The document summarizes Bangladesh's Overseas Employment and Migrants Act of 2013. It defines key terms like migration, migrant, and migrant worker. It also outlines the objectives of the act, which are to promote safe and fair overseas employment opportunities while protecting the rights and welfare of migrant workers. The summary highlights some of the act's provisions around licensing of recruitment agents, registration of migrant workers, and penalties for various offenses related to illegal migration practices. It also discusses some perceived weaknesses in implementing and enforcing the act effectively.

1. Prepared by:
Amdadul Haque
Department of Political Science
University of Dhaka

2. The Overseas Employment and Migrants Act 2013 (Article 2)
Migration: “the departure of a citizen from Bangladesh for the
purpose of employment in a trade or profession in any foreign
country.”
Migrant: “any citizen of Bangladesh who has migrated to a foreign
country for the purpose of overseas employment in any work or profession
and is staying in that country”
Migrant Worker: “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 from a foreign
country”

3. Types of Migration.
1. Internal
Example: Rural to
Urban
2. External –
International
3. Forced Migration
Tend to be
environmental or
political ideas. If a
person can prove
they are a forced
migrant then they
can become a
refugee and seek
refuge legally in
another country.
4. Voluntary
Migration eg Mexico to
America
Usually
influenced by
push and pull
factors. Tend to
be social or
economic
reasons

4. International Organization for Migration (Report 2014 on International
Migration)
International Migration
Estimated International Migrants in the World: 244 million
The percentage of migrants in the global population: 3.3%
Percentage of women in the world migration: 48%
Estimated volume of remittances sent by migrants in 2014: 583 billion$
The estimated volume of remittances, which were sent by migrants to developing
countries in 2014: 436 billion$
National Migration: Bangladesh
In 2014, 426,000 people migrated to work in another country.
The states of the Gulf Cooperation Council (GCC) are the most important
destinations for Bangladeshi laborers.
The share of women in Bangladesh’s overseas labor is 18 percent in 2014.
In 2014, remittances increased to US$ 14.9 billion.

6. Core Human Rights Treaties on Migration
1. International Covenant on Civil and Political Rights 1976
 Article 8; prohibition of slavery, forced labor and trafficking
 Article 13; restrictions on illegal migrants
2. International Covenant on Economic, Social and Cultural Rights 1976
 Article 3; equality of men and women before the law
 Article 8; right to form and join trade unions
3. International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families 2003
 most comprehensive human rights treaty on the rights of migrant workers which was adopted in 1990 entered
into force in July 2003.
 responding particular situations and vulnerabilities of migrant workers involved in international labor migration.
ILO Conventions on Migration
1. The Convention on Migration for Employment 1949
 “Non-discrimination in wages, union activities and benefits and social security” (Article 6).
 illegal immigration shall be subject to appropriate penalties” (Article 13)
2.Migrant Workers (Supplementary Provisions) Convention1975
 “illegally employed migrant workers on its territory” (Article 2 )
 penalties against traffickers (Article 6)

7.  Historical Overview of the Migration Scenario of Bangladesh
 After independence in 1971, new opportunities for international migration
emerged.
 Rising oil prices- exploring markets in the Middle East
 Gradually expanded to the newly industrialized countries of Southeast Asia
 Overseas Employment from Bangladesh officially started from 1976
 Bangladesh’s Domestic Legal Regime
1. The Constitution of Bangladesh
The basic human rights of migrant workers and members of their families have been
directly or indirectly recognized in the Constitution of Bangladesh. (Articles 11, 14, 19
and Part III (Fundamental Rights))
2. The Emigration Ordinance 1982
• Section 5: safeguarding the interest of emigrants and promoting overseas
employment
 Section 7(2): recruitment without a valid “demand”
 Section 9: advertisement
 Section 14: canceling or suspending licenses
 Section 23: prohibition of charge higher than the prescribed amount of fees
 Section 26: setting up of special courts

8. 3. International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families 1990
 Date of Ratification: 24 August 2011
 Date of Signature: 1998
4. The Overseas Employment Policy 2006
 the protection of migrant workers’ rights
 the recruitment of workers for overseas jobs
 the welfare of migrant workers and other expatriates
5. The Prevention and Suppression of Human Trafficking Act
2012
Chapter II: Human Trafficking and Penalties
Chapter III: Filing of Complaints and Investigations
Chapter IV: The Anti-Human Trafficking offence Tribunal and the Trial of
Offences
Chapter V: Assistance, Protection and Rehabilitation of The Victims of Human
Trafficking and Witnesses

9.  The assent of the President on the 27th of October
2013
 Repealing the Emigration Ordinance, 1982 (Ordinance
No. XXIX of 1982)
 Chapters: 9
 Articles: 49

10.  To promote opportunities for overseas employment
 To establish a safe and fair system of labor migration
 To ensure rights and welfare of migrant workers and
members of their families
 To enact a new law by repealing the Emigration
Ordinance, 1982 (Ordinance No. XXIX of 1982),
 To make provisions in conformity with the International
Convention on the Rights of Migrant Workers and the
Members of Their Families 1990 and other international
labor and human rights conventions and treaties ratified by
the People’s Republic of Bangladesh

11.  Objectives of the Policy Makers
Three Objectives
 Lawful, documented and legal emigration
 Achieving favorable response from donor and receiving
country
 To abolish humanitarian crises
 Civil Society
 Pressuring on the Govt. agencies to formulate the Act
 Highlighting the issue of migration and refugee crisis
 Focusing on legal and institutional challenges of migration

12.  Recruitment Agents, License, and such others (Art, 9-
18)
 Registration of migrant workers and protection of
their interests (Art. 19-21)
 Rights of Migrant Workers (Art. 26-30)
 Right to information, legal and others
 Offences, Penalties, and Trial (Art. 31-41)
 cognizable, non-bailable and non-compoundable (Art.
39)
 Including in the schedule of the Mobile Courts Act,
2009 (Art. 41)

13. Art. 9: License
Art. 10: Eligibility for license
Art. 12: Suspension and cancellation of license
Art.18. Forfeiture of surety, and such others
 confiscating the whole or part of the surety money
Art. 19: Registration of migrant workers and protection of their interests
 registered with the Bureau and concerned trade and profession
recorded
Art. 21. Cost of Migration
Art. 22: Employment contract
worker’s wages, compensation, accommodation facilities, death or injury
etc
Art. 23: Labor Welfare Wing
Article 24: Duties of Labor Welfare Wing
 Listing, working condition, benefits and other problems etc.

14. Art. 26. Right to information
 Process, condition, employment contract
Art. 27. Legal aid
 Victims of fraud,
Art. 28. Right to file civil suit
Art. 29. Right to return home
Art. 30. Financial and other welfare programmes
 Bank loan, tax exemption, saving schemes ,investment
Art. 31: Penalties for sending migrant workers overseas in unlawful manner
charging unlawful amounts of fees, and such others. : 5 years imprisonment ,
not be less than 100000
Art. 32: Penalty for publishing unauthorized advertisements
1 year, 50000

15. Art. 33: Penalty for using unlawful means for collecting demand note, visa or work-permit
for overseas employment, or for trading in such documents
Art. 34: Penalty for arranging for departure through places other than the specified place
10 years, 500000
Art. 35. Penalty for other offences
6 months, 50000
Article 36. Penalty for abetting or instigating an offence, and such others
Article 37. Offences committed by a company
Art. 38. Trial
Under the Code of Criminal Procedure 1898 (Act No. V of 1898),
 triable by the Judicial Magistrate of First Class and the Metropolitan Magistrate
 Concluding within four months- extending more two months
At. 39: Cognizable, non-bailable and non-compoundable
 Articles 33 and 34
Art. 40 : Act deemed to be included in the schedule of the Mobile Courts Act, 2009
Art. 41. Complaints to the Government

16.  At least 32 mass graves discovered on a remote and rugged mountain in
border district Sadao, in Songkhla. The victims were job-seekers
hoping for a better life and wanting to change their fortunes.
Amdadul Haque, ‘A challenge for Human Security’, Dhaka Tribune, 11 May,
2015 (Accessed on: 10th April, 2016)
 According to Article 34 of the law, the local police, TNO, elected local
representatives, ministry of Expatriate Welfare and Overseas
Employment and other related ministries, BMET and BAIRA were
empowered to file cases against culprits.
 But it is unfortunate that till date no case has been filed under this law.
(Tasneem Siddiqui, ‘Where is the Migration Law 2013?’, The Daily
Star, 2nd December, 2014 (Accessed on 10th April, 2016))

17.  Structural Weakness of the Trial and the Code of Criminal
Procedure, 1898
 Structural Weakness of the Mobile Court Act, 2009
 Illusion between Directory and Mandatory Nature of Act
 No Measure against Unregulated Recruiting Agencies
 Lack of Punishment for the Failure of the Responsibilities of the
Authorized Officer of the Labor Welfare Wing
 Lack of Appropriate Measures in Destination Countries
 Lack of Measures for the Illegal Migrants Cheated by Human
Traffickers
 Lack of Rules of the Act
 Lack of Defined Time Frame to Finish the Case
 No definite Authority of the Government
 Illusion regarding Legal Aid for Migrants
 Lack of Proper Compensation

18.  Directory provisions to mandatory in nature
 The Code of Criminal Procedure 1898- the Judicial Magistrate of First
Class and the Metropolitan Magistrate to the Additional Judges of the
High Court Division
 The Mobile Courts Act 2009 (Act No. 59 of 2009)-
 Labor Welfare Wing: If the authorized officer fails to do this, he or she
should be ensured punishment.
 In the institution of the suspension and cancellation of license, there
needs to have a representative of the migrants.
 Proper measures should be included for the brokers and gang of
brokers under Article 31.
 How the cheated persons shall be repaid their money should be
clarified in the Act.
 The more the license will work for recruiting workers, the more
amount of security money will be kept as a bank solvency in order to
ease the repayment of the cheated workers.

19. Thank You