, health, privacy, adequate housing, and social security (United Nations, 2023). As most Rohingya camps and communities in Bangladesh reveal a male-dominant structure in which males are in charge of all kinds of resources and services, women and girls become more vulnerable in the lack of living conditions, increasing the risks of SGBV.
To be more specific, according to religious and cultural values in both the Rohingya and Bangladeshi communities, women are discouraged from leaving their shelters, appearing in public with stranger males, and even competing with males for limited resources. Accordingly, remote and finite hygiene facilities and water and food collection points force Rohingya women to choose between the lack of survival resources and risks of being exposed to intimidation, humiliation, and harassment. Research indicates that some Rohingya women choose not to eat and drink to avoid going to pick resources and to use the bathrooms (ACAPS & IOM, 2021). Additionally, the overcrowded environment and makeshift settlements in Rohingya camps results in limited spaces, gender-segregated living places, or even door locks for homes to ensure the right to privacy, security and dignity. The narrow spaces (eight to ten square metres for six to eight people) aggravate conflicts and SGBV within and among households (International Rescue Committee, 2020). Female-headed households in this case are at a bigger risk of sexual assault, exploitation, and rape (Akter, 2022).
Medical and health care resources are also insufficient to ensure women’s sexual and reproductive rights, despite them being more likely to experience incidents of sexual violence and subsequent pregnancy and sexually transmitted infection. The actual statistics of girls and women who have been seriously injured and died due to secondary harm caused by SGBV are unclear, as the community stigma and concerns about family honour can prevent women from disclosing their experiences (Human Rights Watch, 2017). However, Medecins Sans Frontieres estimated that at least 2.6 percent of Rohingya victims of sexual assaults have died (Médecins Sans Frontières, 2018). Human Rights Watch also indicates that most survivors did not receive any post-rape or assault care services, including basic medical supplies or skilled health assistance (Human Rights Watch, 2017). Only 22 percent of births resulting from sexual violence occur in healthcare facilities with appropriately trained staff (Stoken, 2020). In addition, particularly when Bangladesh has very strict legal restrictions on abortion, unsafe and illegal abortions and the lack of post-abortion services become foreseeable for Rohingya women who get pregnant after sexual violence either in Myanmar or Bangladesh.
Direct Sexual and Gender-Based Violence Targeting Rohingya Women
As the physical conditions of Rohingya camps expose women and girls to greater risks of SGBV, various forms of violence, such as sexual exploitation, child marriage, domestic violence, female trafficking, and forced prostitution, become more prevalent in camps. Based on the interviews with 148 Rohingyas from Cox’s Bazar, Riley et al. outlined the proportion of SGBV victims in the camps through a table of traumatic events inventory: 12.8 percent stated that they experienced sexual abuse, humiliation, or exploitation; 8.1 percent were raped and 6.1 percent witnessed physical or sexual violence/abuse (Riley et al., 2017). Several reports also confirmed that unregistered Rohingya women and girls living in makeshift camps are easily targeted by different groups of perpetrators inside and outside the community. For instance, male partners and family members might perpetrate domestic violence to release stress caused by the disempowerment and poverty resulting from their refugee status. Meanwhile, perpetrators outside the Rohingya community who enjoy a comparatively more wealthy and privileged position in Bangladeshi society find it easier to target Rohingya women without facing any legal consequences or punishment (Nordby, 2018).
Furthermore, some of the incidents may even be covered by the appearance of willingness, namely survival sex. In a 2018 report, the BBC described how Rohingya girls in Cox’s Bazar became the subject of prostitution and human trafficking within Bangladesh and, across international borders to India and Nepal, and even transported overseas to Malaysia (BBC News, 2018). Meanwhile, the humanitarian crisis and the growth of tourism in Cox’s Bazar increase the demand for sexual services, which demonstrates the catalysts of the increase in sexual trafficking, exploitation, and forced prostitution. Furthermore, this situation facilitates Rohingya women’s engagement in survival sex, as prostitution and early marriage become the only way for them to gain basic life necessities and to support themselves and their households (Nordby, 2018). Under the guise of women’s no-choice-willingness, these incidents can be easily ignored and justified by socio-cultural norms, which again reinforces the gender-based violence and bias against Rohingya women and keeps SGBV underreported. Rohingya women trapped in survival sex similarly face severe violence in sex trades and survival marriages due to a lack of proportion marriage or prostitution in fraud and physical and sexual coercion without official law enforcement and mechanisms for legal consequences (Akter, 2022).
Mechanisms Countering Sexual and Gender-Based Violence Targeting Rohingya Refugees in the Context of Bangladesh
Bangladesh’s Legal Framework and Justice Seeking Mechanisms
Legal frameworks available for the Rohingya community in the context of Bangladesh can be divided into three main categories: (1) the Constitution, which stipulates fundamental human rights and provides guidance for other law branches; (2) municipal laws, which serve to determine the legal status and corresponding rights to citizenship of the Rohingya community; and (3) international and domestic human rights law, which provides protection of specific human rights.
The Constitution of Bangladesh is the supreme and fundamental law of the land. There are 18 fundamental rights applicable for Rohingyas, including but not limited to the right to protection of law, the right to life and personal liberty, safeguards as to arrest and detention, and prohibition of forced labour (Hasan, 2025; Alam, 2023). Article 31 of the Constitution explicitly regulated that,
To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law. [emphasis added] (The Constitution of the People’s Republic of Bangladesh, 1972)
Although there are certain rights based on the recognition of citizenship, which exclude people who are non-citizens, Article 31 in this regard expresses that the protection of fundamental rights should extend to citizens as well as those who are within the territory of Bangladesh, including the Rohingya population.
Despite fundamental rights in the Constitution being applicable to non-citizens, another question emerges – whether the Rohingya population can be regarded as refugees who enjoy specific rights and protections. Unfortunately, Bangladesh is neither a party to the 1951 Refugee Convention, the 1967 Protocol, nor the 1961 Convention on the Reduction of Statelessness, nor does it have a policy or domestic law specifically regulating the protection of refugees (Hasan, 2025). In this regard, the legal status of the Rohingya population becomes complicated. This is noted, for example, by some scholars who refer to Rohingya Displaced People instead of refugees in line with international standards. The alleged refugees are considered as foreign nationals, governed by the Foreigners Act 1946 that outlines the rules for the entry, stay, and departure of foreigners. Obviously, such an act and limited provisions in the Constitution can hardly provide a comprehensive guarantee of human rights, particularly those directly applicable for refugees, such as the right of non-refoulement. Contrary to the ambiguous rules of municipal laws, case law attempted to offer a more positive attitude towards the refugee issues in Bangladesh. In Refugee and Migratory Movements Research Unit (RMMRU) v. Bangladesh, the Court recognised the persecuted situation of the Rohingyas in Myanmar as the precondition of non-refoulement and further stated that
[the 1954 Refugee 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. (Supreme Court of Bangladesh, 2017)
Apart from laws regulating the protection of refugees, other human rights instruments to which Bangladesh has become a contracting party can also play a role in the protection of the Rohingyas. For example, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment prohibits torture and inhuman treatment, providing a space for countering certain forms of sexual exploitation against Rohingya women if they meet the standard of torture (United Nations, 1984). Article 3 also explicitly regulated the principle of non-refoulement that the State cannot “expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture” (United Nations, 1984; Hasan, 2025). Moreover, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Economic, Social and Cultural Rights and its Optional Protocol, and the International Covenant on Civil and Political Rights also stipulate general and comprehensive human rights protection of all persons within Bangladesh (Alam, 2023). Additionally, international conventions and domestic acts such as the Convention on the Elimination of All Forms of Discrimination Against Women, the 2017 Child Marriage Restraint Act, and the 2000 Prevention of Oppression against Women and Children Act further clarify the protection of women and children and facilitate the combat of SGBV against Rohingya women and children.
To enforce the above laws and resolve violence against Rohingya communities, justice-seeking mechanisms are necessary. However, in reality, the mechanisms do not function effectively. Instead, they adversely exacerbate the violated situation of Rohingya women. The main reasons for the ineffectiveness of justice-seeking mechanisms are firstly, the Rohingyas’ inability to access the mechanisms and secondly, the gender-biased systems. On the one hand, similar to access to other resources, Rohingya women’s access to justice resources is also restricted. The limited citizenship increases the barrier for Rohingyas to enter into formal legal systems and receive assistance from authorities. In certain local courts, a Bangladeshi national ID number is required, which naturally hinders Rohingya refugees. 60 to 90 percent of Rohingyas decline their referral to legal assistance due to “feelings of shame, fear of punishment, and knowledge of the low success rate of the formal legal system for Rohingya” (Santana, 2022). This is particularly the case for Rohingya women, as they generally confront more obstacles than males, such as physical isolation encouraged by socio-cultural norms, fear of repercussions from partners or relatives, and limited access to information (Santana, 2022). Moreover, 73 percent of Rohingya women are unaware of where to report their issues (ACAPS & IOM, 2021).
Additionally, deficiencies in the present justice mechanisms are a major obstacle. When education and stable financial gains are inaccessible to most Rohingya women, complex, and expensive legal procedures are no longer a functioning mechanism for them. Investigations and assistance attributed to Rohingyas are generally under-resourced and underfunded, and some law enforcement officers are unwilling to work on a criminal case in which Rohingyas are victims (Santana, 2022). Furthermore, the gender-biased socio-cultural tendencies in the Bangladesh legal system, which is generally only accessible for compoundable or serious crimes such as killings, exclude many forms of SGBV, such as domestic violence and exploitation through survival sex (International Rescue Committee, 2019).
Humanitarian Responses and Growing Limitations
Aside from formal legal mechanisms, humanitarian responses are another important way to resolve both the refugee crisis in Bangladesh and SGBV targeting Rohingya women in camps. The overpopulation of Rohingya camps and frequent climate changes aggravate the crisis in Rohingya camps (Inkstick Contributor, 2024), which increases the burden on the Bangladeshi government and forces the camps to depend on international aid and humanitarian responses from international (non-governmental) organisations for their survival (Akter, 2022).
The UNHCR has provided assistance with the government of Bangladesh and other agencies for Rohingya refugees, and there are more than 150 NGOs working in Cox’s Bazar providing humanitarian crisis management through supporting shelter, food assistance, education, water, sanitation, health, and nutrition (Akter, 2022; Goodman & Mahmood, 2019). For example, the Inter Sector Coordination Group formulated a two-phase plan to manage the refugee crisis through immediate humanitarian response after the outbreak in 2017 and post-emergency response from 2018 onwards. The UN Family Planning Association (UNFPA) distributed the “dignity kit” programme to provide daily-use items and facilitated the construction of a women-friendly support service centre for health and mental issues. Additionally, 28 partner organisations mainly address gender-based types of violence (Akter, 2022). Hope Foundation, a local NGO, concentrates on enhancing outreach and care to pregnant women and provides training sections to improve abilities to respond to the ongoing SGBV in the Rohingya camps and the Bangladesh community (Goodman & Mahmood, 2019). Women-Friendly Shelter Homes, a complementing distribution of UNFPA, aims to offer Rohingya young women places to gather, open up without fear of violence, and disclose their experiences (Goodman & Mahmood, 2019).
However, several limitations also prevent humanitarian responses from countering SGBV better. First, the overpopulation of the Rohingya camps overburdens the existing humanitarian services, which are not enough to cover all camps. Statistics indicate that 56 percent of camps still lack essential services such as psychosocial support and case management to assist women in SGBV (Santana, 2022). This deficiency became more obvious after the COVID-19 pandemic, which led to the reduction of humanitarian aid workers and agencies, worsened the financial dilemmas in the Rohingya camps, and promoted anti-social and dangerous activities (Santana, 2022). Second, there are gaps existing in aid distribution and coordination within humanitarian institutions. Provisions of humanitarian services are still established on the basis of gender inequality and male-dominant households. As the figures above demonstrate, only 28 out of over 150 institutions concentrate on sexual and gender-sensitive issues. Third, humanitarian responses can only play a responsive role rather than a preventive role. The priority of most humanitarian responses focuses on dealing with the situation after the crisis rather than preventive measures of SGBV. This loophole can easily lead to the neglect of medium and long-term interventions and the failure to integrate gender aspects into prioritisation (Akter, 2022; UN Women, 2018).
Conclusion
The present situation of the Rohingya community reveals a constant violation of their human rights and the long-lasting impact caused by different types of violence in Myanmar and Bangladesh. For Rohingya women and girls, as a reflection of the patriarchal and unequal socio-cultural pressure, their living conditions and increasing risks of SGBV encourage physical isolation within their households, impose humiliation, and stigma on the victims of SGBV, and violate their fundamental rights by treating them as an objects of different forms of sexual exploitation. CRSV experienced by Rohingya women in Myanmar and their statelessness in Bangladesh make them more vulnerable and require additional care services to recover from secondary injuries caused by the conflict-related crisis (Stoken, 2020). However, the reality of the camps and the Rohingya community in Bangladesh demonstrates an unsuccessful practice and even imposes greater gender-based violence on Rohingya women.
Therefore, the approaches to resolving the refugee crisis and SGBV have become an acute issue. The analysis of the legal and justice mechanisms of Bangladesh based on the legal framework of the Constitution, the municipal laws, and the human rights laws entails that Bangladesh has constructed a foundation for the protection of Rohingya’s human rights in general. However, the particular vulnerability of Rohingya women due to their gender and refugee status remains unresolved. The inefficient enforcement and implementation reinforce this vulnerability and gender inequality, failing to counter and combat SGBV in a better approach. Various humanitarian responses partly complement the loopholes and gaps in the provision of care services and gender-related aid. But the inherent deficiencies of humanitarian responses on the basis of the gender-inequal socio-cultural background of Bangladesh, the limited facilitation provided by organisations, and the lack of long-term interventions also restrict the effectiveness of humanitarian response.
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