Safe Migration and Bangladesh- Potentials, Possibilities and Problems*

By DR. UTTAM KUMAR DAS

This brief paper aims to discuss potentials of Bangladesh as a country of origin for migrant workers and (focuses) on challenges as well. It will also look into some other related issues and propose a set of recommendations accordingly.

The term migrant workers refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national (Art. 2 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990).

For the purpose of this paper, we would refer to migration as movement of Bangladeshi nationals out of the country (i.e., emigration) with a job overseas for a certain period. The out-migration of students, spouses or dependents and others is not in the consideration here.

Again, there is no definition of safe migration in the respective international instruments including the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990. However, for the purpose of the paper, safe migration would mean a situation and condition for a migrant worker where s/he would not be fallen into an “irregular situation” and could enjoy her/his due human rights as a migrant worker, and would be free from all forms of exploitative situations.

Safe migration is a human right. I would argue that, for a citizen of Bangladesh, it (safe migration) is a fundamental right as well.

Article 31 of the Constitution of Bangladesh guarantees for equal protection of law; while Article 32 guarantees right to life and personal liberty, Article 33 freedom from arbitrary arrest and detention, Article 34 freedom from slavery, and Article 36 (guarantees for freedom of movement.

Importance of Migration Sector in Bangladesh

Bangladesh is a labour surplus country. On an average, 2.7 million people are reportedly added to the existing work forces.

The rate of current unemployment is 3.7 percent. There is an estimated 30 million unemployed people in Bangladesh (as in 2008). However, by 2015, the total number of unemployed would be about 60 million, as ILO forecasted. Since both the public and private sectors have no capacity to absorb all the coming up workforces, therefore, we need to find out an alternative.

Having this scenario, our working population, especially the young ones have to find a way to manage job overseas, which is now turning to a vital sector to earn foreign exchange for the nation.

The country has huge potentials in this ever-growing migration sector; however, there are challenges as well.

There are estimate that more than seven million Bangladeshis are now working and living abroad. This migration for want of work, in a formal process, started in late 1970s.

Countries in the Western Europe, North America, Africa and even in the Eastern Asia need migrant workers to meet up their need to run industries, construction works, health, hospitality, and other service sectors among others.

Though the economic recession has imposed a negative impact on the flow of migrants, however, it is to stand up soon.

Bangladesh has earned a record amount of US$ 9.6 billion as remittances during 2008-2009 fiscal year.

In the full year of 2009, the amount was again nearly US$ 10 billion (74,000 crore Taka) though the period was hit by the global economic recession (which hardly had any negative impact to the total remittance flow to Bangladesh). The remittance remained almost steady though the number of migrating population get down to almost half (475,000) in 2009.

The migration sector has a huge contribution in the foreign exchange earnings of the country, however, the sector is not getting adequate attention of the government, and there is no well-coordinated planning so far.

The growth of remittances flow since 2001 is 17 percent per year on an average. The official remittances flow is 13 percent of GDP, as Dr. Zafar Ahmed Khan, Secretary to the Ministry of Expatriates’ Welfare and Overseas Employment (MOEWOE) disclosed at a seminar in Dhaka on 11 October this year.

The remittances are 12 and 6 times higher respectively than the Overseas Development Assistance (ODA) and Foreign Direct Investment (FDI) in Bangladesh.

There are prediction that by the year 2015, Bangladesh can earn an annual amount of US$ 30 billion as remittances given the new job market is explored, migrant workers’ skills are enhanced, and remittances are sent through officials channels.

There are opportunities to expand female migration provided with adequate skills and language training. According to official record, the ratio of female migrants is around 4 percent. However, if the “undocumented” are added in the ratio would be around 15 to 20 percent.

There are demands for qualified nurses, and trained housekeepers, and maids in North American and European countries. Only the United States will require 1.4 million nurses by 2014, as media reported.

However, so far, there is no noticeable progress in this regard. According to a senior official of the Bureau of Manpower, Employment and Training (BMET), the country would reach an amount of US$ 15 billion as remittances by 2015 if the existing trend of migration continues.

At the same time, the migration sector has been facing a great numbers of problems, which I will be exploring further in the later part of the paper.

In addition, given the threat of the climate changes and its consequences, Bangladesh needs to explore more opportunities for people to migrate as workers and in other capacities.

Problems in Migration Sector

There are a great number of problems and challenges, which are, contributing negatively to the potentials of the migration sector of Bangladesh.

I would like to categorize those problems in two broad types: (i) Problems with regard to governance of migration sector, and (ii) Problems with regard to protection of migrant workers.


Problems with Regard to Governance of Migration Sector

Over last four decades, the number of migrant population from the country has expanded hugely. However, the management and governance capacity of the government did not progress accordingly. Though, there is a separate ministry now, however, it and subsidiary offices have been facing lack of required personnel and from other shortcomings.

The private sector, i.e., Recruitment Agencies (RA) has a significant contribution in booming the sector, however, they also lack in their capacity, honesty and transparency in their respective works.

In the public sector (i.e., Ministry and respective Departments etc), problems include lack of required policy, resources, work force, and transparency in the system.

The existing personnel also lack required capacity, skills, motivation, and some of them lack transparency in their works (as required by existing laws and rules).

Though managing and regulating migration is a technical task (compared to general administrative works), however, there is no permanent cadre thereby. The technical officials responsible for managing and regulating migration like Labour Attachés (LA) are deputed from the Administrative cadre and other departments on ad hoc basis. However, the job of an LA requires some sort of special knowledge and skills. The same goes for other positions in the respective ministry. Therefore, there is a need to have a specialized pool of officials dedicated to work in the migration sector. They would serve in various positions through promotions.

The migration cost is apparently sky rocketing (compare to Nepal, India or Cambodia) and our government has no control on this. The Recruiting Agencies and their dalals are unabated in this regard. Though government has fixed amount, however, the reality is totally different.

It is evident that for going to Malaysia or the U.A.E., a migrant has to pay Taka 200,000 to 300,000 (where government prescribed amount is Taka 80,000); however, one could earn maximum half of the amount already spent, if really get a job, during the contracted year ranging from one to two.

This factor insists the migrants to look for to earn more through changing the jobs, if possible, and in other means. Thus, they turn to “unlawful emigrant,” or “irregular,” and their job also turn to “illegal.”

With regard to regulatory framework, the core legal framework to deal with labour migration issues is the Emigration Ordinance, 1982 supplemented by three Rules of 2002.

Those instruments have already proved to be outdated and failed to meet the need and complexities of the time. The Ordinance is failing to address the growing trend of migrant trafficking- abuse and exploitations in the guise of offering jobs overseas. However, there is no statistics on this.

Although to prosecute those new forms of crime (i.e., human trafficking in the forms of migration which included deception, coercion, fraud, abduction, confinement, slaver, rape, forced prostitution etc), several sections of the Penal Code and other special laws can be applied; however, there are lack of understanding, knowledge and appropriate training among the law enforcers, prosecutors and judges concerned.

In addition, there is hardly any example of prosecuting or punishing (other than “imposing fine” or “suspending” or “canceling” licenses) perpetrators who are responsible for cheating or exploiting the migrants.

Though the existing laws (i.e., Ordinance and Rules) require monitoring of activities of the Recruiting Agencies, however, those hardly happen due to so many reasons. The laws also lack any timeframe in this regards. Thanks to the lack of required work force in concerned departments and lack of innovation, motivation and dedication in the available work forces.

In addition, lack of skill of the potential migrants is a huge challenge. It is empirically proved that skills of the migrant workers could significantly contribute to reduce their vulnerabilities.

It is reported that 50 percent of our labour migrants are unskilled; and in total 66 percent are reportedly semiskilled.

In case of Philippines, 58 percent of the migrants are skilled where as 9.6 percent are professionals, and 32.4 percent is unskilled.

That is why, Philippines, in 2008, earned US$ 33 billion as remittance sending fewer number of migrants compared to us.

Therefore, Bangladesh needs a comprehensive approach to enhance the skills of the potential migrants including setting standards for those involved in such trades in comparison with global need and demand.

Protection of the Migrant Workers

The Constitution of the country guarantees for an “equal protection of law” for all citizen. The migrants are citizens at the same time.

The major legal instrument, the Emigration Ordinance, 1982 (complemented by three Rules in 2002), does not have sufficient scope to protect the rights of the migrant workers in case of violations of their rights.

There is lack of remedial measures and activities due to “narrow provision” in related laws, and also lack of understanding and training on other alternative laws.

Therefore, there is a growing acknowledgement for adoption of a comprehensive legal framework to regulate the sector efficiently (i.e. along with a law penalizing human trafficking in the form of labour migration).

The number of victims should not be an issue; if a single individual is exploited in the migration process that deserves attention and actions of all concern. And state is primarily obligated to respond and to take actions to ensure protection and prosecution of the perpetrators.

The reported corruption by those who are managing and running the migration activities needs to be intervened and investigated properly.

This is allegedly happening in processing recruitment order, issuing clearances and completing other formalities.

Bangladesh also did not ratify the major human rights treaty dealing with the migrants’ rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990 (the Convention).

The country has signed it on 7 October 1998, though the Law Commission had recommended for its ratification.

Tough migrants are contributing hugely to the exchequer through their hard-earned remittances, however, they are apparently not getting due protection from the state in terms of safeguarding their rights (i.e., right to life, right to personal security, freedom from exploitation etc).

There are likely apparently, lack of political will of the successive governments, lack of legal and administrative mechanisms, and reported indifferent attitudes of the concerned officials are held responsible.

According to recent press reports, the President of Indonesia has formed an investigation committee and taken a tough position following death of a female migrant worker in Saudi Arabia from his country (The Daily Star, 20 November 2010, page no. 7).

Unfortunately, we hardly see any strong urge for a proper investigation in case of the so-called accidental or unnatural death of Bangladeshi-origin migrants.

As reported, during the period from 2002 to 2008, 12,307 death bodies of migrants have been sent to Bangladesh.

The year-wise breakdowns are 788 in 2004, 1,248 in 2005, 1,402 in 2006, 1,673 in 2007 and 2,237 in 2008. However, the number jumped up to 1,044 from the period between January 2009 and May 2009, according to an article by Md. Abu Raihan and S. M. Mostafa Kamal in the January 2010 issue of BIISS Journal.

Respective researchers and activists believe that the actual number of the so-called accidental or unnatural deaths of Bangladeshi-origin migrants would be higher than which are documented or come to public.

The reasons hold responsible for those deaths included job insecurity, tensions at workplace, and poor, unhealthy and risky working conditions among others. The average age of the dead migrants are estimated between 25 and 30 years.

The foreign employers allegedly reported those dead migrants as “illegal workers” to avoid their responsibilities. This deprived the respective families to get due compensation from the respective employers, the article mentioned.

The abuses and exploitations in the process of migration (at home, transit and destination countries) are going on. The types of exploitations include- deception, coercion, arbitrary confinement, illegal detention, deprivation of right to life and personal security, deprivation of dignity, deprivation from right to work and earn, sexual exploitation, deprivation of right to safe migration. Sufferings and experiences of some of the victims tantamount to that of the victims of trafficking, as this writer documented.

There are nearly 800 Recruiting Agencies (RA), who are also failing to contribute in protecting the rights of the migrants.

We are very much focused on the total amount of the remittances earned annually; however, unfortunately, we are not focusing on the individual exploitations and violations of rights of an individual migrant. That is why there is need to make a balance between the two.

Though the Constitution of the country guarantees equal protection of law, and freedom from all forms of exploitations, unfortunately, those guarantees are not working in case of sufferings of the migrant workers. The respective state machineries are failing in this respect. The National Human Rights Commission should take note of that.

Way Forward

As mentioned earlier, there is a lack of effective legal framework and non-implementation of the existing ones to regulate the migration sector.

However, in the name of adopting a new law, we should not go for so-many complex provisions, which prescribe, for “heavy-handed authority” or “other structure” and thus go for creating so many layers in the judicial system. Rather, we should focus on how we could go for implementation of the existing legal frameworks effectively along with look for an appropriate amendment.

Bangladesh should also ratify the International Convention on the Protection of the Rights of the Migrant Workers and Members of their Family, 1990. However, merely, ratification would not bring any benefit unless it’s very provisions and spirits are translated into the national legal framework and implemented.

The Government should go forward with its own vision and priority rather than to fall in the “trap of projects.” It should draw up short and long-term strategies and for their implementation. It should have a well coordination among various ministries and departments.

Government should not sit idle on the duplication of so-called studies and researchers. It should review the already done studies and review the viability of recommendations with an aim to implementation.

Immediately, the Government should allocate required financial and other resources for better management and governance of the sector, deploy required human resources and enhance their capacity and skill, amending obsolete legal framework and their proper implementation.

Government should also make effective partnership with private sector including NGOs in awareness raising and skill training. For this, best practices should be promoted and replicated. In this regard, I would like to refer to the awareness programme on safe migration undertaken by BRAC, which has covered 1.7 million migrants and their family members over four years.

Given the importance of the sector, there is a dire need to establish a center of excellence, devoted to training, research, publication and advocacy on migration related issues at national, regional and international level.

In addition, a high-level authority under the Office of the Prime Minister should work to bring coordination among respective ministries and departments.

There should be initiatives to incorporate migration related courses at our mainstream education from higher to university levels (i.e., as part of social science, human rights and legal course).

Curriculum of specialized training institutes should introduce migration issues in their curriculum. That would contribute immediately to have a pool of government officials and other practitioners to manage, bargain, and negotiate activities effectively related to migration sector.

I believe immediate implementation of those measures could boost safe migration and remittances, and to protect rights of the individual migrants.

*The is an slightly edited version of a paper presented at a seminar organized by BRAC on 12 December 2010 in Dhaka.

Uttam Kumar Das, Ph.D., is a Human Rights Lawyer specializing in migration issues. He is admitted as an Advocate (Attorney) in the Supreme Court of Bangladesh, and currently serving with the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS) as Deputy Director. However, opinion expressed here is author’s own. His contact: uttam@sails-law.org.