 The Recruiting Agents’ License and Conduct Rules 20026and  Expatriates’ Welfare and Oversees Employment Policy 2016 The Constitution of Bangladesh predates the CMW. Nevertheless, the basic human rights of migrant workers and members of their families have been directly or indirectly recognized in the Constitution. The preamble to the Constitution firmly declares that the aim of the State is to establish a society “free from exploitation”, based on the rule of law and underpinned by the respect for “fundamental human rights and freedoms”7. The Overseas Employment and Migrants Act (2013)8; (OEM Act) models CMW, emphasizing in its preamble, that it is “expedient and necessary to promote opportunities for overseas employment and establish a safe and fair system of labour migration, to ensure rights and welfare of migrant workers and members of their families”. Per the International Labour Organization, this is the first-ever law on labour migration passed by the Parliament of Bangladesh and one that derives principles from the International Labour Standards and the UN Conventions and recommendations.9 As part of the Act: (1) all workers migrating from Bangladesh, including domestic workers, are recognised as workers and are guaranteed basic labour rights- the principle of equality and non-discrimination is the basic feature of the Act; (2) they have the right to legal remedy; (3) they can access labour courts, mobile courts, and other courts; and (4) the Bureau of Manpower, Employment and Training (BMET) and labour attachés in destination countries are recognised as key rights custodians. NHRCB observes, the OEM Act is currently implemented through three sets of Rules10 which were formulated under its predecessor ordinance; a law which currently stands repealed. Furthermore, the bylaws were framed prior to Bangladesh ratifying CMW. As such, these bylaws need to be reviewed and replaced to follow CMW. The Commission also understands, that the formulation of new rules is in progress and would urge the Ministry of Expatriates’ Welfare and Overseas Employment (MoEWOE) to follow an inclusive process in formulating these Rules. Per section 20 11of the Emigration Rules, 2002, Wage Earners’ Welfare Board (WEWB) operates a fund12 to assist migrant workers and their family members. The fund is expected to- 6 The Recruiting Agents’ License and Conduct Rules was framed in 2002 pursuant to section 19 of the Emigration Ordinance 1982. It articulates the conduct of the recruiting agents. However, it lacks the rights-bases approach i.e. not articulates the duties and functions of the recruiting agents. 7 Protecting Migrant workers from Bangladesh – A Study of legal compliance with Migrant Workers’ Rights pg. 88 8 The Overseas Employment and Migrants Act, repealed the Emigration Ordinance 1982. The Act provides the following definitions: (1) "migration" means the departure of a citizen from Bangladesh for employment in a trade or profession in any foreign country; (2) “migrant” means any citizen of Bangladesh who has migrated to a foreign country for overseas employment in any work or profession and is staying in that country;(3) “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. 9 Extracted from ILO Bangladesh website: http://www.ilo.org/dyn/migpractice/migmain.showPractice?p_lang=en&p_practice_id=110 10 These Rules were framed in pursuance of the now repealed Emigration Ordinance 1982, section 19. The effect of these Rules has, however, been saved by the OEM Act 2013, section 49 (2). 11 Section 20 provides that: Each Emigrant shall deposit in the Welfare Fund for the welfare of the Emigrants, such amount of money, as may be fixed by the Government, through publication in the Gazette. 12 The fund operated by the Board of Director and receives funds from; welfare fees received from migrant workers,10% surcharge collected from consular services in overseas missions, Fees from attestation of demand letters/visas, rent received from Probashi Kalyan Bhaban and interest received from investment of different financial institutions. 2