বুধবার, ১৪ এপ্রিল, ২০২১

Rights of Migrant Workers in Home and Abroad: A Contemporary Analysis of Bangladeshi Migrants at COVID-19

Background

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.

Definition of Migrant Worker

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.

Characteristics of Migrant Workers

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. 

Characteristics of Bangladeshi Migrant Workers

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.

Contribution of Bangladeshi Migrant workers on Socio-economic Development


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.


Bibliography

Karim, Mohammad & Islam, Mohammad & Byomkesh, Talukder. (2020). COVID-19’s Impacts on Migrant Workers from Bangladesh: In Search of Policy Intervention. World Development. 136. 105123. 10.1016/j.worlddev.2020.105123.

Sabur, M.A (2019), Challenges and Prospects of Bangladeshi Workers in Overseas Employment: A Case Study of Bangladeshi Migrant Workers in Singapore, SOCIAL CHANGE, A Journal for Social Development, Volume 8, No 1, 2018, Pp: 150-164.

Socio-Economic Impact of COVID-19 on Returnee Migrants in Bangladesh, YPSA, Bangladesh

Presentation Slide on Negotiating BLAs and MoUs, ITCILO

Bilateral Agreements and Memoranda of Understanding on Migration of Low Skilled Workers: A Review, ILO, Geneva

Access to Justice for Migrant Workers in SOuth-East Asia, ILO

Protecting The Rights of Migrant Workers: A Shared Responsibility, ILO, 2009

Agonising condition of our migrant workers, The Daily Star, 20 December 2020.
Migrant workers exploited abroad, The Daily Star, 13 March 2019

Social protection for migrant workers: A necessary response to the Covid-19 crisis, ILO brief

Protecting the rights at work of refugees and other forcibly displaced persons during the COVID-19 pandemic, Policy Brief, June 2020, ILO

Protecting migrant workers during the COVID-19 pandemic, Policy Brief, Aprio 2020, ILO
Glossary on Migration, IOM

Covid-19: an uncertain homecoming for Bangladeshi migrant workers, UNDP Bangladesh, July 19, 2020

World Migration Report 2020, IOM

Labour Migration From Bangladesh 2018: Achievements and Challenges,RMMRU

Useful Web links
https://www.macrotrends.net/countries/BGD/bangladesh/net-migration#:~:text=The%20net%20migration%20rate%20for,a%206%25%20decline%20from%202017.
https://reliefweb.int/report/bangladesh/bangladesh-survey-drivers-migration-and-migrants-profile
https://data.worldbank.org/indicator/SM.POP.NETM?locations=BD
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



কোন মন্তব্য নেই:

একটি মন্তব্য পোস্ট করুন