The government is likely to enact a law with the intent of creating opportunities for overseas employment, introducing safe migration mechanisms and protecting the rights of all migrant workers.
Under the proposed new law, a cheated migrant worker could directly file a case with magistrate courts.
A senior official said there was a big flaw in the Emigration Ordinance, 1982 since a cheated migrant worker could not directly file a case against fraudulent manpower recruiters.
The Bureau of Manpower, Employment and Training (BMET) could file cases on behalf of the victims with the four special courts set up in four (old) divisions.
The official said that in 31 years only 250 cases had been filed with the four courts despite thousands of incidents of cheating in the processing of overseas jobs had taken place during that period.
The official said a total of 90 cases had been settled while the rest are under the process of undergoing trials.
“We hope the proposed law would bring transparency and accountability in the migration sector,” Expatriates’ Welfare Secretary Zafar Ahmed Khan recently told the Dhaka Tribune.
The secretary also said the rights of migrant workers would be protected and the cheated migrants would get justice.
Zafar said about eight million workers have been working in various countries, contributing hugely to the national economy by sending remittances. “It is our responsibility to protect our migrant workers.”
According to BMET, the country received $14.17bn in remittances in 2012.
The draft of the law proposes a maximum of 10 years imprisonment and a penalty of at least Tk500,000 for not sending a person to the designated destination.
The draft also proposes a seven year term of imprisonment and a fine of at least Tk300,000 for illegally collecting demand letters, visas, or work permits from abroad and trading them at home.
It also suggests one year of imprisonment and a minimum fine of Tk500,000 for the publishing or publicising of advertisements for overseas employment without prior permission from the government or the BMET.
The offences under the law will be included in the Mobile Court Act 2009 for quick disposal of cases and the court will dispose of cases within four months from the date of charges being lodged.
If this does not occur, the magistrate concerned can increase the processing period by two months by recording reasonable grounds for the extension.
The magistrate would also be required to send reports on the development of the case to the chief judicial magistrate.
As per chapter seven of the draft law, the potential migrant workers will have the right to obtain information about migration processes, job contracts and the work environment of the destination country.
The proposed law stipulates that the government will fix the cost of migration. Recruiting agencies will not be allowed to appoint their representatives in Bangladesh but with permission from the government they will be allowed to appoint their representatives abroad.
On August 12, the cabinet finally approved the draft of the Overseas Employment and Migration Act-2013 placed by the Expatriates’ Welfare and Overseas Employment Ministry.
Officials of the ministry said the proposed bill would be placed in the upcoming parliament session scheduled to be held in September.
When contacted, Refugee and Migratory Movements Research Unit (RMMRU) founding Chair Tasneem Siddiqui declined to make any comment on the proposed law: “I have not seen the draft finally approved in the cabinet.”
Noting that the proposed law was much better, Bangladesh Association of International Recruiting Agencies (Baira) Secretary General Ali Haidar Chowdhury said: “It is still better than never.”
The Baira Secretary General observed some weaknesses in the bill as it has been prepared in a hurry but he did not elaborate on his observation.
Bangladesh Obhibashi Mohila Sramik Association founding Director Sumaiya Begum said there was no separate provision for female migrant workers.
Sumaiya said female migrants were cheated at home as well as in destination countries but the proposed law did not address their problems.
