Migrant Workers’ Rights and Plights: How Responsive Government Institutions?

A N M Ehsanul Hoque Milan, PhD

At the outset of the Covid-19 outbreak, many returnee migrants of Bangladesh have been victims

of extortion back home. More specifically, the migrant workers went to Vietnam maintaining

due procedures and taking clearance from the Bureau of Manpower, Employment and Training

(BMET). As they did not get their expected jobs and salaries, they complained to the Bangladesh

embassy situated in Vietnam. Despite informing of Bangladesh embassy to Vietnam, these

workers were ultimately detained in the custody. Apart from Vietnamese migrant returnees, the

workers who returned from the Middle East countries on July 2020 were also badly harassed.

Beside this, Saudi Arabia’s recent suspension of air flights amid Covid-19 and denial of

extending the time of visas have seriously impinged the life of migrant workers. For these severe

plights of the migrant workers, lack of substantial state-to-state dealing of Bangladesh with the

destination countries is very much responsible. In this backdrop, this write-up examines the

Bangladesh’s compliance with International Covenant of Economic, Social and Cultural Rights

(ICESCR) for protecting the rights of migrant workers during Covid-19 pandemic.

Migrants from Bangladesh encompassing migrant workers as well as students and researchers

have been working in the Europe, USA, Canada, Australia, the Middle East, Singapore, Malaysia

and many other parts of the world. Currently, there are around 13 million Bangladeshis working

abroad. These workers make a significant contribution to the development of Bangladesh as they

send around $15 billion as remittance to the country’s economy every year (BMET, 2020).
 Fig. 1: Inflow of remittances during last 10 years (2011–2020) in Bangladesh. Source: BMET, 2020

These inbound remittances have contributed to raising the record forex reserve of the country to

$40 billion up to the month of October, 2020 (The Business Standard, 8 October, 2020). It plays

a significant role in fortifying Bangladesh’s foreign reserve, makes the country’s economy

vibrant and shores up mega infrastructural projects, such as the Padma Bridge. Moreover,

remittances contribute to 12% in GDP and create 9% employment of the total active workforce

of Bangladesh. Despite this significant contribution of migrant workers, their sufferings related

to jobs in destination countries like Saudi Arabia, United Arab Emirates (UAE) and Malaysia

have drastically affected their life, making them a vulnerable class in the society.

In particular, lack of job opportunities and expired work permits (Iqama) are the two major

problems faced by the Bangladeshi migrant workers in Saudi Arabia. Apart from this country,

issues related to the dismissal of employment, expiration of visas, and working with no salary

have long been worrying the migrant workers of Bangladesh in the United Arab Emirates

(UAE). Many workers are jobless in this country because they do not have legitimate documents,

visas or work permits. That’s why; they are not allowed to work in the daytime. Besides, due to

Covid-19 pandemic, all illegal Bangladeshis in Malaysia are staying at home as immigration

police have been very active to nab them. If any illegal immigrants are caught by the police, they
will be deported back home. Overall, the migrant workers’ life is seriously in miserable

conditions in these countries.

International Covenant of Economic, Social and Cultural Rights (ICESCR) was adopted by UN

General Assembly on December 16, 1966 and came into force on January 3, 1976 in accordance

with article 27. As the member state of UN, Bangladesh ratified the charter of ICESCR on

October 5, 1998. The covenant (Part III, Article 6) revealed that “The States Parties to the

present Covenant recognize the right to work, which includes the right of everyone to the

opportunity to gain his living by work which he freely chooses or accepts, and will take

appropriate steps to safeguard this right (Commissioner U.N., 1966). While the Government of

the People's Republic of Bangladesh accepts the provisions embodied in articles 10 and 13 of the

Covenant in principle, it will implement the said provisions in a progressive manner, in keeping

with the existing economic conditions and the development plans of the country.” Despite this

commitment of Bangladesh to the ICESCR Covenant, Bangladesh as a state party has hardly

protected the rights of its migrant workers who are still facing severe plights abroad and in home

country as returnee migrants. As such, the destination countries have also been violating the

principles of ICESCR without ensuring the safety of overseas workers.

As a state ratifying the International Convention on the Protection of Rights of All Migrant

Workers (ICRMW) and Members of Their Families, 1990, the government of Bangladesh must

assure the rights of migrants and their families by executing its legal procedures as provided in

the Convention. Bangladesh as a source country of international migrant workers, millions of its

people is living across the world. Bangladeshi workers’ demand in the Gulf and Middle-Eastern

countries was at the peak in the last decade because of the availability of cheap labor. As per the
UN database up to January 2018, only 51 UN member states ratified this treaty whereas the

majority of members are the source countries of workers. The government of Bangladesh as a

source country signed the UN ICRMW 1990 on October 7, 1998, but it took 13 years to endorse.

Despite having different international and national laws, policies and treaties to protect the rights

of migrants, labor, domestic workers, women and children, the violation of migrant workers'

rights is still present there. Last year, Bangladeshi migrant workers along with other migrants

from India, Pakistan, Sri Lanka and the Philippines experienced different violence and abuse in

the destination countries. In this case, Bangladesh government’s move was not at that level to

ease the problems of migrant workers of Bangladesh as required. So, these workers’ plights

remain same due to lack of substantial institutional measures from Bangladesh side.

In case of Bangladeshi workers, some research works and grassroots level NGOs found a key

fact pushing the migrants in a vulnerable condition that includes less skilled workers who are

sent abroad. According to ICESCR (article 6 (2), Part-III), the steps to be taken by a State Party

to the present Covenant to achieve the full realization of this right shall include technical and

vocational guidance and training programs, policies and techniques to achieve steady economic,

social and cultural development and full and productive employment under conditions

safeguarding fundamental political and economic freedoms to the individual. Instead of the

provision in ICESCR for training the migrant workers for oversee works, Bangladesh is still the

backbencher to provide necessary training for its manpower through vocational education and

training. Studies reveal that Bangladesh would be able to earn almost double from foreign

countries by training its manpower especially youths through vocational guidance and training.

Notably, the RMG sector at this time has the biggest pool of overseas employees as it requires
highly-skilled people in handling the up-to-date fashion technologies and automated

machineries. Because of the lack of skilled technicians in the apparel sector, foreigners mainly

grab these key as well as lucrative positions; and industry insiders claim that over 500,000

foreign nationals at present working in Bangladesh take away around $5 billion every year.

Around 400,000 migrants are in trouble during the Covid-19 pandemic whereas 200,000 migrant

workers came home on leave in the inception of the Covid-19 outbreak in Bangladesh; but they

could not return to their workplaces. Besides, around 100,000 new workers could not go to their

destination countries despite completing all procedures. More importantly, on average 2,000

migrant workers have been returning home every day (Prothom Alo, Sep 2, 2020). Notably, 6-

7% of them are female migrants. Another media disclosure report said that around 60,000-70,000

migrants have been infected with Covid-19. The government of Bangladesh did not take any

initiative to contact with destination countries to save its own workers abroad. Moreover, simple

state-to-state memorandum of understanding (MoU) and the existing monitoring and

coordination mechanism of government institutions are barely enough to protect these wretched

migrant workers in foreign countries.

Amid the pandemic situation, very recently returnee migrants’ staying in home country,

undocumented workers’ release from Malaysia, Saudi Arabia and Kuwait, denial of Saudi Arabia

receiving workers despite completing all procedures etc., have become a serious concern. Due to

Saudi Arabia’s halt of air flights and refusal on receiving the returnee migrants for expiring the

time of visas, these migrant workers staged demonstrations on the different roads of Dhaka city.

Note to say that a returnee migrant attempted to commit a suicide to lay down the double taker in
front of Pan Pacific Sonargaon hotel, Dhaka. These plights of the migrant workers have not only

hit their jobs but also their livelihoods. After ratification of the ICRMW 1990, Bangladesh

government like other ratifying states became accountable to the UN and global platforms to

protect the rights of migrants and families, for which it enacted Overseas Employment and

Migrants Act 2013 replacing the Emigration Ordinance 1982. As per the commitment towards

the international community, Bangladesh government also has taken some other initiatives for

the welfare of the migrant workers such as: establishment of Migrants Welfare Bank (PKB),

Expatriate Welfare and Overseas Employment Policy 2016, Expatriate Welfare and Overseas

Employment Rules 2017, Expatriate Welfare Board Act 2017 and addressing the migration and

migrant workers in the government's 7th Fifth Year Plan in line with the Sustainable

Development Goals (SDGs). Bangladesh also took the opportunity to become a global leader for

the protection of the rights of migrant workers and chaired the Global Forum on Migration and

Development (GFMD) summit in 2016. Despite these charters for the protection of migrant

workers, the government of Bangladesh has failed to deal the issue of returnee migrants’ job

settlements with Saudi Arabia and other Gulf countries, which resembles the futile role of

Bangladesh government and its missions and embassies situated in the migrant workers’

destination countries.

The ICESCR (Part-III, Article 27) stated that “Where the applicable legislation does not allow

migrant workers and members of their families a benefit, the State concerned shall examine the

possibility of reimbursing interested persons the amount of contributions made by them with

respect to that benefit on the basis of the treatment granted to nationals who are in similar

circumstances.” Complying with the above principle ordained in the ICESCR, very recently

BMET has issued a notice for providing the rehabilitation loan assistance, payment of RPL and
assistance in repatriation of workers returning abroad due to Covid-19 epidemic. The initiative

taken by the government is not adequate enough to conform of ICRMW-1990 principles as the

government has not declared in their circular to reimburse the migrant workers against

contributions made by them. The government has only promulgated to provide soft loan, RPL

payment and other assistance for removing the plights of the returnee migrant workers, which is

the clear violation of ICESCR Covenant. Considering both as worker and human, the migrant

rights are defined as human rights and both the source and destination countries must ensure the

rights of all migrants irrespective of gender, race and ethnicity. In this circumstance, if

Bangladesh government fails to make a strong diplomatic dealing with Gulf and other

destination states, the country will witness a sharp crush in its expatriates’ earnings and thereby

economic growth. Bangladesh should work strongly on a regular basis with the governments of

these countries to solve the returnee and non-returnee migrant workers’ problems. There is no

alternative for Bangladesh government to make its missions and embassies to the relevant

countries vibrant in order to save the lives of migrant workers, their families and country as well.

Overall, Bangladesh as a signatory of ICESCR, it has no way except protecting its migrant

workers who are considered the nucleus of Bangladesh economy.