Bangladesh does have a legal framework that provide avenues for administrative and judicial remedies for persons who believe their property rights have been violated. However, statutory laws and policies do not address the property rights of refugees and asylum-seekers, leaving them without the right to seek judicial remedies. Given their lack of right to property, despite the presence of several remedies within the domestic legal framework, refugees and asylum-seekers in Bangladesh are precluded from accessing these remedies. 

Rohingya refugees also have limited access to courts due to several reasons such as prior approval needed from the Camp in Charge (CiC; the appointed government officials overseeing individual camps), lack of proper awareness, financial barriers and many other reasons. Refugees mainly resort to informal justice mechanisms such as mediation or reconciliation through Majhis (local camp leaders).  

National laws provide remedies that can be sought in different processes based on the type of property denied. When any citizen’s right to property as guaranteed in the Constitution of the People’s Republic of Bangladesh,1 has been violated, he can file a writ petition in the Supreme Court of Bangladesh.2 The Specific Relief Act, 1877 contains certain provisions that provide remedy in the form of declaration, injunction, or recovery of possession of property. In case of property rights violations of a criminal nature, such as misappropriation or trespass, the aggrieved party can file a suit in criminal court for offences under the Penal Code, 1860.  

Alongside judicial remedies, there are also administrative remedies. Under the rules of the State Acquisition and Tenancy Act, 1950 the Government of Bangladesh can appoint officers and dispose of questions relating to acquisition of land; the civil court does not have jurisdiction in these matters.3 The Act has established Land Survey Tribunals presided by a Joint-District Judge to address disputes arising from land surveys.4 The Assistant Commissioner (Land), an officer of the government, also settles disputes related to property. There are also village courts empowered by the Village Court Act, 2006 that attempt to settle disputes of a small nature that concern property valued at less than BDT 300,000 (around USD 2,500). Mediation, arbitration, and other alternative dispute resolution methods are also employed to settle disputes related to the denial of property rights. 

• 1

  Article 42(1), The Constitution of the People’s Republic of Bangladesh states, ”Subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalised or requisitioned save by authority of law.”

• 2

  Article 44(1), The Constitution of the People’s Republic of Bangladesh states, ”The right to move the High Court Division in accordance with clause (1) of article 102, for the enforcement of the rights conferred by this Part is guaranteed.”

• 3

  Section 76(2), The State Acquisition and Tenancy Act, 1950

• 4

  ibid, section 145A