Migration is a global phenomenon. Globally,
about 258 million international migrants were counted and they represented 3.4%
of the world’s total population. Women represent 48.8% of the stock of
international migrants. About 164 million migrants are labour migrants and
major portions is from Asia and Pacific region (ILO, 2017). Migrants are
playing a major role in local, national and regional development. According to
the United Nations, in 2016 migrants sent 596 billion US$ to their countries. This
is more than three times the size of official development assistance. The
contribution of migrants to the overall development of the world is
indisputable. But, migrants are vulnerable to human rights violations because
they are not citizens of receiving states and, due to their status, often live
in precarious situations. They faced problems to food, shelter, healthcare,
fear of getting infected or spreading the infection, loss of wages, concerns
about the family, anxiety, fear and deportation. Sometimes, they also face
harassment and negative reactions of the local community as xenophobia. Women
migrants are to deal with additional challenges as they face human rights
violations based on their migrant status as well as based on their sex. Which
is the violation multiple international instruments. It is observing that at
COVID-19 increasing the prevalence of rights violation of migrant workers. Developed
countries should think that the behind of their development is contribution of
migrant workers. And developing countries should think about their economic
development is fully dependent on the remitted remittances of migrant workers.
So the rights of migrant workers will be shared responsibility of both
countries.
Bangladesh has mixed
experienced on migrant workers, about 10 million migrant workers has been
employed in 173 countries of the world. As well as about 1.5 lakh foreign
migrant workers are working in Bangladesh. It is notable that on 2017, there
are about 0.723 million Rohingya people (FDMN-Forcibly Displaced Myanmar
National) have fled to Bangladesh. About half the FDMN are children. Bangladesh
government are trying best support and protect to FDMN within limited
resources. According to BMET (Bureau of
Manpower Employment and Training), 95% of the Bangladeshi migrant workers are
takes place in 10 countries only. These are KSA, Malaysia, Oman, Qatar, Kuwait,
Singapore, Jordan, Lebanon, Bahrain and UAE. Bangladeshi Migrant workers has
faced many problems (high migration cost, low skilled jobs, low wages etc.). Migrant
Workers is most affected due to outbreak of COVID-19 pandemic. It is reported
that more than 4 lakh migrants have returned to Bangladesh in the last couple
of months (February-June 2020). Most migrants have returned from the Middle East
and Europe. And about two thousand migrants have died of coronavirus at home
and abroad. Research revealed that migrants who remain abroad are at risk of
unemployment, hunger, housing crisis and infection as a result of lockdowns or
blockades. As well as migrants who returned they faced social discrimination,
isolation, economic crisis, extreme uncertainty and instability. Meanwhile,
governments and developing partners have taken several steps and action which
have created trust and comfort among the migrant workers. But many feel that
these initiatives are not enough and should be worked out in more
comprehensively. This write up discussed the rights of migrant workers in home
and abroad specially Bangladeshi migrant workers at COVID-19.
Migrant worker is 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(1), International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families, 1990).
Bangladesh Overseas Employment and
Migrants Act 2013 define “Migrant
worker” or “worker” means any citizen of Bangladesh who, for wages,—
(a) is in the
planning process to migrate for work or is departing to any foreign country for
work; (b) is employed in a trade or profession in any foreign country; or (c)
has returned to Bangladesh at the end of the tenure of employment or without having
completed the tenure of employment in a trade or profession from a foreign country;
Statistics of Migrant Workers
According to the ILO, there were an estimated 164 million migrant workers globally. Almost half (46.9%) of all migrant workers were located in two broad sub-regions: North America and Northern, Southern and Western Europe, where 55.4 per cent of all female workers and 40.9 per cent of all male workers were located. 40.8 per cent of all workers in the Arab States and 1.0 per cent of all workers in Southern Asia were migrants, making them the regions with the highest and lowest shares of migrants in the labour force respectively (ILO, 2018).
Approximately eight perent of all migrant workers in 2017 were between 15 and 24 years old (ibid.). Of the estimated 150.3 million migrant workers in 2013, 11.5 million were migrant domestic workers (ILO, 2015).
Bangladesh labour migration starts form 1976 as oil boom in
Middle East and thus an increasing need for cheap labor. In 1976, only 6,000
Bangladeshis left to work abroad. Since then, the number of both temporary
expatriate workers and permanent out-migrants has increased dramatically. According
to BMET, from 1976 to 2018, a total of 12,199,124 Bangladeshis have migrated
overseas for employment. Bangladeshi workers mainly engage in short-term
contract employment; and thus they have to return on completion of their contracts.
Female migration from Bangladesh has been increasing since
2015. The highest number of female workers (121,925) migrated in 2017. But, the
flow of migration has drastically dropped in 2020 due to the global health
crisis and other reason. It is estimated that only around 200,000 migrants made
it to host countries in 2020, whereas around 700,000 to 800,000 people migrate
for work every year. Generally, female migrants constituted 10 to 13 percent of
the total migration flow of the year. So, the flow of female migrant workers is
less than of male migrant workers. In COVID-19, the number of returnees hit a
new high as well. Generally, around 50,000 migrant workers return every year,
but this year around 400,000 migrant workers returned home. It is a matter of
great concern because returnees returned home without any hope of a decent
source of income.
Generally international migrants workers are usual residents
in the labour force. Also nonresidents with labour attachment to the country
(working or seeking work). There are mainly four type of international migrants
workers as; Frontier workers, Seasonal Workers, Itinerant
workers, Foreign Domestic Workers, Offshore Installation Workers,
Others (travel to the country for work as foreign domestic
workers, foreign students and refugees/asylum seekers/displaced people, working
or seeking work). EXCLUDED: Foreign military, diplomatic personal, Call Center
Staff International travelers on tourism trip (even if worked incidentally).
Labour force participation of migrants higher than Labour
force participation of non-migrants for both male and female.
Globally migrants workers are involved in three types of
activity and majority of migrant workers are in services 71.1%, followed by
industry 17.8%, and least in agriculture 11.1% (Source, ILO).
By country income group of migrant workers, more than
two-third of migrant workers are working in high-income countries and its
percentage is 70%.
Migrant workers face a variety of challenges which prevent
most of them from accessing social security. Social security is a set of
policies and programmes designed to reduce and prevent poverty, vulnerability
and social exclusion throughout the life
cycle. Social security is a basic human rights. 73 per cent of the world
population lacks access to comprehensive social security and where migrants
work is less privileged. Restrictions to
Migrant workers’ access to Social Protection are; The first issue is the principle
of territoriality, Under the principle of territoriality, workers who
are leaving their country of origin to work abroad may lose coverage under
their national social security system and thus run the risk of having no social
security coverage, either in their country of origin, or in their country of
employment.
The second issue is related to the principle of
nationality that may affect migrant workers’ social security rights in
destination countries.
The third issue concerns difficulties of portability of
entitlements, which refers to migrant workers’ recognized right to keep
and transfer the social security entitlements that they have accrued or are in
the process of accruing in their employment country, regardless of their
nationality or place of residence.
However, the major obstacles/restrictions to Migrant workers’
access to social protection are, Informality , Irregularity , Discrimination
and lack of equality of treatment , Lack of enforcement of labour laws and
difficulties accessing justice , Exclusion linked to specific work-related
characteristics, Lack of organisation and representation, Lack of information
and language barriers, Complexity of administrative procedures, Lack of contributory
capacity.
Bangladesh is a labour surplus country and sending huge
labour in global labour market. According to BMET 95% of the overseas
employment takes place in 10 countries
of Middle east and South East Asia. Bangladesh workers are semi-skilled
or unskilled workers. They suffers every stage of migration. Due to their
limited literacy level they are doing law paid works as salesmen, gardeners,
driving, cook, construction workers, part-time labours or hotel/restaurant boys
and female migrants are maid worker or domestic worker. It is observed that due
to unavailability of relevant information, lack of knowledge and absence of
proper consultation, most of the migrant workers suffering more or less the
same problems. These includes, cheating by the middleman, fake and unregistered
travel agencies and bankers in the name of free visa, fraud and deception by
recruiters, physical and/or sexual abuse from employers, squalid living conditions,
poor access to health care and other services, irregular and insufficient pay
for long work hours in difficult physical conditions, and socially
marginalization in host countries. In case of accidents it takes years to get
the death compensation by the next of kin due to complexity of legal procedures
of the host countries. Sometimes workers are repatriated after becoming
handicapped temporarily or permanently due to some accident without proper
treatment or compensation. Moreover, some social leaders and government
officials are also heard to be taking advantage of their lack of knowledge.
Moreover, when migrant workers backed to origin most cases they are in empty
hand or long no more solvent due to lack of proper financial knowledge and absence
of reintegration support. In COVID-19 the Bangladeshi Migrant workers suffered
most as they are in economic uncertainty (home and abroad) and social
polarization.
Contribution of Migrant Worker
Migrants are playing a major role on social and economic
development in globally. According to IOM in 2015 migrants contributed 6.7
trillion US dollars to global GDP. According to OECD, Migration’s impact in
three areas as; the labour market, the public purse and economic growth.
Labour Markets:
- Migrants
accounted for 47% of the increase in the workforce in the United States and 70%
in Europe over the past ten years.
- Migrants fill
important niches both in fast-growing and declining sectors of the economy.
- Like the
native-born, young migrants are better educated than those nearing retirement.
- Migrants
contribute significantly to labour-market flexibility, notably in Europe.
The public
purse
- Migrants
contribute more in taxes and social contributions than they receive in
benefits.
- Labour migrants
have the most positive impact on the public purse.
- Employment is the
single biggest determinant of migrants’ net fiscal contribution
Economic
growth
- Migration boosts
the working-age population.
- Migrants arrive
with skills and contribute to human capital development of receiving countries.
- Migrants also
contribute to technological progress.
Migration from Bangladesh facilitates various socio-economic
benefits for the country. It primarily helps to reduce the prevailing
unemployment problem of the country and leads to poverty alleviation. According
to Bangladesh Bank Bangladeshi migrants have remitted US$18.3 billion in 2019.
Remittance flow to Bangladesh is likely to grow by 8 percent in 2020, compared
to that of the previous year. Bangladesh is now world's eighth top remittance
recipient country. The remittances received from migration enhance the economic
condition of the migrant workers which in turn ensure the overall economic
development of the country. This sector earns the highest amount of real
foreign currency for the economy. It helps to reduce the frustration among the
youths, terrorism, drug addiction, social unrest and others. Earning through
overseas employment enhances financial capability of investment for
self-employment and entrepreneurship, increases purchasing power of the migrant
workers which gears up the economic activities and uplifts the standard of
living, helps to transfer of technology through technical knowledge and
expertise acquired by the migrant workers working abroad. Migrants play role on
brain drain/waste to brain gain as migrants backed with skills and contribution
to human capital development of origin countries like Bangladesh. It creates
motivation and raises awareness among the migrant workers about family
planning, hygienic environment, education, health care, good housing, food and
nutrition. These contribution are jointly contribute on Sustainable Development
Goals (SDGs).
Social Protection and Access to Justice of MWs
 |
Principles for the protection of Social
Security Rights of Migrant Workers |
Social security/protection and access to justice is basic human rights. Social security or social protection covers all measures providing benefits in kind or in cash addressing such risk as maternity, ill health, sickness, unemployment, work injury, invalidity, old age and death of the breadwinner. In addition to access to justice is also a basic human rights, if any migrants is felt threaten or victimized he/she must have the option to seek access to justice. Migrant workers’ social protection rights are based on the following principles, enshrined in main ILO Conventions related to social security for migrant workers and in all bilateral and multilateral social security agreements.
Legal framework for protecting migrants rights
- Declaration of Philadelphia of 1944
- Universal Declaration of Human Rights (1948), Article 22 and Article 25 (1)
- International Convention on the Rights of Migrant Workers and Members of their Families
- Convention on the Elimination of All Forms of Discrimination against Women
- International Convention on the Elimination of All Forms of Racial Discrimination;
- National laws and policies, countries labour law, migration act and social security act
- ILO International Labour Standards
C. 102 Social security (Minimum Standards) Convention, 195
C. 118 Equality of treatment of (social security) 1962 KEN,RWA
R. 202 Social Protection Floors Recommendation, 2012
C. 157 Convention on the Maintenance of Social Security Rights, 1982
R. 167 Recommendation on the Maintenance of Social Security Rights, 1983
R. 204 Transition from the Informal to the Formal Economy Recommendation, 2015
C. 189 Domestic Workers Convention, 2011 (No. 189)
R. 201 Domestic Workers Recommendation, 2011 (No. 201)
R. 205 Employment and Decent Work for Peace and Resilience Recommendation, 2017
Practices of Legal Framework and Reality Context of Bangladeshi Migrant Workers (MWs)
Protecting the rights of migrant workers ultimately benefits the state itself. But in reality many cases migrant workers have no minimum floor of social protection. The COVID-19 testimony this concern. According to a report of IOM on returning migrants in 12 districts of Bangladesh, approximately 70% of surveyed migrants who returned from abroad between February and June 2020, are still unemployed. A total number of 29% of respondents indicated they had returned to Bangladesh because they were asked to leave the country they were in. Another research of YPSA (Young Power in Social Action) on returnee migrants found that most of the returnee were stigmatized as they have been accused of spreading coronavirus. Red flags have been raised at their homes to socially isolate them. Returnees are in highly debt. About 80% of the respondents said that they spent all their money which was brought from abroad. The returnees are running out of money they brought from abroad. Many migrant workers have started borrowing again from their relatives, sold assets, and others are trying to cut down the expenses.
Recently, 81 Bangladeshi migrant workers in Vietnam have been detained. In Vietnam, they were detained for anti-state activities. Such detention is violative of article 9(1) of the International Covenant on Civil and Political Rights (ICCPR).
The migrant workers expulsion without any prior notification is also violative of multiple international instruments. Article 23 of the Universal Declaration of Human Rights ensured the rights of the migrant workers.
Article 54 of the convention defines equal treatment to the migrant workers which is also interrelated with article 25 and 27 in case of protection against dismissal, unemployment benefits, access to public work schemes intended to combat unemployment, access to alternative employment in the event of loss of work or termination of other remunerated activity. There are also many news of the death of the migrant workers during working in the workplace. Article 9 of the International Convention on the Protection of the Rights of All Migrant Workers protects the right to life. Moreover, may cases migrant worker cannot appeal or no option to access to justice in country of destination.
For the protection of rights of migrant workers, Bangladesh has enacted The Overseas Employment and Migration Act, 2013, Recruiting Agency License and Conduct Rule 2002, Expatriate Welfare and Overseas Employment Policy 2016, Expatriate Welfare and Overseas Employment Rules 2017, Expatriate Welfare Board Act 2017, and also established the Migrants Welfare Bank (PKB) for the benefit of migrant workers. But the condition of the migrant workers has not improved much. The Covid-19 pandemic has left them more helpless than ever.
Summary and Conclusion
Protection of migrants rights is shared responsibility of Country of Origin and Country of Destination. Basically, three basic stages of labour migration where migrants rights should be protected. These stages are pre-departure stage, the post-departure and work stage, and the return stage. Country of origin and destination should work together to protect their rights of all stages and their responsibilities might differ. By ratification of relevant international Conventions by both countries of origin and destination and revision of national laws along those lines and their enforcement can ensure the protection and rights of migrant workers. In addition to provide wide publicity and dissemination of agreements (BLAs/MoU) and their follow up can ensure enforcement. As well as include all stakeholders in consultative processes in the development, implementation and monitoring of bilateral agreements where ensuring inclusion of gender specific issues in BLAs and MOUs. Moreover, at formulation and implementation of labour migration policies that respond to the needs of the labour market, coherence between migration laws and labour laws, and respect of rights of all migrant workers and their families. Alike, there are several best practices exist, which have been implemented in different regions/countries of the world and can be replicated by other countries. If any conflict arise while enforcing of MoU/BLAs then follow avoiding, accommodating, competing, compromising, collaborative approaches to deal the conflict. The country of origin could follow the interest based bargaining rather position based bargaining with country of destination at negotiation. Moreover the global skill partnership is essential for Safe, Orderly and Regular Migration. Finally, the world must be acknowledged the contribution of migrant workers. The developed world must understand and realize that the behind of economic growth and decent life is the sacrifice of migrants workers of developing nations. And the developing countries realize that remittances form migrant workers are playing pivotal role on local development and contributing to national economy. So, we have to realize and practice migrant rights are human rights. At COVID-19 situation, the most urgent and priority issue is to give financial security and social safety to the workers abroad and those who have returned to Bangladesh. Bringing back all the migrants who want to come to the country. Diplomatic endeavors to maintain the status quo of policy and alternative market searching for post pandemic.
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Useful Web links
https://www.macrotrends.net/countries/BGD/bangladesh/net-migration#:~:text=The%20net%20migration%20rate%20for,a%206%25%20decline%20from%202017.
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https://www.dhakatribune.com/bangladesh/migration/2020/12/31/2020-in-review-migration-one-of-the-worst-hit-sectors
http://wcmsq3.ilo.org/global/standards/subjects-covered-by-international-labour-standards/migrant-workers/lang--en/index.html
https://abdussabur.blogspot.com/2019/08/blog-post.html
https://www.oecd.org/migration/
https://www.thedailystar.net/frontpage/news/remittance-likely-grow-8-percent-1987273
