UN concerned over welfare of Bangladeshi migrants

Issues of concern include high rate of deaths abroad, high migration cost, lack of pre-departure info and lenient action against non-compliant agencies

The United Nations has expressed concern over a number of issues affecting the welfare of Bangladeshi migrants and their families including a high rate of death abroad, difficulties for the families to get compensation, high migration cost, lenient actions against non-compliant recruiting agencies and lack of pre-departure information.
Having reviewed Bangladesh situation on April 3 and 4 in Geneva, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, in its findings released on April 20, put forward a set of recommendations to put things rights.
Bangladesh is reviewed by the Committee as it is one of the 51 State Parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Therefore, Dhaka along with other countries is required to submit regular reports to the Committee, which is composed of 14 international independent human rights experts.
The Committee also shed lights on many macro and micro issues like general measures of implementation, legislation and application, ratification of relevant instruments, comprehensive policy and strategy, coordination, data collection, independent monitoring, training on and dissemination of information about the Convention, participation of civil society, non-discrimination, right to an effective remedy, human rights of all migrant workers and members of their families, labour exploitation and other forms of ill-treatment, consular assistance, social security, pre-departure and right to be informed, recruitment agencies, return and reintegration, illegal or clandestine movements and employment of migrant workers in an irregular situation, repatriation of the bodies of deceased migrant workers and compensation promotion of sound, equitable, humane and lawful conditions and other issues in connection with the international migration of workers and members of their families.
The experts of the Committee, in their 13-page concluding observations, projected positive measures taken by the government about the aspects mentioned above. At the same time, they have expressed their concerns over the issues that they felt the government needs to do more. The Committee members also put forward numerous suggestions for the government to improve the situation.  
The government of Bangladesh submitted its initial report in 2015. The National Human Rights Commission (NHRC) and Civil Society Organisations also gave their inputs in this regard.
The Committee considered the initial report of the government at its 343rd and 344th meetings on April 3
and 4, and adopted at its 359th meeting on April 13.
On April 3 and 4, the Committee held dialogues with Bangladeshi delegation led by Expatriates’ Welfare and Overseas Employment Minister Nurul Islam and comprised of representatives from different ministries.
The Committee recognised that Bangladesh, predominantly a country of origin, has made progress in protecting the rights of its migrant workers abroad, although numerous challenges remain.  Appreciating some of the positive measures taken by the government including adoption of acts, rules and policies, it was concerned that ‘all provisions of the Convention have not yet been fully incorporated into the national legislation, and that the draft Immigration Bill as well as the implementing rules under the Overseas Employment and Migrants Act have not yet been adopted.
It has been recommended that the government strengthens its efforts to ensure that it’s legislation is in full conformity with the Convention, and that it adopts without a further delay the Immigration Bill as well as implementing rules under Overseas Employment and Migrants Act. It is also noted that Bangladesh is also becoming a country of destination and transit and efforts are thus needed to ensure the protection of migrant workers accordingly.
The UN Committee appreciated Bangladesh’s leading role in regional consultative processes such as the Colombo Process, the Abu Dhabi Dialogue and Global Forum on Migration and Development.
Expatriates’ Welfare and Overseas Employment Minister Nurul Islam was not available for his comments on the findings as he is currently abroad. And, despite repeated attempts by The Independent, Expatriates’ Welfare and Overseas Employment Secretary Begum Shamsun Nahar could not be reached for any comments.
However, officials concerned told The Independent, requesting anonymity, that the findings are very much in line with the practicality and the government is trying and will keep on trying to address the concerns expressed by the Committee of the global body.  The Committee welcomed that according to the regulations of the Wage Earners Welfare Board, the family of every deceased Bangladeshi migrant worker irrespective of his/her legal status is entitled to compensation and repatriation of the body.
It, however, expressed serious concerns at reports that over 5,000 Bangladeshi migrant workers die every year, of which at least one-third are reportedly buried abroad and nearly one third of the families of deceased migrant workers do not receive the minimum compensation that they are entitled to, the cost of bringing back the dead body is to a large extent borne by the migrant workers’ family, there is a lack of proper and independent autopsies on bodies of deceased migrant workers in unexplained cases of death, the families of deceased workers face challenges to receive legal support to secure unpaid wages and compensation from employers and to hold the recruiter or recruiting agencies accountable in the destination countries.
The Committee members were concerned about reports that Bangladeshi migrant workers often pay exorbitant recruitment fees and are deceived by local recruiters about the conditions of their contracts in terms of type of work and salary and the limited action to punish the agents or recruiting agencies that carry out unlawful and fraudulent practices, including reportedly providing forged training certificates. The Committee also expressed concern that labour migration statistics are produced in a fragmented way and do not include migrant workers in an irregular situation, children of migrant workers or migrant workers in Bangladesh.
While welcoming that the NHRC examines allegations of violations of rights of Bangladeshi migrant workers, the Committee was concerned that the NHRC does not fully comply with the Principles relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles).
While noting the adoption in January, 2016 of the Expatriates Welfare and Overseas Employment Policy, the Committee was concerned at the lack of its implementation and recommended for development of a comprehensive, gender-responsive and human rights compliant strategy supported by sufficient human, technical and financial resources and a monitoring mechanism for the implementation of the Expatriates Welfare and Overseas Employment Policy.
It expressed concern by the fact that the civil society in Bangladesh does not feel sufficiently included in or consulted on the implementation of the Convention and representatives of migrant workers associations are not represented in the Wage Earners Welfare Board and in the Board of the Expatriates’ Welfare Bank (Probashi Kallayan Bank).
The Committee was concerned at the lack of information and adequate legal counsel for migrant workers on their rights and the remedies available in the justice system, ineffective handling of complaints  and likely inability of the undocumented migrant workers to seek justice for violations of their rights for fear of being punished for illegal entry under the 1946 Foreigners’ Act. It was also concerned at the lack of transparency regarding the disbursement of funds for migrant workers under the Wage Earners’ Welfare Fund.
The experts of the Committee expressed concern at the lack of statistical data on pre-departure programmes and the lack of information on how the State party ensures in practice that private agencies provide adequate pre-departure information to migrant workers. The Committee said Bangladeshi migrant workers suffer numerous violations of their rights in States of employment, including being deprived of the right to leave their place of work, non-payment of salaries, having their passports confiscated, harassment, violence, threats, inadequate living conditions, difficult access to health care, and torture and most of the MoU and bilateral agreements do not cover provisions relating to access to justice.
While welcoming the adoption of the Domestic Workers Protection and Welfare Policy in January 2016, the Committee was concerned that Bangladeshi domestic migrant workers frequently face abuse, harassment and exploitation in the workplace, including domestic servitude, sexual harassment, physical mistreatment, and withholding of payments.
The Committee was concerned that some migrant worker returnees report that there are insufficient reintegration services, most importantly for those who may have experienced abuse abroad or are in need of medical care and women migrant workers often face family and social reintegration problems upon their return, including being stigmatised as lacking in moral virtue.
The Committee requested the government to provide, within two years, that is, by May 1, 2019, written information on the implementation of parts of the recommendations it made. The government has also been requested its second periodic report by May 1, 2022.

UN concerned over welfare of Bangladeshi migrants

Issues of concern include high rate of deaths abroad, high migration cost, lack of pre-departure info and lenient action against non-compliant agencies

The United Nations has expressed concern over a number of issues affecting the welfare of Bangladeshi migrants and their families including a high rate of death abroad, difficulties for the families to get compensation, high migration cost, lenient actions against non-compliant recruiting agencies and lack of pre-departure information. Having reviewed Bangladesh situation on April 3 and 4 in Geneva, the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, in its findings released on April 20, put forward a set of recommendations to put things rights. Bangladesh is reviewed by the Committee as it is one of the 51 State Parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Therefore, Dhaka along with other countries is required to submit regular reports to the Committee, which is composed of 14 international independent human rights experts. The Committee also shed lights on many macro and micro issues like general measures of implementation, legislation and application, ratification of relevant instruments, comprehensive policy and strategy, coordination, data collection, independent monitoring, training on and dissemination of information about the Convention, participation of civil society, non-discrimination, right to an effective remedy, human rights of all migrant workers and members of their families, labour exploitation and other forms of ill-treatment, consular assistance, social security, pre-departure and right to be informed, recruitment agencies, return and reintegration, illegal or clandestine movements and employment of migrant workers in an irregular situation, repatriation of the bodies of deceased migrant workers and compensation promotion of sound, equitable, humane and lawful conditions and other issues in connection with the international migration of workers and members of their families. The experts of the Committee, in their 13-page concluding observations, projected positive measures taken by the government about the aspects mentioned above. At the same time, they have expressed their concerns over the issues that they felt the government needs to do more. The Committee members also put forward numerous suggestions for the government to improve the situation. The government of Bangladesh submitted its initial report in 2015. The National Human Rights Commission (NHRC) and Civil Society Organisations also gave their inputs in this regard. The Committee considered the initial report of the government at its 343rd and 344th meetings on April 3 and 4, and adopted at its 359th meeting on April 13. On April 3 and 4, the Committee held dialogues with Bangladeshi delegation led by Expatriates Welfare and Overseas Employment Minister Nurul Islam and comprised of representatives from different ministries. The Committee recognised that Bangladesh, predominantly a country of origin, has made progress in protecting the rights of its migrant workers abroad, although numerous challenges remain. Appreciating some of the positive measures taken by the government including adoption of acts, rules and policies, it was concerned that all provisions of the Convention have not yet been fully incorporated into the national legislation, and that the draft Immigration Bill as well as the implementing rules under the Overseas Employment and Migrants Act have not yet been adopted. It has been recommended that the government strengthens its efforts to ensure that its legislation is in full conformity with the Convention, and that it adopts without a further delay the Immigration Bill as well as implementing rules under Overseas Employment and Migrants Act. It is also noted that Bangladesh is also becoming a country of destination and transit and efforts are thus needed to ensure the protection of migrant workers accordingly. The UN Committee appreciated Bangladeshs leading role in regional consultative processes such as the Colombo Process, the Abu Dhabi Dialogue and Global Forum on Migration and Development. Expatriates Welfare and Overseas Employment Minister Nurul Islam was not available for his comments on the findings as he is currently abroad. And, despite repeated attempts by The Independent, Expatriates Welfare and Overseas Employment Secretary Begum Shamsun Nahar could not be reached for any comments. However, officials concerned told The Independent, requesting anonymity, that the findings are very much in line with the practicality and the government is trying and will keep on trying to address the concerns expressed by the Committee of the global body. The Committee welcomed that according to the regulations of the Wage Earners Welfare Board, the family of every deceased Bangladeshi migrant worker irrespective of his/her legal status is entitled to compensation and repatriation of the body. It, however, expressed serious concerns at reports that over 5,000 Bangladeshi migrant workers die every year, of which at least one-third are reportedly buried abroad and nearly one third of the families of deceased migrant workers do not receive the minimum compensation that they are entitled to, the cost of bringing back the dead body is to a large extent borne by the migrant workers family, there is a lack of proper and independent autopsies on bodies of deceased migrant workers in unexplained cases of death, the families of deceased workers face challenges to receive legal support to secure unpaid wages and compensation from employers and to hold the recruiter or recruiting agencies accountable in the destination countries. The Committee members were concerned about reports that Bangladeshi migrant workers often pay exorbitant recruitment fees and are deceived by local recruiters about the conditions of their contracts in terms of type of work and salary and the limited action to punish the agents or recruiting agencies that carry out unlawful and fraudulent practices, including reportedly providing forged training certificates. The Committee also expressed concern that labour migration statistics are produced in a fragmented way and do not include migrant workers in an irregular situation, children of migrant workers or migrant workers in Bangladesh. While welcoming that the NHRC examines allegations of violations of rights of Bangladeshi migrant workers, the Committee was concerned that the NHRC does not fully comply with the Principles relating to the Status of National Institutions for the promotion and protection of human rights (the Paris Principles). While noting the adoption in January, 2016 of the Expatriates Welfare and Overseas Employment Policy, the Committee was concerned at the lack of its implementation and recommended for development of a comprehensive, gender-responsive and human rights compliant strategy supported by sufficient human, technical and financial resources and a monitoring mechanism for the implementation of the Expatriates Welfare and Overseas Employment Policy. It expressed concern by the fact that the civil society in Bangladesh does not feel sufficiently included in or consulted on the implementation of the Convention and representatives of migrant workers associations are not represented in the Wage Earners Welfare Board and in the Board of the Expatriates Welfare Bank (Probashi Kallayan Bank). The Committee was concerned at the lack of information and adequate legal counsel for migrant workers on their rights and the remedies available in the justice system, ineffective handling of complaints and likely inability of the undocumented migrant workers to seek justice for violations of their rights for fear of being punished for illegal entry under the 1946 Foreigners Act. It was also concerned at the lack of transparency regarding the disbursement of funds for migrant workers under the Wage Earners Welfare Fund. The experts of the Committee expressed concern at the lack of statistical data on pre-departure programmes and the lack of information on how the State party ensures in practice that private agencies provide adequate pre-departure information to migrant workers. The Committee said Bangladeshi migrant workers suffer numerous violations of their rights in States of employment, including being deprived of the right to leave their place of work, non-payment of salaries, having their passports confiscated, harassment, violence, threats, inadequate living conditions, difficult access to health care, and torture and most of the MoU and bilateral agreements do not cover provisions relating to access to justice. While welcoming the adoption of the Domestic Workers Protection and Welfare Policy in January 2016, the Committee was concerned that Bangladeshi domestic migrant workers frequently face abuse, harassment and exploitation in the workplace, including domestic servitude, sexual harassment, physical mistreatment, and withholding of payments. The Committee was concerned that some migrant worker returnees report that there are insufficient reintegration services, most importantly for those who may have experienced abuse abroad or are in need of medical care and women migrant workers often face family and social reintegration problems upon their return, including being stigmatised as lacking in moral virtue. The Committee requested the government to provide, within two years, that is, by May 1, 2019, written information on the implementation of parts of the recommendations it made. The government has also been requested its second periodic report by May 1, 2022.