Labour Migration from Bangladesh: A Legal Study

Abstract

The twentieth century migration has been identified as one of the major challenges for local, national, regional and global governance. It is seems to be as an essential element of globalization, political and economic forces in the new millennium. Early study of migration focused on mass movement, particularly the term Atlantic movement of people from European to the new world. In this continuity the people is trying to move within national territorial boundary which inspired the people to move one country to another country to improve their livelihood. There are some factors influence them to migrate from their native land like urbanization, industrialization, natural climate, environmental change, unequal land distribution, quality education, business, job and better salary. To migrate one country to another country the migrants need to get visa, permission, documents, etc. which govern by the legal framework. As human being the migrants enjoy some rights in receiving country which are recognized by international community in named human rights. When the number of migrants increases, then they become a vulnerable group. In present time the international community has acknowledged the human rights instruments addressing the vulnerabilities, rights and welfare of the migrant workers. This study covers the nexus of human rights and rights of migrant workers. Here, it is emphasized on the challenges and protection of human rights of labour migrants and also the instruments which ensured those rights. On the other hand, the migrants need to ensure the rights in sending countries. So the sending countries adopted legal framework in their countries with the inspiration of international instruments to explore the problems and potential solutions. As a sending country Bangladesh had no effective legal framework or policy of our country before 1982. At 1982 government enact a law named Emigration Ordinance, 1982, but this was not sufficient to ensure the right and solution of the problem of migrant workers properly. In the meantime, the United Nations observed the crisis of labour migration and a convention passed an international legal instrument named United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families of 1990. As a member of United Nations Bangladesh government did not ratify this convention. Though, the Emigration Ordinance, 1982 was not sufficient, the government took some legal rules and regulations such as, Emigration Rules, 2002 and Overseas Employment Policy, 2006. For the protection and ensuring the internationally the rights of migrants of Bangladesh, the government ratify the UN Convention of 1990 and passed by the parliament an Act named Oversea Employment and Migrant Workers Act, 2013. This study analyzed the defects and discussion on National and International legal framework and the concept of law relating to migration of neighboring countries including UK & USA. Beside the government, NGO’s and International Organizations play a vital role to protect and help the rights of migrant workers. There are many NGO’s and International Organizations are working to ensure the rights and legal protection of labour migrants. Specially IMO, ILO, DAM, ACD, Winrock International, etc. This study describes the challenges and suggestions of those national NGO’s and international organizations. In conclusion we see that migrant workers now become an important source of foreign currency earning. To ensure an effective system of process and rights and duties of the countries we have to establish a strong legal framework and effective, independent implementation body. For that reason this research work finds out some major suggestion and recommendation in the body of this work.