Date of publication:
01/07/2026
Bangladesh
Do domestic laws and policies provide for protection from expulsion of refugees?
Assessment by population
Analysis
Bangladeshi domestic laws and policies do not provide specific protections against the removal of refugees or asylum-seekers to a territory where they may face serious human rights violations. The relevant legal framework primarily focuses on immigration control and does not have provisions dedicated to asylum or refugee protection. As a result, individuals at risk of human rights abuses in other countries may not have legal safeguards in Bangladesh to prevent their removal or deportation to such territories.
The only legislation identified that regulates the removal or persons to a territory where they are at risk of being subjected to serious human rights violations is Section 5(2) of The Extradition Act, 1974. The Extradition Act, 1974 states to not surrender offenders when it has been satisfied that the person may be prejudiced at their trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.1 The law applies to “fugitive offenders”2 whose extradition has been requested by another state and can also apply to refugees or asylum seekers if their country-of-origin requests for their extradition. This Act also includes the provision of not surrendering an offender on the ground of a political offence.
Despite the lack of national legal framework which would protect the removal of persons to a territory where they are at risk of being subjected to serious human rights violations, as of late 2024, Bangladesh is hosting close to one million refugees who fled persecution in Myanmar and sought international protection in Bangladesh. At the same time, UNHCR is aware that in between 2022 and August 2024, more than 6,700 Myanmar nationals were “pushed back” to Myanmar. This trend was first reported in 1978 when about 200,000 Rohingyas fled to Bangladesh. Pursuant to an agreement between the Government of Bangladesh and Myanmar, these Rohingya refugees were repatriated with reports suggesting that such repatriation was not voluntary. The same lack of voluntariness was also reported in 1992 when 250,000 Rohingya refugees were repatriated under a Memorandum of Understanding between the Government of Bangladesh and Myanmar. Recently, in different occasions, the officials of the Government of Bangladesh have stated about Bangladesh’s closed border position with Myanmar to prevent more Rohingya from entering Bangladesh. Law enforcement agencies have been directed to strictly follow the closed border position and push back Rohingya seeking refuge in Bangladesh with many reports made regarding enforcement of such policy. Reports additionally suggest that since January 2024 to 5 May 2025, 10194 Myanmar individuals are reported to have faced pushback by the Border Guard Bangladesh as they fled the escalated conflict in Rakhine and sought safety in Bangladesh. 2,516 of these refoulement-related incidents occurred in 2025 (as of 4 May), making up almost a quarter (24 per cent) of all such incidents since January 2024. However, despite the pushbacks, the country allowed more than one hundred thousand Rohingyas to come into Bangladesh as humanitarian exemption.
Related provisions of domestic law or policy
The Extradition Act
- Year: 1974
- Type: Domestic law
- Rights Category: Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1974/en/101793
Legal provision
Section 2: Definitions
(1) In this Act, unless there is anything repugnant in the subject or context,- (a) “extradition offence” means an offence the act or omission constituting which falls within any of the descriptions set out in the Schedule and, if it took place within, or within the jurisdiction of, Bangladesh would constitute an offence against the law of Bangladesh and also- (i) in the case of a treaty State, an offence a person accused of which is, under the extradition treaty with that State, to be returned to or from that State; and (ii) in the case of a foreign State not being a treaty State, an offence specified in a direction issued under section 4; (b) “extradition treaty” means a treaty or agreement between Bangladesh and a foreign State for the extradition to or from such State of a person accused or convicted of an extradition offence; (c) “foreign State” includes every constituent part, or dependency, of such State and any territory under the sovereignty or trusteeship of the State; (d) “fugitive offender” means the person who, being accused or convicted of an extradition offence is, or is suspected to be, in any part of Bangladesh;
Section 5: Liability of fugitive offenders to be surrendered
(1) Subject to the provisions of sub-section (2), every fugitive offender shall be liable to be apprehended and surrendered in the manner provided in this Act, whether the offence in respect of which his surrender is sought was committed before or after the commencement of this Act and whether or not a Court in Bangladesh has jurisdiction to try that offence. (2) No fugitive offender shall be surrendered,- (a) if the offence in respect of which his surrender is sought is of a political character or if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that the requisition for his surrender has, in fact, been made with a view to his being tried or punished for an offence of a political character; (h) if it is shown to the satisfaction of the Government or of the Magistrate or Court before whom he may be produced that he might, if surrendered, be prejudiced at his trial or punished, detained or restricted in his personal liberty by reason of his race, religion, nationality or political opinions.