Date of publication:
01/08/2026
Bangladesh
Do domestic laws and policies provide forcibly displaced and stateless persons the right to freely choose their place of residence?
Assessment by population
Analysis
Bangladeshi domestic laws and policies do not have any specific provisions that allow refugees to freely choose their place of residence.
As the August 2017 influx intensified, the Government designated “special zones” which basically included four districts where Rohingyas were living ‘unofficially,’ and instructed local authorities to send all Rohingyas to Cox’s Bazar camps/settlements. The designation of ‘special zones’ is an ‘internal decision’ of the Government and a source cannot be quoted.
The Government of Bangladesh enforces a strict encampment policy under which all Rohingya refugees must be registered with the Government (jointly with UNHCR) and must reside in designated camps (in Cox's Bazar District and on Bhasan Char Island in Noakhali District). Refugees’ movement in/out of the camps is subject to prior written permission from the Camp-in-Charge (who administer the refugee camps on behalf of the government).
As per Section 3 of the Foreigners Act of 1946, the Government may by order make provision, either generally or with respect to all foreigners (anyone who is not a citizen), or with respect to any particular foreigner, or any prescribed class or a description of foreigner requiring to reside in a particular place and impose any restrictions on movements. Rohingya refugees are required to stay in the designated areas according to the Government policy and cannot freely choose their place of residence unlike other foreigners lawfully in the territory.
Related provisions of domestic law or policy
The Foreigners Act
- Year: 1946
- Type: Domestic law
- Rights Category: Asylum, Freedom of movement, Liberty & security of person
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1946/en/18869#:~:text=(1)Any%20foreigner%20(hereinafter,conditions%20as%20to%20maintenance%2C%20discipline
Legal provision
Article 3 - Power to make orders
3. (1) The Government may by order make provision, either generally or with respect to all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Bangladesh or their departure therefrom or their presence or continued presence therein. (2) In particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner- (a) shall not enter Bangladesh, or shall enter Bangladesh only at such times and by such route and at such port or place and subject to the observance of such conditions on arrival as may be prescribed; (b) shall not depart from Bangladesh, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as my be prescribed; (c) shall not remain in Bangladesh or in any prescribed area therein; (d) shall remove himself to, and remain in, such area in Bangladesh as may be prescribed; (e) shall comply with such conditions as may be prescribed or specified- (i) requiring him to reside in a particular place; (ii) imposing any restrictions on his movements; (iii) requiring him to furnish such proof of his identity and to report such particulars to such authority in such manner and at such time and place as may be prescribed or specified; (iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified; (v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified; (vi) prohibiting him from association with persons of a prescribed or specified description; (vii) prohibiting him from engaging in activities of a prescribed or specified description; (viii) prohibiting him from using or possessing prescribed or specified articles; (ix) otherwise regulating his conduct in any such particular as may be prescribed or specified; (f) shall enter into a bond with or without sureties for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions; (g) shall be arrested and, in the interest of the security of Bangladesh, detained or confined: Provided that a person shall not be detained for a period exceeding six months unless an Advisory Board consisting of three persons appointed by the Government, 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. (3) An order made under sub section (2) may make provision for such incidental and supplementary matters as may, in the opinion of the Government, be expedient or necessary for giving effect to the provisions of this Act.