human rights issue and outlined key strategies to address it.24 The Thematic Committee on Migrant
Worker’s Rights will also be undertaking further research particularly focused on female migrant workers
to identify strategic avenues for NHRC to engage with its peers in countries hosting Bangladeshi migrants.
NHRC is a relatively new institution. Nevertheless, the Commission has been making efforts to address
human rights violations including complaints made by migrant workers. At present all complaints are
handled by its Complaint and Inquiry Department; which is expected to gradually expand enhancing its
scope and outreach in all divisions in Bangladesh.
General Information- Issue 5
There is a general lack of authentic data in most sectors in the country. Unfortunately, the sector on
migrant workers is not an exception. Improvements must be made to capture data at source and identify
clear alternative sources to verify collected data.
The Commission is concerned about the undocumented and irregular Bangladeshi migrants living
overseas. Often such persons are subjected to harassments and face human rights violations. Irregularities
connected with the work permits and visas are among the key reasons for persons being detained.
Unfortunately, there is no data source to verify exactly how many migrant workers are currently under
detention. In the past NHRCB has received intimations from family-members of migrant worker’s detained
/imprisonment abroad. In such instances the Commission has communicated with relevant authorities in
the country of employment and has found ways to assist victims. Despite NHRCB’s success in resolving
such issues there is still a need to formalize these channels, further strengthen communications and
remedies made more effective. Further, the Commission would urge Bangladeshi missions overseas to
play a proactive role in assisting such persons and provide needed guidance to regularize their stay
overseas if they are willing to continue.
Per Bangladesh Planning Commission 33,000 registered Rohingya refugees of 1991-92 inflow are living in
two camps in Cox’s Bazar. But an additional 300,000 to 500,000 undocumented Rohingya’s are staying in
southeastern districts of the country25. It is also reported that about 70,000 Rohingya’s have entered
Bangladesh since October 201626.The Commission noted during its stakeholder discussion held in Cox’s
Bazar on the 24- 26th Feb 2017, that the Foreigners Act 194627 was not strictly applied to Rohingya
Refugees living in Bangladeshi territory. Therefore, the Rohingya’s are not arrested and detained unless
there is a breach of peace or a crime committed.
The Commission acknowledges that the migrant workers are vulnerable and is at a risk to be exposed to
HIV AIDS. The Commission in the past has advocated to irradiate the stigma attached to the HIV – AIDS
and has been taking part in advocacy campaigns.
NHRCB notes, chapter III-Sections 9-18 of the OEM Act, prescribes for licencing, eligibility for licence,
duration and renewal of licence, suspension and cancellation of licence, duties of the recruiting agent,
transfer of licence & change of address, forfeiture etc. However, as mentioned before it is vital that the
24
http://www.nhrc.org.bd/site/page/3fcc73df-2d0f-42d0-9eb3-5ace76e9f314/Strategic-Plan
https://www.dropbox.com/s/of5em15ca40021j/Migration%20Trend%20Analysis%202016.pdf?dl=0
26 www.bbc.com/news/world-39218105( Interview with Yanghee Lee – UN Special Rapporteur for Human Rights in Myanmar)
27 Section 3. (1) The Government may by order make provision, either generally or with respect to all foreigners or with respect to any foreigner
or any prescribed class or description of foreigner, for prohibiting, regulating or restricting the entry of foreigners into Bangladesh or their
departure therefrom or their presence or continued presence therein.
25
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