By DR. UTTAM KUMAR DAS
What is more important for Bangladesh- preventing human trafficking or promoting safe migration?
To me, both deserve equal attention and appropriate interventions by the government and all concerned.
It is evident that neglecting one could instigate another and vise versa.
However, what do we see to happen? Especially, in Bangladesh, there is disproportionately more attention and emphasis on activities focusing on trafficking.
Human trafficking or Trafficking in Persons (TIP) is considered as a modern form of slavery. It turned to a global concern given its multi-dimension- criminal, legal, human rights, health, and moral aspects among others. There is political dimension as well.
There is a general believe that trafficking is contributed by the much known “demand and supply factors.” It has other sides as well.
No country is immune from this vise. Even, the United States, which is “monitoring performances of other States” with regard to prevention, prosecution, and protection of the victims, is not free from this. It is affected by trafficking crimes domestically and at cross-border levels.
Sex and labour trafficking is a huge problem there, as I understood during my recent stay in the country for a year. NGOs there are very much critical of government’s policies and actions.
Trafficking is not only driven by “demand and supply factors.” There are other reasons also: it is now widely acknowledged that human trafficking is an outcome of discriminatory global economic order and disproportionate sharing of wealth, and bad governance and lack of rule of law in a given country.
No other person, but the Chairman of the National Human Rights Commission of Bangladesh, Dr. Mizanur Rahman who himself is a Professor of International Law believes so; and mentioned this strongly in recent conversations with me.
According to him: “Trafficking or similar other phenomenons are outcome of the discriminatory global economic order.” Under the so-called globalization process, capitals are moving across borders; however, human beings are not allowed for the same, as he pointed out.
Also, the so-called counter-terrorism moves in response to 9/11 have prompted to make the border control stringent. That is why people now have more barriers to go out of his or her own countries and enter into desired ones for economic or other reasons.
Even, the asylum seekers and refugees fleeing from persecution have to face restrictions and barriers to move, which are in contradictions to set norms of international human rights regimes.
That is why people become desperate and look for an alternative to move from one place to another in clandestine ways, even paying enough to and relying on human smugglers and thus fall in the trap of traffickers. The intended movers have no other options but to fall in those traps.
Even developed countries allegedly don’t issue visa against the number of migrant workers they need for keeping their industry and economy operative in a given year. This trend insists people to find alternative ways; even sometime, risking own life.
Thus, in the migration process, some become victims of trafficking. However, we need to understand the abuses and exploitations in the migration processes and becoming victims of trafficking are not the same. Both might have cross-cutting elements, however, motives behind, purpose, mode, technique, and consequences are very different for the two.
Bangladesh is considered as a source country for human trafficking. Especially, trafficking of young girls, women and children are reported to be at a serious form. At the latest, human trafficking in the form of offering overseas jobs are becoming concerns. However, we don’t have any reliable statistics in this regard. The figure cited by NGOs, sometime, contradicts one another.
Poverty, over population, lack of livelihood options, illiteracy, lack of awareness, social discrimination, corruption, lack of rule of law and access to justice etc among others are considered as contributing factors to human trafficking.
However, is incidents of trafficking outnumber other forms of human rights violations in Bangladesh? It is the time to reflect on this.
I am not to diminish the seriousness of violations of human rights through trafficking. However, my point is whether we are paying more attention to the issue undermining other contemporary problems. What about child and bonded labour within the country, forced prostitution, violence against (garment) workers, hunger and poverty?
It is the fact that the “seriousness of human trafficking” brought to the forefront mostly by NGOs here (like other regions). However, it was not without a reason. There had been a connection between the flows of funding from the donor agencies-mainly the western ones and NGO initiatives.
For a decade or so, the developed countries have reportedly been investing to “anti-trafficking” initiatives as a mean to achieve goals for their broader border control strategies. Those aim so that people have been barred even to reach to their respective borders.
This could heavily contribute to impose restriction on people’s movement, mainly from developing countries like ours towards developed ones. That is why number of internally displaced persons (IDPs) in developing and under-developed countries is increasing while number of asylum seekers or refugees in developed countries decreased. Why this contradiction?
Developed countries now reportedly have to spend comparatively less for activities linked to processing asylum applications, detaining, maintaining or deporting “illegal immigrants among others,” since less people now could reach their territories.
As in the asylum system, developed countries have already introduced the so-called third country protection mechanism- meaning potential asylum seekers and refugees are barred to enter into their territory; instead they had to stay and live at detention centers for years under a so-called out-sourced mechanism in a third country having funding for allowing these activities. For example, Australia has used Nauru, and Italy used Malta for those purposes.
Coming back to Bangladesh, our government was under compulsion to act upon on trafficking issues under pressures from NGOs.
There was another reason as well- the “tier system” in the annual Trafficking in Persons Report published by the U.S. Department of State. For example, in 2010, Bangladesh is put in tier 2 watch lists, which reflected country’s inability to respond to the problem of trafficking as “expected”.
Earlier, Bangladesh was put in tier 3, which is considered as the worst performances.
In deed it is the fundamental rights for a citizen of Bangladesh, to enjoy right to life and personal liberty, equal protection of law, and to be free from exploitations (slavery) among others.
I am mentioning all these issues here, having observed the phenomenon that most of organizations earlier working in “anti-trafficking initiatives” are now moving towards “migration area;” again responding to donor’s choices and priorities.
All are free to work on an issue whatever makes them interested. However, question comes in whether someone has relevant capacity and skills for all works.
However, unfortunate point is that there is no preference to the national interest. Even, the governmental agencies are failing to respond in a right direction.
Given the context of Bangladesh, promotion of safe and regular migration deserves to get prime and outmost importance; however, it is not getting so (again there is no funding for such activities).
It is widely acknowledged that more than seven million Bangladesh-origin persons are now working or living abroad. In 2009, the country has earned US$ 10.72 billion as remittances through migration of 475,000 persons mostly as contractual labour migrants. There is a trend of 17 percent growth in remittances since 2001. The remittances are 13 percent of country’s GDP. Remittances are contributing to reduce 6 percent of poverty per annum. It (remittance) is 12 and 6 times higher respectively than the Overseas Development Assistance (ODA) and Foreign Direct Investment (FDI) in Bangladesh.
Though professionals from Bangladesh are going abroad with jobs, however, majority are of other categories-66 percent constitutes semi-skilled.
Given this huge contribution of migration, our successive governments are failing to respond adequately to meet the need and demand of this emerging sector- both from public and private sectors.
There are “huge activities” in respond to the human trafficking in Bangladesh. There are Inter-Ministerial Committee, Project Implementation Committee, Coordination Committees at District, Sub-districts, and union levels to coordinate “anti-trafficking activities.”
There are so-called awareness programmes up to village levels. One donor agency has reportedly spent US$ 1.7 million in three years for “technical training and raising awareness.” However, those activities did not get expected outcomes, since it has nothing to do with people’s economic or livelihood options. Also, those activities did not sustain since it was merely fund-driven.
On the contrary, what do we see in the migration sector- there are hardly such committees to promote and coordinate activities to promote safe migration from the capital to the village (except few initiatives by BRAC and others).
Even, there is likely no coordination among the activities of line ministries, i.e., Ministry of Expatriates’ Welfare and Overseas Employment (MOEWOE), Ministry of Home Affairs, Ministry of Law, Justice and Parliamentary Affairs, Ministry of Foreign Affairs among others.
I have been advocating for a high-powered committee under the Prime Minister’s Office (PMO) to coordinate and streamline activities. (I am informed that at the latest there is an initiative to coordinate activities by the Principal Secretary at PMO).
In a recent workshop (on 13 December) on migration issues organized by the Refugee and Migratory Movements Research Unit (RMMRU), the issue of over emphasizing on “anti-trafficking initiatives” came in at discussion.
Human Rights Lawyer Adilur Rahman Khan rightly pointed out that Bangladesh should take a caution so that it does not stop people’s right to movement (go out of the country, which is a fundamental right) in the name of preventing so-called human trafficking.
There is empirical evidences that expanding opportunities for people’s safe and regular migration could contribute to curbing human trafficking. If someone has opportunity to migrate safely, why he/she would take risk of his/her own life. However, we hardly look into this aspect.
That is why Bangladesh needs to move its main focus from preventing human trafficking to promoting safe migration.
Definitely, government should ensure effective mechanisms to prosecute crimes of human trafficking and similar other crimes and continue activities to raise people’s awareness on this.
However, in the name of prosecution, we should not come up with bunch of new laws prescribing “heavy-handed authorities.” We should be realistic in our own context and focus on the proper implementation of existing laws- if required there should be required amendment and modification to meet the need to the time. However, emphasis should be on implementation of existing laws and regulations. For this, logistics and training for investigators, prosecutors and judges are required.
A comprehensive law does not mean to bring a set of new laws and lofty ideas which are impractical to implement in our context. We are also becoming sectoral; none is looking into the criminal justice system as a whole.
Also, there are roles to play by the government, UN agencies, and inter-governmental and non-governmental organizations: to negotiate with prospective destination countries to expand opportunities for safe and regular migration. The government should also look into the matter of expanding skill and capacity of would be migrants.
© Dr. Uttam Kumar Das. Prior permission is required to republish or quote.
The writer is an Advocate (Attorney) at the Supreme Court of Bangladesh, and specializes on International Human Rights Law and Migration Issues. E-mail contact: udas1971@gmail.com.
Showing posts with label Migration. Show all posts
Showing posts with label Migration. Show all posts
Thursday, December 16, 2010
Opinion: International Migrants Day
December 18 is celebrated as the International Migrants Day. This is to mark the adoption on December 18, 1990 of the International Convention on the Protection of the Rights of All Migrants Workers and Members of their Families. The United Nations declared December 18 as the International Migrants Day through a resolution (No. 55/93) adopted on December 4, 2000.
However, the Convention came to effect on July 1, 2003 with the ratification by 20 State Parties. The number of ratifying states is now 44.
Given the context of being a migrant workers (majority are contractual labour for a specific period of time) exporting country, the Migrants Day has a great significance in Bangladesh.
Tough Bangladesh has signed the Convention back in 1998; however, it did not ratify the instrument in the last one decade. However, good news is that the present government has decided to ratify the Convention. This is a good move.
However, merely ratification will not bring any benefit unless the provisions of the Convention is adopted in the form of national legal framework and implemented effectively. There will be need for policy and administrative measures to streamline migration sector.
Though the Convention is a human rights instrument, however, it prescribes procedures for management and governance of migration and protection of rights of migrants both at the sending and receiving ends.
Despite of having a great potential and huge economic contribution, the migration sector in Bangladesh is apparently left neglected and is facing hurdle with tremendous challenges from lack of skills of would-be migrants, limitations in capacity and skills in managing migration both in public and private sectors, lack of governance, and growing trends of abuses and exploitation of migrants at home and abroad.
There is lack of political will supplemented by lack of administrative and legal measures. At the same time, the existing legal frameworks prove to be outdated to regulate and it is not taken to implement effectively.
The government should also focus all its activities to promote and expand safe-migration.
The so-called anti-human trafficking initiatives and drives, which tantamount to curtail people’s right to move, should be modified and turned to be focused on promoting safe and regular migration. That would contribute to curb trafficking.
The destination countries and development partners should also move forward in that direction.
Dr. Uttam Kumar Das
Advocate
Supreme Court of Bangladesh
Dhaka
E-mail: udas1971@gmail.com
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.
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.
Monday, November 22, 2010
Managing Migration Sector [in Bangladesh]*
Dr. Uttam Kumar Das
Bangladesh is a major country of origin for migrant workers. It is estimated that more than seven million Bangladeshis are now working and living abroad. It has a huge potential given the demand overseas for workers and challenges with lack of governance and malpractices in the sector.
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).
In this article, the migrant workers are referred to those who are going abroad temporarily with contractual jobs.
Given the over population in Bangladesh, limited resources, and limited number of available jobs both in public and private sectors we are having difficulty in absorbing all our active and working people joining the workforce each year.
On the other hand, countries in the Western Europe, North America, Africa and even in the Eastern Asia need migrant workers to meet up their need to run the industries, construction works, health, hospitality, and service sectors among others.
The country could earn a record amount of US$ 9.6 billion as remittances during 2008-2009 fiscal year. In the year of 2009, the amount was again nearly US$ 10 billion (74,000 crore Taka) though the year was hit by the global economic recession. Actually, the remittance remained almost steady though the number of migrating population get down to almost half (475,000) in 2009.
There has been a prediction that by 2015 we could go to earn an annual target of US$ 30 billion as remittances if we could expand overseas job markets, make our migrant workers skilled, and remittances are sent through official channels.
So far we have no tangible progress in this regard. According to a senior official of the Bureau of Manpower, Employment and Training (BMET), the country has reached an amount of US$ 15 billion as remittances by 2015 if the existing trend of migration continues.
In the present scenario, the labour migration sector has been facing the following challenges: lack of initiative to make the potential migrants more skilled and efficient for the prospective jobs, lack of capacity, governance, responsibility and accountability both in public and private sectors with regard to managing the ever growing demand, growing incidents of abuses and exploitations in the migration processes at home and abroad (some of which are tantamount to human trafficking), lack of administrative and legal framework to prevent and prosecute those wrong doings effectively etc.
Though there have been some initiatives for offering training to the potential migrants through government run training centers, however, those are not systematic, and not up to the mark to meet the need of the present global standard. Our workers lack in skills of language and attitude and manner as well.
That is why our migrant workers find them helpless while they are joining in the real work abroad.
The workers from Philippines or Sri Lanka who are adequately skilled could bargain for their services and are less vulnerable for their empowerment being skilled and could earn two to five times more for the same work and time in comparison with Bangladeshi workers.
The skill training provided by the so-called private recruiting or other agencies are simply a way of grabbing money from the innocent migrants.
Though there are nearly 800 Recruiting Agencies, however, government does not have adequate monitoring mechanism and schemes to oversee their activities. Also, there is no training program as such for the staff members of those agencies on ethics, human rights and other related issues. The apex body of the Bangladesh Association of International Recruiting Agencies (BAIRA) is also failing to make effective monitoring over its respective members and combating unholy recruiting practices by its members.
There have been unholy networks and competitions among the Recruiting Agencies and their agents at home and abroad. That is why the migration costs are scoring high violating the amount prescribed by the government. Where the employers are paying pre-migration remittances for hiring a female migrant worker, on the contrary the Recruiting Agencies are charging a significant amount from them (migrant). These practices do force a migrant to sell out his/her belongings or take loan with exorbitant interest rates. That is also contributing to landlessness of exploited migrants (both male and female) as a 2008 study of the International Organiz-ation for Migration (IOM) conducted by Professor Mokaddem Hossian and Professor Mahbuba Nasreen in Bangladesh shown.
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 the sufferings of the migrant workers. The respective state machineries are failing in this respect. The National Human Rights Commission should take note of that.
The capacities of the related government agencies, i.e., Ministry of Expatriates’ Welfare and Overseas Employment (MOEWOE), Bureau of Manpower, Employment and Training (BMET) and District Employment and Manpower Office (DEMO) do not have sufficient manpower to manage this huge sector.
Although most of our migrant workers are going abroad through their own connections or through the Recruiting Agencies, however, the government has an overall role to monitor, regulate and govern the sector.
The manpower at all the related agencies mentioned are not adequate in number as required and not qualified, trained or motivated for their respective jobs for so many reasons. There is also lack of budgetary, logistical and other constraints.
The total number of Labour Attaches is now 14 who are based in 12 countries. Those officers are deputed from the administration and other cadres. There has been demand for a permanent cadre for the Labour Attaches who would be adequately trained and could manage the sector either working at home or abroad.
The Secretary to the MOEWOE, Dr. Zafar Ahmed Khan mentioned at a seminar in Dhaka on 11 October 2010 that though there is a huge contribution to our remittances by the migrant workers, however, the sector is not getting adequate attention of the government, and there is no well-coordinated planning so far. According to him, the growth of remittances flow since 2001 is 17% per year on an average. The official remittances flow is 13% GDP. It is 12 and 6 times more respectively of the Overseas Development Assistance (ODA), and Foreign Direct Investment (FDI).
However, as he exampled, the ERD has four times more staff members than the MOEWOE, where the former (ERD) manage an annual aid flow of nearly US$ 1.5 billion.
There is a lack of comprehensive legal framework to govern the migration sector. 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 their violations of rights. There is lack of remedial measures and activities due to “narrow provision” in related law, and also lack of understanding and training on other alternative laws. Therefore, there is a growing acknowledgment for adoption of a comprehensive legal framework to manage the migration sector efficiently (i.e. along with a law penalizing human trafficking in the form of labour migration and related exploitations).
The reported corruption by those who are managing and running the migration activities needs to be intervened. This is allegedly happening in processing recruitment order, issuing clearance and immigration processes.
Bangladesh also did not ratify the major human rights treaty dealing with the migrants workers, 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 that time.
It is now widely acknowledge that Bangladesh should ratify the Convention immediately. The ratification would boost country’s image with regard to its commitment for promoting and protecting human rights; at the same time it would contribute to the streamlining the administrative and legal frameworks and measures and initiating related institutional mechanisms among others as demanded by the Convention. However, only ratification will bring no benefit if it is not adopted in the domestic legislation and implemented progressively. In this case, the above-mentioned points deserve serious consideration.
There are quarters with their vested interests who are opposing the ratification of the Convention and reform in the migration management.
As a legal researcher and practitioner, I do observe that there will be no additional obligations (other than the Constitutional and other obligations already in place through ratification of other related international human rights instruments) on Bangladesh, if it ratifies the Convention.
I am also worried with one phenomenon: there are bunch of studies, series of meetings, discussions, or consultations on migration sectors by various stake holders including by the government and the development partners (of course there are duplications as well).
The MOEWOE has drafted a 9-point strategy paper in 2007. The International Organisation for Migration (IOM) undertook five studies including the review of the overall labour migration sector of Bangladesh. All the reports had reportedly been submitted to respective ministries and departments. However, there is no reported follow-up activity so far. There are initiatives by others. All those need a well-coordination.
Also, there is lack of effective coordination among the related ministries and departments in managing and regulating the migration sector. There should be working coordination among them (especially, the MOEWOE, and ministries like Foreign Affairs, Home Affairs, Law, Justice and Parliamentary Affairs among others).
Given the importance of the sector, there is a dire need to establish a center of excellence, devoted training, research, publication and advocacy on migration related issues at national, regional and international level. Also, a higher authority under the Office of the Prime Minister should work to bring coordination among the activities.
We also need 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). That will contribute to have a pool of future government officials, administrators, academics, diplomats, lawyers, judges among others sensitized on migration issues.
Curriculum of specialized training institutes like Bangladesh Public Administration Training Center, Bangladesh Civil Service Academy, Bangladesh Institute of Administration Management, Bangladesh Academy for Rural Development, Foreign Service Academy, Judicial Administration Training Institution, Bangladesh Bar Council among others should introduce migration issues in their training curriculum. That would contribute immediately to have a pool of government officials and other practitioners to manage, bargain, and negotiate effectively activities related to migration sector.
Dr. Uttam Kumar Das is Deputy Director, South Asian Institute of Advanced Legal and Human Rights Studies (SAILS), Dhaka.
* Originally appeared in the Daily Sun newspaper in Dhaka as a serialized article on 5, 6, and 7 November 2010. Links:
http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=05-11-2010&type=daily_sun_news&pub_no=31&menu_id=17&news_type_id=1&news_id=5452
http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=06-11-2010&type=daily_sun_news&pub_no=32&menu_id=17&news_type_id=1&news_id=5681
http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=07-11-2010&type=daily_sun_news&pub_no=33&menu_id=17&news_type_id=1&news_id=5916
Bangladesh is a major country of origin for migrant workers. It is estimated that more than seven million Bangladeshis are now working and living abroad. It has a huge potential given the demand overseas for workers and challenges with lack of governance and malpractices in the sector.
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).
In this article, the migrant workers are referred to those who are going abroad temporarily with contractual jobs.
Given the over population in Bangladesh, limited resources, and limited number of available jobs both in public and private sectors we are having difficulty in absorbing all our active and working people joining the workforce each year.
On the other hand, countries in the Western Europe, North America, Africa and even in the Eastern Asia need migrant workers to meet up their need to run the industries, construction works, health, hospitality, and service sectors among others.
The country could earn a record amount of US$ 9.6 billion as remittances during 2008-2009 fiscal year. In the year of 2009, the amount was again nearly US$ 10 billion (74,000 crore Taka) though the year was hit by the global economic recession. Actually, the remittance remained almost steady though the number of migrating population get down to almost half (475,000) in 2009.
There has been a prediction that by 2015 we could go to earn an annual target of US$ 30 billion as remittances if we could expand overseas job markets, make our migrant workers skilled, and remittances are sent through official channels.
So far we have no tangible progress in this regard. According to a senior official of the Bureau of Manpower, Employment and Training (BMET), the country has reached an amount of US$ 15 billion as remittances by 2015 if the existing trend of migration continues.
In the present scenario, the labour migration sector has been facing the following challenges: lack of initiative to make the potential migrants more skilled and efficient for the prospective jobs, lack of capacity, governance, responsibility and accountability both in public and private sectors with regard to managing the ever growing demand, growing incidents of abuses and exploitations in the migration processes at home and abroad (some of which are tantamount to human trafficking), lack of administrative and legal framework to prevent and prosecute those wrong doings effectively etc.
Though there have been some initiatives for offering training to the potential migrants through government run training centers, however, those are not systematic, and not up to the mark to meet the need of the present global standard. Our workers lack in skills of language and attitude and manner as well.
That is why our migrant workers find them helpless while they are joining in the real work abroad.
The workers from Philippines or Sri Lanka who are adequately skilled could bargain for their services and are less vulnerable for their empowerment being skilled and could earn two to five times more for the same work and time in comparison with Bangladeshi workers.
The skill training provided by the so-called private recruiting or other agencies are simply a way of grabbing money from the innocent migrants.
Though there are nearly 800 Recruiting Agencies, however, government does not have adequate monitoring mechanism and schemes to oversee their activities. Also, there is no training program as such for the staff members of those agencies on ethics, human rights and other related issues. The apex body of the Bangladesh Association of International Recruiting Agencies (BAIRA) is also failing to make effective monitoring over its respective members and combating unholy recruiting practices by its members.
There have been unholy networks and competitions among the Recruiting Agencies and their agents at home and abroad. That is why the migration costs are scoring high violating the amount prescribed by the government. Where the employers are paying pre-migration remittances for hiring a female migrant worker, on the contrary the Recruiting Agencies are charging a significant amount from them (migrant). These practices do force a migrant to sell out his/her belongings or take loan with exorbitant interest rates. That is also contributing to landlessness of exploited migrants (both male and female) as a 2008 study of the International Organiz-ation for Migration (IOM) conducted by Professor Mokaddem Hossian and Professor Mahbuba Nasreen in Bangladesh shown.
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 the sufferings of the migrant workers. The respective state machineries are failing in this respect. The National Human Rights Commission should take note of that.
The capacities of the related government agencies, i.e., Ministry of Expatriates’ Welfare and Overseas Employment (MOEWOE), Bureau of Manpower, Employment and Training (BMET) and District Employment and Manpower Office (DEMO) do not have sufficient manpower to manage this huge sector.
Although most of our migrant workers are going abroad through their own connections or through the Recruiting Agencies, however, the government has an overall role to monitor, regulate and govern the sector.
The manpower at all the related agencies mentioned are not adequate in number as required and not qualified, trained or motivated for their respective jobs for so many reasons. There is also lack of budgetary, logistical and other constraints.
The total number of Labour Attaches is now 14 who are based in 12 countries. Those officers are deputed from the administration and other cadres. There has been demand for a permanent cadre for the Labour Attaches who would be adequately trained and could manage the sector either working at home or abroad.
The Secretary to the MOEWOE, Dr. Zafar Ahmed Khan mentioned at a seminar in Dhaka on 11 October 2010 that though there is a huge contribution to our remittances by the migrant workers, however, the sector is not getting adequate attention of the government, and there is no well-coordinated planning so far. According to him, the growth of remittances flow since 2001 is 17% per year on an average. The official remittances flow is 13% GDP. It is 12 and 6 times more respectively of the Overseas Development Assistance (ODA), and Foreign Direct Investment (FDI).
However, as he exampled, the ERD has four times more staff members than the MOEWOE, where the former (ERD) manage an annual aid flow of nearly US$ 1.5 billion.
There is a lack of comprehensive legal framework to govern the migration sector. 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 their violations of rights. There is lack of remedial measures and activities due to “narrow provision” in related law, and also lack of understanding and training on other alternative laws. Therefore, there is a growing acknowledgment for adoption of a comprehensive legal framework to manage the migration sector efficiently (i.e. along with a law penalizing human trafficking in the form of labour migration and related exploitations).
The reported corruption by those who are managing and running the migration activities needs to be intervened. This is allegedly happening in processing recruitment order, issuing clearance and immigration processes.
Bangladesh also did not ratify the major human rights treaty dealing with the migrants workers, 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 that time.
It is now widely acknowledge that Bangladesh should ratify the Convention immediately. The ratification would boost country’s image with regard to its commitment for promoting and protecting human rights; at the same time it would contribute to the streamlining the administrative and legal frameworks and measures and initiating related institutional mechanisms among others as demanded by the Convention. However, only ratification will bring no benefit if it is not adopted in the domestic legislation and implemented progressively. In this case, the above-mentioned points deserve serious consideration.
There are quarters with their vested interests who are opposing the ratification of the Convention and reform in the migration management.
As a legal researcher and practitioner, I do observe that there will be no additional obligations (other than the Constitutional and other obligations already in place through ratification of other related international human rights instruments) on Bangladesh, if it ratifies the Convention.
I am also worried with one phenomenon: there are bunch of studies, series of meetings, discussions, or consultations on migration sectors by various stake holders including by the government and the development partners (of course there are duplications as well).
The MOEWOE has drafted a 9-point strategy paper in 2007. The International Organisation for Migration (IOM) undertook five studies including the review of the overall labour migration sector of Bangladesh. All the reports had reportedly been submitted to respective ministries and departments. However, there is no reported follow-up activity so far. There are initiatives by others. All those need a well-coordination.
Also, there is lack of effective coordination among the related ministries and departments in managing and regulating the migration sector. There should be working coordination among them (especially, the MOEWOE, and ministries like Foreign Affairs, Home Affairs, Law, Justice and Parliamentary Affairs among others).
Given the importance of the sector, there is a dire need to establish a center of excellence, devoted training, research, publication and advocacy on migration related issues at national, regional and international level. Also, a higher authority under the Office of the Prime Minister should work to bring coordination among the activities.
We also need 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). That will contribute to have a pool of future government officials, administrators, academics, diplomats, lawyers, judges among others sensitized on migration issues.
Curriculum of specialized training institutes like Bangladesh Public Administration Training Center, Bangladesh Civil Service Academy, Bangladesh Institute of Administration Management, Bangladesh Academy for Rural Development, Foreign Service Academy, Judicial Administration Training Institution, Bangladesh Bar Council among others should introduce migration issues in their training curriculum. That would contribute immediately to have a pool of government officials and other practitioners to manage, bargain, and negotiate effectively activities related to migration sector.
Dr. Uttam Kumar Das is Deputy Director, South Asian Institute of Advanced Legal and Human Rights Studies (SAILS), Dhaka.
* Originally appeared in the Daily Sun newspaper in Dhaka as a serialized article on 5, 6, and 7 November 2010. Links:
http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=05-11-2010&type=daily_sun_news&pub_no=31&menu_id=17&news_type_id=1&news_id=5452
http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=06-11-2010&type=daily_sun_news&pub_no=32&menu_id=17&news_type_id=1&news_id=5681
http://www.daily-sun.com/index.php?view=details&archiev=yes&arch_date=07-11-2010&type=daily_sun_news&pub_no=33&menu_id=17&news_type_id=1&news_id=5916
Wednesday, October 20, 2010
Migrant rights and Bangladesh
The Ratification of the Migrant Rights Convention: Bangladesh Perspective
By DR. UTTAM KUMAR DAS
Bangladesh is a major country of origin for migrant workers. It is estimated that more than seven million Bangladeshis are now working and living abroad. Those migrant workers are also contributing hugely to our foreign exchange earnings. In 2009, the amount was reportedly 75,000 crore taka (about US$ 10 billion).
Though the sector has huge potential, given the demand for migrant workers in the Middle Eastern, West European, African and North American countries, there are challenges as well due to the low skills of the migrant workers, lack of capacity in both public and private sector in managing the migration sector, and lack of regulatory framework and other measures.
The existing institutions (i.e., Ministry of Expatriates Welfare and Overseas Employment, Bureau of Manpower and Training, and District Employment and Manpower Office etc) also have their own limitations with regard to manpower, capacity, technological, and other logistical aspects to better manage the sector. The State is yet to ratify the vital international instrument in this regard, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990.
THE CONVENTION
The Convention is considered as a human rights instrument. It creates new grounds by extending protection to migrant workers and members of their families globally.
The Convention came into force on 1 July 2003. The adoption of this instrument is viewed as “…how the international community conceives of the application of human rights in its provisions for equality of treatment between different groups of migrant workers: male and female, documented and undocumented, and also between the nationals and non-nationals,” as Dr. Refaat Ahmed (who is now a Justice at the High Court Division of the Supreme Court of Bangladesh) commented in his book, Forlorn Migrants: An International Legal Regime for Undocumented Migrant Workers (Dhaka: UPL, 2000, p. 36).
As of 10 October 2010, the number of signatories to the instrument stood at 31 (including Bangladesh) while number of ratifying State parties was 43. Bangladesh signed the instrument on 7 October 1998 though the Law Commission recommended its ratification.
RIGHTS IN THE CONVENTION
The human rights are applicable to all migrant workers irrespective of their legal status, while other rights are applicable only to migrant workers in a regular situation. However, the Convention does not exclude undocumented workers totally. It has provided provisions for the “just treatment” for those who are in an undocumented or irregular situation. At the same time, the instrument seeks to draw the attention of the international community to the growing trend of dehumanization of the migrant workers and members of their families as well.
The Convention provides following rights to migrant workers (and members of their families):
• Right to life;
• Freedom of movement (Art. 8); [except for those are provided by law for national security, public order, public health and public morals etc].
• Right to equality;
• Prohibition against cruel, inhuman or degrading treatment or punishment;
• Freedom from slavery or servitude and forced or compulsory labour;
• Freedom from arbitrary expulsion;
• Right to privacy; etc.
RESPONSIBILITIES ON STATE PARTIES
For the State Parties to the Convention, there are two types of responsibilities. For a State which is sending migrant workers, the responsibilities are:
1. Allow its citizens seeking employment abroad and their return to the country;
2. Pre-departure information on the working conditions and other requirements;
3. Facilitate the exercise of the political rights by the migrant workers in the country of origin;
4. Provide adequate consular services;
5. Regulate recruitment procedures, which includes prevention of abuse in the recruitment practices;
6. Facilitate return of migrant workers; etc.
For the receiving States (if a party to the Convention), the obligations are:
1. Ensure liberty and security of person of the migrant workers; if deprived of shall be treated with humanity and with respect for inherent dignity of the human persons;
2. Avoid arbitrary deprivation of property;
3. Ensure safe working and living condition;
4. Ensure equal status with regard to access to court and tribunals;
5. Allow association and trade union activities;
6. Right to be recognized as a person before the law;
7. Facilitate family reunification; etc.
BANGLADESH PERSPECTIVE
Almost a decade has passed since Bangladesh has signed the Convention; however, the State is yet to ratify it. Bangladesh also lacks a comprehensive legal framework to govern the migration sector. The ratification to the Convention by Bangladesh would contribute to streamlining the administrative and legal frameworks and measures and initiating related institutional mechanisms among others. However, ratification will bring no benefit if it is not adopted in the domestic legislation and implemented progressively.
There will be no additional obligations on Bangladesh, if it ratifies the Convention. The Constitution of Bangladesh guarantees the following rights for the citizens. Mentionable among these are:
1. Equal protection of law;
2. Right to life and liberty;
3. Safeguards as to arrest and detention;
4. Prohibition of forced labour;
5. Protection in respect of trial and punishment;
6. Freedom of thought, conscience and religion;
There is a remedial mechanism as well if one is deprived of those rights [i.e., Right to enforcement of these rights]. As a citizen of Bangladesh, wherever one goes (as a migrant worker) s/he is entitled to have the Constitutional protection of respective rights; the State (Bangladesh) has a role here to ensure and facilitate the enjoyment and protection of those rights.
There are misconceptions that ratification of the Convention might make the labour receiving countries unhappy. This is not the case and also not justifiable through empirical evidences. The experiences of major labour sending countries like Philippines and Sri Lanka do not support that. After ratification of the Convention those States have gone for gradual streamlining of the migration sector through adopting legislative frameworks, institutional arrangements, skill development of migrant workers,
bringing accountability and transparency in the management, and effective monitoring mechanisms among others.
A quarter is reportedly propagating that if Bangladesh ratifies the Convention it would bring “more obligations” to the State for the incoming migrant workers here in Bangladesh. They are saying that through the ratification the Convention, theState would have more obligation with regard to “… respect and ensure the rights to freedom of movement, freedom from torture, freedom of thought, expression, conscience and religion, right to property, right to join freely any trade union etc. without any distinction of any kind...,”...
Only documented migrant workers (and their families) are entitled to have right to liberty of movement in the territory of the State of employment. However, this freedom is again restricted by the relevant laws of the State to protect national security, public order, public health and morals. Those rights have bearing effects in the International Covenant on Civil and Political Rights, 1966 (ICCPR) which Bangladesh has already ratified.
Right to property will be regulated by the respective law of the State; however, migrant workers could not be arbitrarily deprived of their property rights, which is a rule of a civilized law.
Freedom from torture is prohibited in Art 7 of the ICCPR. Bangladesh is also a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 which obliged the State Parties to “… take effective legislative, administrative, judicial or other measures to prevent acts of torture…”
Freedom of thought, expression, conscience and religion is guaranteed for “everyone” in the ICCPR (Art. 18); [Bangladesh is a party to that instrument already]. As it has been explained earlier what are the obligations imposed by the Convention for a ratifying State; those are nothing more than the Constitutional and other obligations already in place in case of Bangladesh [i.e., equal protection of law for every other person(non-citizen), Art. 31 of the Constitution]. At the same time, nothing in the Convention shall have the effect of relieving migrant workers (and their families) from either the obligation to comply with laws and regulations of a State (of employment).
I argue for immediate ratification of the Convention by Bangladesh. This will boost the image of the State in international community and give a moral position to negotiate with counterparts to promote safe migration for its nationals and to protect rights of the Bangladeshi-origin migrant workers. At the same time we should immediately go for adoption of appropriate regulatory regime and their enforcement.
Bangladesh is now a major player in the United Nations system and its human rights mechanisms. Therefore, the ratification of the Convention will pave a way for showing its commitment and credibility for the cause of promoting and protecting rights of the migrant workers.
(This article was presented in a seminar in Dhaka organized by WARBE Development Foundation and its partners on 11 October 2010).
*Originally appeared in the PROBE News Magazine, Dhaka, 15-21 October 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6432
By DR. UTTAM KUMAR DAS
Bangladesh is a major country of origin for migrant workers. It is estimated that more than seven million Bangladeshis are now working and living abroad. Those migrant workers are also contributing hugely to our foreign exchange earnings. In 2009, the amount was reportedly 75,000 crore taka (about US$ 10 billion).
Though the sector has huge potential, given the demand for migrant workers in the Middle Eastern, West European, African and North American countries, there are challenges as well due to the low skills of the migrant workers, lack of capacity in both public and private sector in managing the migration sector, and lack of regulatory framework and other measures.
The existing institutions (i.e., Ministry of Expatriates Welfare and Overseas Employment, Bureau of Manpower and Training, and District Employment and Manpower Office etc) also have their own limitations with regard to manpower, capacity, technological, and other logistical aspects to better manage the sector. The State is yet to ratify the vital international instrument in this regard, International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, 1990.
THE CONVENTION
The Convention is considered as a human rights instrument. It creates new grounds by extending protection to migrant workers and members of their families globally.
The Convention came into force on 1 July 2003. The adoption of this instrument is viewed as “…how the international community conceives of the application of human rights in its provisions for equality of treatment between different groups of migrant workers: male and female, documented and undocumented, and also between the nationals and non-nationals,” as Dr. Refaat Ahmed (who is now a Justice at the High Court Division of the Supreme Court of Bangladesh) commented in his book, Forlorn Migrants: An International Legal Regime for Undocumented Migrant Workers (Dhaka: UPL, 2000, p. 36).
As of 10 October 2010, the number of signatories to the instrument stood at 31 (including Bangladesh) while number of ratifying State parties was 43. Bangladesh signed the instrument on 7 October 1998 though the Law Commission recommended its ratification.
RIGHTS IN THE CONVENTION
The human rights are applicable to all migrant workers irrespective of their legal status, while other rights are applicable only to migrant workers in a regular situation. However, the Convention does not exclude undocumented workers totally. It has provided provisions for the “just treatment” for those who are in an undocumented or irregular situation. At the same time, the instrument seeks to draw the attention of the international community to the growing trend of dehumanization of the migrant workers and members of their families as well.
The Convention provides following rights to migrant workers (and members of their families):
• Right to life;
• Freedom of movement (Art. 8); [except for those are provided by law for national security, public order, public health and public morals etc].
• Right to equality;
• Prohibition against cruel, inhuman or degrading treatment or punishment;
• Freedom from slavery or servitude and forced or compulsory labour;
• Freedom from arbitrary expulsion;
• Right to privacy; etc.
RESPONSIBILITIES ON STATE PARTIES
For the State Parties to the Convention, there are two types of responsibilities. For a State which is sending migrant workers, the responsibilities are:
1. Allow its citizens seeking employment abroad and their return to the country;
2. Pre-departure information on the working conditions and other requirements;
3. Facilitate the exercise of the political rights by the migrant workers in the country of origin;
4. Provide adequate consular services;
5. Regulate recruitment procedures, which includes prevention of abuse in the recruitment practices;
6. Facilitate return of migrant workers; etc.
For the receiving States (if a party to the Convention), the obligations are:
1. Ensure liberty and security of person of the migrant workers; if deprived of shall be treated with humanity and with respect for inherent dignity of the human persons;
2. Avoid arbitrary deprivation of property;
3. Ensure safe working and living condition;
4. Ensure equal status with regard to access to court and tribunals;
5. Allow association and trade union activities;
6. Right to be recognized as a person before the law;
7. Facilitate family reunification; etc.
BANGLADESH PERSPECTIVE
Almost a decade has passed since Bangladesh has signed the Convention; however, the State is yet to ratify it. Bangladesh also lacks a comprehensive legal framework to govern the migration sector. The ratification to the Convention by Bangladesh would contribute to streamlining the administrative and legal frameworks and measures and initiating related institutional mechanisms among others. However, ratification will bring no benefit if it is not adopted in the domestic legislation and implemented progressively.
There will be no additional obligations on Bangladesh, if it ratifies the Convention. The Constitution of Bangladesh guarantees the following rights for the citizens. Mentionable among these are:
1. Equal protection of law;
2. Right to life and liberty;
3. Safeguards as to arrest and detention;
4. Prohibition of forced labour;
5. Protection in respect of trial and punishment;
6. Freedom of thought, conscience and religion;
There is a remedial mechanism as well if one is deprived of those rights [i.e., Right to enforcement of these rights]. As a citizen of Bangladesh, wherever one goes (as a migrant worker) s/he is entitled to have the Constitutional protection of respective rights; the State (Bangladesh) has a role here to ensure and facilitate the enjoyment and protection of those rights.
There are misconceptions that ratification of the Convention might make the labour receiving countries unhappy. This is not the case and also not justifiable through empirical evidences. The experiences of major labour sending countries like Philippines and Sri Lanka do not support that. After ratification of the Convention those States have gone for gradual streamlining of the migration sector through adopting legislative frameworks, institutional arrangements, skill development of migrant workers,
bringing accountability and transparency in the management, and effective monitoring mechanisms among others.
A quarter is reportedly propagating that if Bangladesh ratifies the Convention it would bring “more obligations” to the State for the incoming migrant workers here in Bangladesh. They are saying that through the ratification the Convention, theState would have more obligation with regard to “… respect and ensure the rights to freedom of movement, freedom from torture, freedom of thought, expression, conscience and religion, right to property, right to join freely any trade union etc. without any distinction of any kind...,”...
Only documented migrant workers (and their families) are entitled to have right to liberty of movement in the territory of the State of employment. However, this freedom is again restricted by the relevant laws of the State to protect national security, public order, public health and morals. Those rights have bearing effects in the International Covenant on Civil and Political Rights, 1966 (ICCPR) which Bangladesh has already ratified.
Right to property will be regulated by the respective law of the State; however, migrant workers could not be arbitrarily deprived of their property rights, which is a rule of a civilized law.
Freedom from torture is prohibited in Art 7 of the ICCPR. Bangladesh is also a party to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 which obliged the State Parties to “… take effective legislative, administrative, judicial or other measures to prevent acts of torture…”
Freedom of thought, expression, conscience and religion is guaranteed for “everyone” in the ICCPR (Art. 18); [Bangladesh is a party to that instrument already]. As it has been explained earlier what are the obligations imposed by the Convention for a ratifying State; those are nothing more than the Constitutional and other obligations already in place in case of Bangladesh [i.e., equal protection of law for every other person(non-citizen), Art. 31 of the Constitution]. At the same time, nothing in the Convention shall have the effect of relieving migrant workers (and their families) from either the obligation to comply with laws and regulations of a State (of employment).
I argue for immediate ratification of the Convention by Bangladesh. This will boost the image of the State in international community and give a moral position to negotiate with counterparts to promote safe migration for its nationals and to protect rights of the Bangladeshi-origin migrant workers. At the same time we should immediately go for adoption of appropriate regulatory regime and their enforcement.
Bangladesh is now a major player in the United Nations system and its human rights mechanisms. Therefore, the ratification of the Convention will pave a way for showing its commitment and credibility for the cause of promoting and protecting rights of the migrant workers.
(This article was presented in a seminar in Dhaka organized by WARBE Development Foundation and its partners on 11 October 2010).
*Originally appeared in the PROBE News Magazine, Dhaka, 15-21 October 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6432
Tuesday, February 9, 2010
Bangladesh needs Center of Excellence on Migration Studies*
Migration has always featured prominently in Bangladesh's socio-economic scene and it is gaining more significance with the matter of climate change; this calls for an institution to ensure best benefits from the issue
Dr. Uttam Kumar Das writes from Minneapolis, USA
The migration sector in Bangladesh needs streamlining. Its potentiality and prospective benefits for the country depend how the sector is managed and planned. There is a lot to do in terms of administrative, policy, legal and judicial intervention to get full and sustainable benefit out of the migration sector.
We can not sit idle. Given the situation of global warming and the rising sea level, migration of our population could be a vital way of bailing out.
The big question is, however, how will it be strategized and who will do the job? Is there any institution in place for this purpose? The answer is in the negative.
I devote this piece arguing for a dedicated institution on migration issues in Bangladesh which will be a center of excellence in research, education and training on migration solely. We don’t need such an institute just for the sake of a name. There are too many such commissions now struggling to survive. We don't need such an institution merely to increase the number of such bodies. Seriously speaking, we need an institution which will really work.
There is no denial of the importance of authentic research in planning policies and setting strategies. However, that research has to be innovative and practical oriented.
From my experience, I have seen that the government is doing this on an ad hoc basis: by the official from the related ministries and departments who may not have related expertise and professional skills (which is why such research hardly brings any outcome), or through consultants hired or funded by certain donor agencies. These are short-sighted indeed, and don’t serve the purpose of the country.
There are few non-governmental organizations as well (run by academics mostly). However, these are short-sighted too and their purposes are donor-driven since they depend heavily on outside funding. There is also lack of professional personnel, infrastructure, continuity and follow-ups in their efforts.
For example, there may be huge immigration opportunity for professionals or low-skilled laborers in the United States in coming years, given Mexico; the major country of origin for U.S. immigrants is going to stop its people to move overseas by next 10 to 15 years. This may bring a huge potentiality for Bangladesh’s overseas job market. But who will assess the demand of manpower market there, required skills, and other related matters?
Also given the multi-facet dimensions of migration the proposed institution will have different departments: professional or skill migration, labour migration, climate refugees, forced migration etc.
The center should have expertise on different dynamics of migration: diplomacy, foreign relations, strategic, economic and finance, remittance and banking, skill training, policy, law and human rights, migration studies and research (aimed to higher degrees), conference and seminars, training component, publications and public relations etc. Its motto will be independence, professionalism, accountability, and service to the nation.
It will have partnering centers at different public and private universities and liaison with similar institutions abroad.
Question may arise as to how the funding will come in for such an institution. The initial funding may be sought from international donor agencies like the World Bank, Asian Development Bank, United Nations Development Fund, and International Organization for Migration (IOM).
IOM has supported similar institutions in few countries.
Also, the government can spend a portion of funding from the foreign exchanges earned by the migrants. In 2008, it was a record US$ 9.6 billion. Given the misappropriation of funding from the wage earners’ fund, financial support to the proposed center would be a worthy investment.
In this regard, there is the example of Indian Center for Development Studies (CDS) in Trivandrum. CDS is an autonomous research and teaching institution. It has a 15-member governing body consisting of eminent scholars from various disciplines.
CDS has its funding partially from the government. It heavily depends on its earning from various projects and programmses and endowment funds.
CDS has been running M.Phil and Ph.D. programs under the Jawaharlal Nehru University since 1975.
The writer is an Advocate in the Supreme Court of Bangladesh, and presently affiliated with the Human Rights Center and Law School, University of Minnesota, U.S.A. as a Humphrey Fellow (Fulbright Scholar). Formerly, he worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM) as a Legal and Human Rights Expert. E-mail: udas1971@yahoo.com.
**Published in the PROBE News Magazine (Dhaka, Bangladesh), December 18, 2009- January 28, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5738.
Dr. Uttam Kumar Das writes from Minneapolis, USA
The migration sector in Bangladesh needs streamlining. Its potentiality and prospective benefits for the country depend how the sector is managed and planned. There is a lot to do in terms of administrative, policy, legal and judicial intervention to get full and sustainable benefit out of the migration sector.
We can not sit idle. Given the situation of global warming and the rising sea level, migration of our population could be a vital way of bailing out.
The big question is, however, how will it be strategized and who will do the job? Is there any institution in place for this purpose? The answer is in the negative.
I devote this piece arguing for a dedicated institution on migration issues in Bangladesh which will be a center of excellence in research, education and training on migration solely. We don’t need such an institute just for the sake of a name. There are too many such commissions now struggling to survive. We don't need such an institution merely to increase the number of such bodies. Seriously speaking, we need an institution which will really work.
There is no denial of the importance of authentic research in planning policies and setting strategies. However, that research has to be innovative and practical oriented.
From my experience, I have seen that the government is doing this on an ad hoc basis: by the official from the related ministries and departments who may not have related expertise and professional skills (which is why such research hardly brings any outcome), or through consultants hired or funded by certain donor agencies. These are short-sighted indeed, and don’t serve the purpose of the country.
There are few non-governmental organizations as well (run by academics mostly). However, these are short-sighted too and their purposes are donor-driven since they depend heavily on outside funding. There is also lack of professional personnel, infrastructure, continuity and follow-ups in their efforts.
For example, there may be huge immigration opportunity for professionals or low-skilled laborers in the United States in coming years, given Mexico; the major country of origin for U.S. immigrants is going to stop its people to move overseas by next 10 to 15 years. This may bring a huge potentiality for Bangladesh’s overseas job market. But who will assess the demand of manpower market there, required skills, and other related matters?
Also given the multi-facet dimensions of migration the proposed institution will have different departments: professional or skill migration, labour migration, climate refugees, forced migration etc.
The center should have expertise on different dynamics of migration: diplomacy, foreign relations, strategic, economic and finance, remittance and banking, skill training, policy, law and human rights, migration studies and research (aimed to higher degrees), conference and seminars, training component, publications and public relations etc. Its motto will be independence, professionalism, accountability, and service to the nation.
It will have partnering centers at different public and private universities and liaison with similar institutions abroad.
Question may arise as to how the funding will come in for such an institution. The initial funding may be sought from international donor agencies like the World Bank, Asian Development Bank, United Nations Development Fund, and International Organization for Migration (IOM).
IOM has supported similar institutions in few countries.
Also, the government can spend a portion of funding from the foreign exchanges earned by the migrants. In 2008, it was a record US$ 9.6 billion. Given the misappropriation of funding from the wage earners’ fund, financial support to the proposed center would be a worthy investment.
In this regard, there is the example of Indian Center for Development Studies (CDS) in Trivandrum. CDS is an autonomous research and teaching institution. It has a 15-member governing body consisting of eminent scholars from various disciplines.
CDS has its funding partially from the government. It heavily depends on its earning from various projects and programmses and endowment funds.
CDS has been running M.Phil and Ph.D. programs under the Jawaharlal Nehru University since 1975.
The writer is an Advocate in the Supreme Court of Bangladesh, and presently affiliated with the Human Rights Center and Law School, University of Minnesota, U.S.A. as a Humphrey Fellow (Fulbright Scholar). Formerly, he worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM) as a Legal and Human Rights Expert. E-mail: udas1971@yahoo.com.
**Published in the PROBE News Magazine (Dhaka, Bangladesh), December 18, 2009- January 28, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=5738.
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