#Title

LAW VISION
A historiographical approach to addressing
THE REFUGEE CRISIS
Historical injustices perpetuated by colonialism, such as exploitation, violence, and the deliberate undermining of local governance, contributed to the conditions that underlie forced migration in many contexts today.
SHAIKH SHOHAG HOSSAIN
The global refugee crisis, with millions fleeing their homes due to violence, war, and persecution, is one of the most pressing issues of our times. While international law, particularly the 1951 Refugee Convention and its 1967 Protocol, provide the legal frameworks for refugee protection, many nations especially former colonial powers remain reluctant to accept their fair share of responsibility. A fresh approach to solving the crisis proposes that former colonial powers should accept refugees from their former colonies as a way of addressing historical injustices.
Colonialism fundamentally altered the political, economic, and social landscapes of many countries including the Indian subcontinent, leaving behind deep-rooted issues that continue to drive migration and displacements. Former colonies, exploited for their resources and subjected to oppression, now struggle with underdevelopment, instability, and conflict factors that directly contribute to forced migration. One glaring example of this is the plight of the Rohingya people. Myanmar, formerly a British colony, became a breeding ground for ethnic tensions between the Burman majority and the Rohingya minority. The colonial divisions have had lasting impacts, culminating in violence, persecution, and the displacement of over one million Rohingya to Bangladesh. Similar colonial legacies play out globally, with migration patterns often reflecting the lingering effects of colonial rule.
International refugee law, particularly the principle of nonrefoulement which prohibits returning refugees to countries where they face persecution forms the bedrock of refugee protection. This principle, enshrined in the 1951 Refugee Convention, has become customary international law, meaning that even countries not party to the Convention are bound by it.
Beyond nonrefoulement, the principle of burden sharing is key to addressing the global refugee crisis. As part of the Global Compact on Refugees, adopted in 2018, burden sharing encourages wealthier nations to accept due share of responsibility, helping alleviate the disproportionate strain on developing countries like Bangladesh. Yet, many former colonial powers, despite their wealth and capacity, remain hesitant to fully embrace this principle when it comes to refugees from their former colonies.
Notably, burden sharing is not only a principle of international law but also a necessity for visualising an equitable refugee protection paradigm. At present, most refugees are hosted by neighboring countries that are often developing countries themselves. Bangladesh, Lebanon, and Jordan, for instance, host millions of refugees relative to their small economies, while wealthier countries resist increasing their hosting of displaced populations.
When discussing whether former colonial powers can take in more refugees, two considerations arise: practical feasibility and theoretical feasibility. Practically speaking, it may seem politically challenging for countries like the UK, France, and Spain to increase their refugee sheltering. Rising nationalism, concerns about cultural integration, and fear of economic competition have fueled anti-immigrant sentiments in many of these countries. But the practical reality is that these countries have the infrastructure and resources to accept far more refugees than they currently do. The strain on a country like Bangladesh, which has a fraction of the wealth of many European countries, is exponentially higher. For instance, Germany’s decision to accept over a million Syrian refugees between 2015 and 2016 demonstrates that it is possible for a developed country to accommodate a large influx of refugees with careful planning and international cooperation.
Theoretically, as argued earlier, there is a strong argument that former colonial powers have a moral obligation to take in refugees from their former colonies. Historical injustices perpetuated by colonialism, such as exploitation, violence, and the deliberate undermining of local governance, contributed to the conditions that underlie forced migration in many contexts today. The international community needs a fresh, holistic approach to the refugee crisis, one that recognises the historical legacies of colonialism and emphasises principles like burden sharing, international solidarity, and reparative justice. Only by embracing this approach, can we begin to address both the immediate needs of the refugees and the historical wrongs that continue to shape our world today.
The writer is Lecturer, Department of Law, National University, Gazipur