Date of publication:
01/08/2026
Bangladesh
Do domestic laws and policies protect forcibly displaced and stateless persons from discrimination on any grounds?
Assessment by population
Analysis
Bangladesh does not have national legislation or policy framework on asylum, and is not a signatory to the 1951 Refugee Convention or its 1967 Protocol.
The following rights are guaranteed by the Constitution of Bangladesh for non-citizens of Bangladesh:
- right to protection of the law (Art. 31)
- right to life and personal liberty (Art. 32)
- right to safeguards during arrest and detention (Art. 33)
- right not to be subjected to forced labour (Art. 34)
- right to protection in respect of trial and punishment (Art. 35)
- right to freedom of religion subject to law, public order, and morality (Art. 41)
Other than the above, there are no prescribed laws or policies in Bangladesh that protect refugees generally from discrimination on any ground. While the Bangladeshi government has provided refuge to the Rohingyas, they have not been officially recognized as refugees. As a result, they have faced various restrictions, including limitations on their movement and access to formal education and employment.
Related provisions of domestic law or policy
The Constitution of the People's Republic of Bangladesh
- Year: 1972
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1972/en/101782
Legal provision
Article 35 - Protection in respect of trial and punishment
(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than, or different from, that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than once. (3) Every person accused of a criminal offence shall have the right to a speedy and public trial by an independent and impartial Court or tribunal established by law. (4) No person accused of any offence shall be compelled to be a witness against himself. (5) No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. (6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.
Article 33 - Safeguards as to arrest and detention
(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the Court of the magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply to any person : (a) who for the time being is an enemy alien; or (b) who is arrested or detained under any law providing for preventive detention. (4) No law providing for preventive detention shall authorise the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons, of whom two shall be persons who are, or have been, or are qualified to be appointed as, Judges of the Supreme Court and the other shall be a person who is a senior officer in the service of the Republic, has, after affording him an opportunity of being heard in person, reported before the expiration of the said period of six months that there is, in its opinion, sufficient cause for such detention. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers to be against the public interest to disclose. (6) Parliament may by law prescribe the procedure to be followed by an Advisory Board in an inquiry under clause (4)
Article 41 - Freedom of religion
(1) Subject to law, public order and morality – (a) every citizen has the right to profess, practise or propagate any religion; (b) every religious community or denomination has the right to establish, maintain and manage its religious institutions. (2) No person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own.
Article 34 - Prohibition of forced labour
Article 34: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall apply to compulsory labour (a) by persons undergoing lawful punishment for a criminal offence; or (b) required by any law for public purposes.
Article 31 - Right to protection of law
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.
Article 32 - Protection of right to life and personal liberty
No person shall be deprived of life or personal liberty save in accordance with law.