Recent Illegal Migration Flows and Save Bangladesh: The Legal Framework. (International Migration and Refugee Law)

- Md. Tajul Islam

Immigration people on world map background

Published On - July 29, 2017 [Vol. 7, Jul - Dec, 2017]

Introduction:

Migration has become one of the primary concerns of various countries of the world. In the context of existing potential of manpower and the constraint to local employment opportunity, overseas employment is now considered as an obvious development alternative of economic emancipation and empowerment for Bangladesh. It has become an added advantage particularly for poverty alleviation of women in Bangladesh. International migration of manpower has in recent years emerged as the most important issue in the development discourse in Bangladesh. Remittances from Bangladeshi migrants have constituted a larger share of the country’s development budget than foreign aid. Thus, migration is now considered as important livelihood strategy for the people of Bangladesh.[1]

Definition of Legal and Illegal Migration:

Migration is the movement by people from one place to another with the intention of settling temporarily or permanently in the new location. The movement is typically over long distances and from one country to another, but internal migration is also possible. Migration may be by individuals, family units or in large groups.[2]

And Immigration is the movement of people into a country to which they are not native in order to settle there, especially as permanent or future citizens. Immigrants are motivated to leave their native countries for a variety of reasons, including a lack of local access to resources, a desire for economic prosperity, family re-unification, escape from prejudice, conflict or natural disaster, or simply the wish to change one’s surroundings.[3]

On the other hand, Illegal migration is the migration of people across national borders in a way that violates the immigration laws of the destination country. Some countries have millions of illegal immigrants. Immigration, including illegal immigration, is overwhelmingly increasing these days, from a poorer to a richer country. However, it is also noted that illegal immigrants tend not to be the poorest within their populations.[4]

According to the Overseas Employment and Migrations Act, 2013, section 2(2):- “Migrant means 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”.[5]

Historical Background of Migration:

Historical migration of human populations begins with the movement of Homo erectus out of Africa across Eurasia about 1.75 million years ago. Homo sapiens appear to have occupied all of Africa about 150,000 years ago, moved out of Africa 70,000 years ago, and had spread across Australia, Asia and Europe by 40,000 years BCE. Migration to the Americas took place 20,000 to 15,000 years ago, and within 2,000 years, most of the Pacific Islands were colonized. Later population movements notably include the Neolithic Revolution, Indo-European expansion, and the Early Medieval Great Migrations including Turkic expansion. In some places, substantial cultural transformation occurred following the migration of relatively small elite populations, Turkey and Azerbaijan being such examples. In Britain, it is considered that the Roman and Norman conquests were similar examples, while the most hotly debated of all the British cultural transitions is the role of migration in the relatively sudden and drastic change from Romano-Britain to Anglo-Saxon Britain, which may be explained by a possible substantial migration of Anglo-Saxon Y chromosomes into Central England (contributing 50%–100% to the gene pool at that time.) From 728 BC, the Greeks began 250 years of expansion, settling colonies in several places, including Sicily and Marseille. In Europe, two waves of migrations dominate demographic distributions, that of the Celtic people and that of the later Migration Period from the North and East, both being possible examples of general cultural change sparked by primarily elite and warrior migration. Other examples are small movements like that of the Magyars into Pannonia (modern-day Hungary). Turkic peoples spread from their homeland of Turkestan across most of Central Asia into Europe and the Middle East between the 6th and 11th centuries.[6] Recent research suggests that Madagascar was uninhabited until Austronesian seafarers from Indonesia arrived during the 5th and 6th centuries. Subsequent migrations from both the Pacific and Africa further consolidated this original mixture, and Malagasy people emerged. Between the 11th and 18th centuries, there were numerous migrations in Asia. The Vatsayan Priests from the eastern Himalaya hills, migrated to Kashmir during the Shan invasion in 1203 BC. They settled in the lower Shivalik hills in 1206 BC to sanctify the manifest goddess. In the Ming occupation, the Vietnamese expanded southward in a process known as nam tien. Manchuria was separated from China proper by the Inner Willow Palisade, which restricted the movement of the Han Chinese into Manchuria during the early Qing Dynasty, as the area was off-limits to the Han until the Qing started colonizing the area with them later on in the dynasty’s rule. The Age of Exploration and European colonialism led to an accelerated pace of migration since Early Modern times. In the 16th century, perhaps 240,000 Europeans entered American ports. In the 19th century, over 50 million people left Europe for the Americas.[7]

Recent Migration Flaws around the World:

There are many sources for estimates on worldwide migration patterns. The World Bank has published a yearly Migration and Remittances Fact book since 2008. The International Organization for Migration (IOM) has published a yearly World Migration Report since 1999. The United Nations Statistics Division also keeps a database on worldwide migration. Recent advances in research of migration via the Internet promises better understanding of migration patterns and migration motives.

The World Bank’s Migration and Remittances Fact book of 2011 lists the following estimates for the year 2010: Total number of immigrants: 215.8 million or 3.2% of world population. In 2013, the percentage of international migrants worldwide increased by 33% with 59% of migrants choosing developed regions. Almost half of these migrants are women which is one of the most significant migrant pattern changes in the last half century.

Often, a distinction is made between voluntary and involuntary migration or between refugees fleeing political conflict or natural disaster vs. economic or labour migration, but these distinctions are difficult to make and partially subjective, as the motivators for migration are often correlated.

The World Bank’s report estimates that, as of 2010, 16.3 million or 7.6% of migrants qualified as refugees. At the end of 2012, approximately 15.4 million people were refugees and persons in refugee-like situations and 87% of them found asylum in developing countries.

Structurally, there is substantial South-South and North-North migrations, i.e., most emigrants from high-income OECD countries migrate to other high-income countries, and a substantial part (estimated at 43%) of emigrants from developing countries migrate to other developing countries. The United Nations Population Fund says that, while the North has experienced a higher absolute increase in the migrant stock since 2000 (32 million) compared to the South (25 million), the South recorded a higher growth rate. Between 2000 and 2013, the average annual rate of change of the migrant population in the developing regions (2.3%) slightly exceeded that of the developed regions (2.1%).[8]

The top ten destination countries are:

-USA,

-Russian Federation,

-Germany,

-Saudi Arabia,

-Canada,

-UK,

-Spain,

-France,

-Australia and

-India.

The top ten countries of origin are:

-Mexico,

-India,

-Russian Federation,

-China,

-Ukraine,

-Bangladesh,

-Pakistan,

-UK,

-Myanmar

-Philippines and

-Turkey.

The top ten migration corridors worldwide are:

-Mexico–United States;

-Russia–Ukraine;

-Ukraine–Russia;

-Bangladesh–India;

-Turkey–Germany;

-Kazakhstan–Russia;

-Russia–Kazakhstan;

-China–Hong Kong;

-China–United States;

-Philippines–United States.

Remittance, i.e., funds transferred by migrant workers to their home country, is a substantial part of the economy of some countries. The top ten remittance recipients in 2010 were (estimates in billion US dollar):

-India (55; 2.7% of GDP)

-China (51; 0.5% of GNP)

-Mexico (22.6; 1.8% of GDP)

-Philippines (21.3; 7.8% of GDP)

-France (15.9; 0.5% of GDP)

-Germany (11.6; 0.2% of GDP)

-Bangladesh (11.1; 7.2% of GDP)

-Belgium (10.4; 1.9% of GDP)

-Spain (10.2; 0.7% of GDP)

-Nigeria (10.0; 1.9% of GDP).[9]

Recent Phenomena of Illegal Migration:

Australia

Official government sources put the number of visa overstates in Australia at approximately 50,000. This has been the official number of illegal immigrants for about 25 years and is considered to be low. Other sources have placed it at up to 100,000, but no detailed study has been completed to quantify this number, which could be significantly higher.

On 1 June 2013, the Migration Amendment (Reform of Employer Sanctions) Act 2013 commenced. This new law puts the onus on businesses to ensure that their employees maintain the necessary work entitlements in Australia. The new legislation also enables the Australian Department of Immigration and Citizenship to levy infringement notices against business (AUD $15,300) and individual (AUD $3,060) employers on a strict liability basis – meaning that there is no requirement to prove fault, negligence or intention.[10]

Brazil

Brazil has long been part of international migration routes. In 2009, the government estimated the number of illegal immigrants at about 200,000 people; a Catholic charity working with immigrants said there were 600,000 illegal immigrants (75,000 of which from Bolivia). That same year, the Brazilian Parliament approved an amnesty, opening a six-month window for all foreigners to seek legalization irrespective of their previous standing before the law. Brazil had last legalized all immigrants in 1998; bilateral deals, one of which promoted the legalization of all reciprocal immigrants with Bolivia to date, signed in 2005, are also common.[11]

Canada

There is no credible information available on illegal immigration in Canada. Estimates range between 35,000 and 120,000 illegal immigrants in Canada. James Bissett, a former head of the Canadian Immigration Service, has suggested that the lack of any credible refugee screening process, combined with a high likelihood of ignoring any deportation orders, has resulted in tens of thousands of outstanding warrants for the arrest of rejected refugee claimants, with little attempt at enforcement. Refugee claimants in Canada do not have to attempt re-entry to learn the status of their claim. A 2008 report by the Auditor General Sheila Fraser stated that Canada has lost track of as many as 41,000 illegal immigrants. This number was predicted to increase drastically with the expiration of temporary employer work permits issued in 2007 and 2008, which were not renewed in many cases because of the shortage of work due to the recession.[12]

China

China is building a security barrier along its border with North Korea to prevent entry of the defectors or refugees from North Korea. Also, many immigrants from Mongolia have tried to make it to China. There might be as many as 100,000 Africans in Guangzhou, mostly illegal. To encourage people to report foreigners living illegally in China, the police are giving a 100 Yuan reward to whistleblowers whose information successfully leads to an expulsion.[13]

European Union

According to a BBC report from 2012, over 80% of illegal immigrants entering the European Union pass through Greece.

A tough 2008 EU immigration law allowing to detain illegal immigrants for up to 18 months before deportation had triggered outrage across Latin America, with Venezuelan President Hugo Chávez threatening to cut off oil exports to Europe.[14]

United Kingdom

As of 2009 there were between 550,000 and 950,000 illegal immigrants in the United Kingdom, with a figure of 750,000 as the most likely number. The United Kingdom is a difficult country to reach as it is mostly located on one island and part of another, but traffickers in Calais, France have tried to smuggle illegal immigrants into the UK. Many illegal immigrants come from Africa and Asia. As of 2008 there were also many from Eastern Europe and Latin America having overstayed their visas.

A 2012 study carried out by the University of Oxford’s Centre on Migration, Policy and Society (COMPAS) has estimated that there were 120,000 irregular migrant children in the UK, of whom 65,000 were born in the UK to parents without legal status. According to the study these children are at risk of destitution, exploitation and social exclusion because of contradictory and frequently changing rules and regulations which jeopardize their access to healthcare, education, protection by the police and other public services.[15]

Russia

Russia experiences a constant flow of immigration. On average, 200,000 legal immigrants enter the country every year; about half are ethnic Russians from other republics of the former Soviet Union. In addition, there are an estimated 10–12 million unauthorized immigrants in the country. There has been a significant influx of ethnic Georgians, Armenians, Azerbaijanis and Uzbeks into large Russian cities in recent years, which has been viewed very unfavorably by many citizens and contributed to nationalist sentiments.[16]

Saudi Arabia

In 2004, Saudi Arabia began construction of a Saudi–Yemen barrier between its territory and Yemen to prevent the unauthorized movement of people and goods into and out of the Kingdom. Anthony H. Cordesman labeled it a “separation barrier.” In February 2004, The Guardian reported that Yemeni opposition newspapers likened the barrier to the Israeli West Bank barrier, while The Independent wrote “Saudi Arabia, one of the most vocal critics in the Arab world of Israel’s ‘security fence’ in the West Bank, is quietly emulating the Israeli example by erecting a barrier along its porous border with Yemen”. Saudi officials rejected the comparison saying it was built to prevent infiltration and smuggling.[17]51-53

United States

Between 10 million and 20 million illegal immigrants are estimated to be living in the United States. Estimates from the Pew Hispanic Center show the number of illegal immigrants has declined to 11.1 million in March 2009 from a peak of 12 million in March 2007. The majority of the illegal immigrants are from Mexico. Illegal immigration has long been controversial. In 2007, The Pew Hispanic Center notes that while the number of legal immigrants arriving has not varied substantially since the 1980s, the number of illegal immigrants has increased dramatically and, since the mid-1990s, has surpassed the number of legal immigrants. Penalties for employers of illegal immigrants, of $2,000–$10,000 and up to six months imprisonment, go largely unenforced.

In a 2011 news story, Los Angeles Times reported, illegal immigrants in 2010 were parents of 5.5 million children, 4.5 million of whom were born in the U.S. and are citizens. Because illegal immigrants are younger and more likely to be married, they represented a disproportionate share of births — 8% of the babies born in the U.S. between March 2009 and March 2010 had at least one illegal immigrant parent. Immigration from Mexico to the United States has slowed in recent years. This has been attributed to the slowing of the U.S. economy, the buildup in security along the border and increased violence on the Mexican side of the border.[18]54-64

Illegal Migration on Bangladesh Perspective:

Bangladesh is a developing country from which an about eight million Bangladeshis are working abroad. Migration is playing a very critical role to the economy of Bangladesh. About 60% of current Bangladeshi migrant overseas are women and this trend is increasing day by day. Most of them are recruited by the private recruitment agencies. The Bureau of Manpower Employment and Training (BMET) are responsible for the whole migration process in Bangladesh, including management of the process and ensuring of welfare of the migrants. There are around 800 formal recruitment agencies in Bangladesh, but a large number of migrant workers receive work permits through unofficial channels and migrate without the knowledge of BMET. These undocumented workers are particularly vulnerable to exploitation. As a major sending country, Bangladesh needs to develop frameworks or agreements that are binding on both home and host governments and employers to improve protection of Bangladeshi workers overseas.

It is estimated that over five million Bangladeshis are currently working overseas, contributing greatly to their families, communities and the country’s economy through remittances. Remittances sent by migrants through official channels reached a record high level of USD 11 billion in 2010. Migration is increasingly being recognized as a viable livelihood option and one of the major development issues for Bangladesh. The growth in migration from Bangladesh and the increasing levels of remittances and consequent benefits to the society and the country are not without its challenges. Alongside regular and beneficial migration – irregular migration, informal channels of remittance and irregular migration, informal channels of remittance and human trafficking continue to result in serious violations of migrants rights and an increasing number of Bangladeshi irregular migrants are apprehended in destination countries. Other contributing factors include irregular recruitment practices and abuses, rising migration costs, and a lack of data and follow-up with returning migrants, who have greater vulnerability in terms of infectious diseases, psychological well-being and lack of access to appropriate health services. Health of mobile populations is a growing concern expressed by governments, international organizations, NGOs, and civil society on many international forums. In order to address some of these challenges, Government operational and administrative capacity needs to be enhanced. Responses include further investment and assistance in cross-border technical cooperation, capacity-building of and regional order checkpoints, prevention of migration-related crime, awareness-raising on the risks of irregular migration and improved labor migration management.

Additionally, trafficking people, including the trafficking of women and children for commercial sexual exploitation and trafficking of men, women and children for labor exploitation, remains a grave concern in the country and the region. In order to combat trafficking, the capacity of relevant authorities in Bangladesh and relevant destination countries is being strengthened. Furthermore, awareness raising activities on safe migration are being conducted. Innovative ventures building on principles of Corporate Social Responsibility and Private Public Partnership have been initiated for economic empowerment and reintegrating, victims of trafficking.

Most migrant workers from Bangladesh are engaged in the notorious `3-D’s- dangerous, dirty and demeaning jobs. Due to flawed immigration policy and poor enforcement, migrant workers have been victims of corruption by middlemen before departure; their employers in the host country confiscate their passports, force them to sign reversed contracts in a language they do not understand, pay low wages, delay payment and provide no medical care.[19]

District-wise migration from Bangladesh showing in number[20]:

District Male Female Male Female Male Female Male Female Total
2005 2006 2007 2008
1 BAGERHAT 681 68 836 87 2735 100 3733 107 8347
2 BANDARBAN 27 2 50 1 128 5 205 4 422
3 BARGUNA 607 103 793 118 2329 124 2758 116 6948
4 BARISAL 2833 426 3879 501 11322 520 11631 540 31652
5 BHOLA 1196 62 1923 74 5078 85 6464 93 14975
6 BOGRA 2301 106 3938 142 13744 171 13979 138 34519
7 BRAHMANBARIA 13275 417 22428 546 42941 581 36227 538 116953
8 CHANDPUR 9956 314 16172 364 33624 350 33456 283 94519
9 CHITTAGONG 21435 103 30063 144 55315 187 88219 166 195632
10 CHUADANGA 682 34 926 68 4881 143 4613 86 11433
11 COMILLA 26650 653 45459 823 89428 982 80173 773 244941
12 COX’SBAZAR 1424 23 2000 48 4762 59 8173 41 16530
13 DHAKA 12571 2356 17146 2921 36174 3273 33395 3757 111593
14 DINAJPUR 349 28 525 29 1666 36 2305 49 4987
15 FARIDPUR 3416 551 5925 1085 17296 1271 14690 1309 45543
16 FENI 7008 50 10852 67 20500 83 23706 46 62312
17 GAIBANDHA 708 30 1113 28 3639 43 4116 73 9750
18 GAZIPUR 6614 1102 9591 1249 20622 1276 18254 1266 59974
19 GOPALGANJ 963 61 1546 90 5235 121 6333 110 14459
20 HABIGANJ 2768 97 4620 157 9560 233 14920 233 32588
21 JAIPURHAT 343 31 619 27 2393 50 2363 35 5861
22 JAMALPUR 1670 70 2450 83 7341 94 8768 91 20567
23 JESSORE 1705 247 2585 405 13689 540 15418 427 35016
24 JHALAKATHI 853 105 1127 113 2728 120 2806 128 7980
25 JHENAIDAH 1484 92 1918 189 8579 328 9691 260 22541
26 KHAGRACHARI 106 9 131 2 245 4 594 7 1098
27 KHULNA 580 80 902 91 2889 141 3628 158 8469
28 KISHOREGANJ 5024 408 8611 484 18817 545 16841 508 51238
29 KURIGRAM 266 20 374 14 1427 16 1771 14 3902
30 KUSHTIA 1650 65 2749 123 9896 159 11908 130 26680
31 LAKSHMIPUR 5003 78 8461 92 19683 93 19457 71 52938
32 LALMONIRHAT 83 5 107 11 505 9 835 12 1567
33 MADARIPUR 2397 246 3887 306 11234 295 11220 286 29871
34 MAGURA 681 53 1007 79 4278 90 4957 74 11219
35 MANIKGANJ 4968 1337 6930 1755 14684 1855 13502 2586 47617
36 MEHERPUR 854 48 2358 79 8243 91 6829 44 18546
37 MOULVIBAZAR 5038 64 6820 113 10282 79 16693 87 39176
38 MUNSHIGANJ 7467 533 12716 629 29448 604 25293 669 77359
39 MYMENSINGH 5234 329 8559 420 19092 461 18957 423 53475
40 NAOGAON 1228 61 1959 100 6904 157 6839 141 17389
41 NARAIL 809 27 991 62 3923 60 4044 64 9980
42 N. GANJ 5345 1061 8983 1352 22601 1449 19551 1488 61830
43 NARSINGDI 7136 716 11051 825 26611 925 22175 968 70407
44 NATORE 864 62 1313 60 4716 83 5198 69 12365
45 NAWABGANJ 2820 40 6032 18 12619 43 10756 22 32350
46 NETROKONA 512 46 810 54 2425 72 3539 110 7568
47 NILPHAMARI 160 36 333 41 911 26 1317 36 2860
48 NOAKHALI 8244 107 13686 134 29594 171 32936 119 84991
49 PABNA 1925 102 2921 123 10829 162 12825 154 29041
50 PANCHAGARH 45 20 62 7 297 8 380 6 825
51 PATUAKHALI 617 117 819 120 2853 140 3154 177 7997
52 PIROJPUR 1217 123 1785 160 4332 177 4272 161 12227
53 RAJBARI 890 109 1536 159 5759 230 6174 227 15084
54 RAJSHAHI 737 45 1457 59 4748 64 5420 87 12617
55 RANGAMATI 38 6 73 1 161 5 310 5 599
56 RANGPUR 568 27 833 26 3385 38 3806 57 8740
57 SATKHIRA 778 49 990 77 4156 151 4147 135 10483
58 SHARIATPUR 2467 300 4572 316 11637 315 12219 353 32179
59 SHERPUR 345 52 428 56 1393 53 1949 50 4326
60 SIRAJGANJ 1039 45 1388 72 6802 107 10586 135 20174
61 SUNAMGANJ 2028 33 2346 66 5057 96 9096 72 18794
62 SYLHET 7008 61 7823 72 13783 113 19755 93 48708
63 TANGAIL 15044 366 25356 446 48094 468 42039 344 132157
64 THAKURGAON 135 22 237 7 794 13 1294 16 2518
Total 222869 14039 349880 17970 800816 20343 842662 20827 2289406

 Reason behind Illegal Migration[21]:

Reason behind Illegal Migration can be divided into two groups of factors:

1. Push Factors and

2. Pull Factors.

Push factors are things that are unfavorable about the area that one lives in, and pull factors are things that attract one to another area.

Push Factors:

-Not enough jobs

-Few opportunities

-Inadequate conditions

-Desertification

-Famine or drought

-Political fear or persecution

-Slavery or forced labour

-Poor medical care

-Loss of wealth

-Natural disasters

-Death threats

-Desire for more political or religious freedom

-Pollution

-Poor housing

-Landlord/tenant issues

-Bullying

-Discrimination

-Poor chances of marrying

-Condemned housing (radon gas, etc.)

-War

Pull Factors:

-Job opportunities

-Better living conditions

-The feeling of having more political and/or religious freedom

-Enjoyment

-Education

-Better medical care

-Attractive climates

-Security

-Family links

-Industry

-Better chances of marrying.

Impact of Illegal Migration[22]:

Economy :

With the growing numbers of illegal immigrants, they will need social programs like government schools and hospitals. They may also need to be included in the socialized housing programs if necessary. it would cost the government additional funds coming from the taxpayers’ money to support them. Undocumented immigrants are also the great responsibilities of our government so whether we like it or not, as a democratic and free country, we still have to provide these immigrants the privileges any human deserve although not in special way like the citizens.

Job Security:

 Based from the studies, since there are now illegal immigrants that are into labor force, employers who are into manual and blue-collar businesses are hiring the skilled ones while they lowered the wages of the state workers without their high school diploma. So mainly, jobs now like in the construction, janitorial, maintenance, waste management and other so-called “lower-end jobs” and “dirty jobs” is being handed over preferably to undocumented immigrants on low salary rate.

Crime Prevention:

Most crimes in the state are usually caused by young people and surprisingly many of these are children of illegal immigrants. These youths are being used by underground syndicates and encourage them to form their groups and gangs within less-inhabited territories and do drug dealing, gun smuggling and even use the Internet to do their criminal acts.

Health Care Services :

It is undeniable that with the long lines of people on government hospitals seeking for medical assistance every day, some of these are illegal immigrants. It is only proper for us to treat them like everybody else. However, a large number of them can literally take a lot on the hospitals’ funding which the national government provides. Though there are also a lot of undocumented immigrants who pay their taxes and social security, not all of the sick ones seeking medical assistance do pay these obligations.

Public Education:

According to the world’s rule of law, education is now one of man’s basic necessities so it is the role of every government to provide free or subsidized education to its citizens. However, it is estimated that in 2009, around 5 to 8 percent of students in the elementary and high school are children of immigrants while a big portion of these are kids of illegal immigrants. Assuming that the illegal immigrant parents don’t pay the right taxes, the majority of the American school children including the kids of legal immigrants are getting deprived of funds because some of the money goes to funding children of illegal immigrants instead of using it to better facilities and further implementation of school development programs.

National security:

National security is one of the major highlights that are contained in the proposed Comprehensive Immigration Reform bill. This bill has a good purpose and that it should greatly lessen the number of illegal immigrants that intrude borders while it is also aimed at securing the country’s security and safety of the people. Lack of diligence on the part of the authorities is another factor so when illegal immigrants make their way through, they continue to attract more people to follow through and so the cycle continues.

Laws relating to Migration and its Application:

The Overseas Employment and Migrations Act, 2013 and Immigration Ordinance, 1982 are the two existing parent laws regarding migration in Bangladesh. Moreover, the government is likely to enact more of such provisions as 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. 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 case on behalf of the victims with the four special courts set up in four old divisions.

In 31 years only 250 cases had been filed with the four courts despite thousand of incidents of cheating in the processing of overseas jobs had taken place during that period. A total of 90 cases had been settled while the rest are under the process of undergoing trials. The secretary said that the rights of migrant workers would be protected and the cheated migrants would get justice. According to BMET, the country received $14.17 bn 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 Tk 3,00,000 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 Tk 5, 00,000 for the publishing or publicizing 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 case 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 for 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, 2013 the cabinet finally approved the draft of the Overseas Employment and Migration Act-2013 placed by the Expatriates’ Welfare and Overseas Employment Ministry.[23]

Recommendations:

Awareness campaign and information dissemination are two major tools for ensuring safe migration of workers through raising their awareness and knowledge. This program may be designed at pre-decision making, pre-employment and pre-departure stages. The major contents of the information may be as follows:

1. Information on legal migration cost.

2. Minimum wages in different countries.

3. Facilities and problems of migration in various countries.

4. Cost and benefit analysis of migration

5. Legal channel of migration

6. Do’s and don’ts in the migration process

7. Training opportunities and requirement for the job

8. Checking of papers from BMET (Bureau of Manpower, Employment and Training).

Economic and Social re-integration of the returnee migrant is another important issue particularly for the migrant workers. This may be facilitated through the following approaches:

1. SME information regarding sector selection, business formation and other operational info.

2. Information on micro credit facilities

3. Information on saving procedures

4. New job opportunities abroad

5. Relevant job information in the country

6. Various training opportunities for further skill development

Returnee migrants, those who have faced problems in the country of their workplace, assistance may be provided for reporting to police, filing complaints to BMET & special courts and liaison with law agencies.

Conclusion:

Migration worker can play a pivotal role in the development of human resources with appropriate competence level. To achieve the target of faster national development, it is important to analyze and explore the potential of labor resources. It needs special emphasis to dedicate more public funds to skill development particularly for immigrates in the fiscal as well as in the perspective plan. To meet the future demand for skill training it is essential to encourage private sector and NGOs in a big way in the vocational training field. The focus of world economy has been changed from the cheap unskilled labor to highly skilled and organized workforces. In the coming decade, computerization is becoming an utmost importance. The international market for computer-related services is also expanding at an unprecedented rate. The nature and extent of skills in the labor force should change accordingly. The main thought is to be given on developing human resources through institutional and informal training. This also needs international recognition or certification of the training courses. With these views, skill development training program of women workers should be strengthened and be made effective to cater to the needs of the overseas market.

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  • David Eltis Economic Growth and the Ending of the Transatlantic slave trade
  • Report on a New Policy for the Ainu: A Critique
  • http://siteresources.worldbank.org/INTLAC/Resources/Factbook2011-Ebook.pdf
  • http://esa.un.org/unmigration/wallchart2013.htm
  • Oiarzabal, P. J., & Reips, U.-D. (2012). Migration and diaspora in the age of information and communication technologies. Journal of Ethnic and Migration Studies, 38(9), 1333-1338. doi:10.1080/1369183X.2012.698202. http://www.uni-konstanz.de/iscience/reips/pubs/papers/Oiarzabal_Reips_INTRO_JEMS_Special%20issue
  • Reips, U.-D., & Buffardi, L. (2012). Studying migrants with the help of the Internet: Methods from psychology. Journal of Ethnic and Migration Studies.http://www.unikonstanz.de/iscience/reips/pubs/papers/2012ReipsBuffardi_JEMS.pdf
  • “International Migration 2013 (wall chart)”. UNFPA. 2013.
  • India, Russia and the UK figure in both lists, as they have substantial immigration and substantial emigration, but also because the ranking is by absolute numbers and thus favours large countries.
  • The 90, page report, along with supporting evidence, is available on the GCIM website org
  • “Employer Sanctions Legislation – Visa Checks Made Easy”. 2013-06-01. Retrieved 2013-10-22.
  • “Fact Sheet – Employing Legal Workers”. Immi.gov.au. 2008-10-29. Retrieved 2013-10-22.
  • http://www.siliconindia.com/news/business/15-Nations-Sending-Highest-Remittances-to-India-nid-147515-cid-3.html
  • http://www.newstoday.com.bd/index.php?option=details&news_id=2377656&date=2014-05-09
  • Bhaumik, Subir (November 7, 2007). “Bhutan refugees are ‘intimidated'”. BBC News. Retrieved 2008-09-19.
  •  “Globo.com”. G1.globo.com. Retrieved 2012-10-23.
  • Do G1, em São Paulo. “Globo.com – PF faz operação contra imigração ilegal de chineses em 3 estados”. G1.globo.com. Retrieved 2012-10-23.
  • “Klaus Hart Brasilientexte,Fremdenfeindlichkeit in Brasilien”. Hart-brasilientexte, Retrieved 2012-10-23.
  • Ministério do Planejamento.
  • October 20, 2007 (2007-10-20). “Many Canadians want illegal immigrants deported: poll”. Canada.com. Retrieved2012-10-23.
  • James Bissett: Stop bogus refugees before they get in.
  • “Canada has lost track of 41,000 illegals: Fraser”, CTV.ca. Retrieved 2012-10-23.
  • OAG 2008 May Report of the Auditor General of Canada.
  • “How we’re creating an illegal workforce”. Toronto: Thestar.com. 2009-11-01. Retrieved 2012-10-23.
  • “Journey across crisis-hit Greece: Immigration challenge”. BBC. June 9, 2012.
  • “Immigrant amnesty ‘road to hell'”. BBC News. March 17, 2009.
  • The true cost of an amnesty, Migration Watch UK.
  • Archbishop backs amnesty for Britain’s illegal immigrants, The Independent, November 24, 2008.
  • “No way out, no way in: Migrant children fall through the net | irregular voices”. Irregularvoices.wordpress.com.
  • Home Office (November 2013). “SHAM MARRIAGES AND CIVIL PARTNERSHIPS”, Government UK.
  • “Russia cracking down on illegal migrants”. International Herald Tribune. January 15, 2007.
  • Moscow to deport Tajiks by air.
  • Russian police determined to oust Georgians from Moscow.
  • Russian nationalists protest against illegal immigration in Irkutsk.
  • Chinese Come To Russia.
  • Yevgeniy Basenko (Евгений Басенко) (2008-10-29).”A North Korean has swum across the Amur, only to end up in a Russian prison.
  • Anthony H. Cordesman, Saudi Arabia: National Security in a Troubled Region,  276.
  • Whitaker, Brian (February 17, 2004). “Saudi security barrier stirs anger in Yemen”. London: The Guardian. Retrieved 2007-03-23.
  • Bradley, John (February 11, 2004). “Saudi Arabia enrages Yemen with fence”. London: The Independent. Retrieved 2007-03-23.
  • Illegal immigrants in the US: How many are there?, csmonitor.com
  • Illegal Immigration Down Sharply.
  • Study Details Lives of illegal immigrants in U.S., NPR
  • David J. Lynch and Chris Woodyard, USA Today, April 11, 2006. Immigrants Claim Pivotal Role in Economy.
  • “Illegal Migrants: Numbers and Characteristics” (PDF). Pew Hispanic Center. 2005-05-14. Retrieved 2009-03-01.
  • “Title 8—Aliens and Nationality, Chapter 12—Immigration and Nationality, Subchapter II—Immigration (Sec. 274A of the Immigration and Nationality Act (INA) and 8 U.S.C. 1324a)”. S. Code Online. United States Department of Justice. Retrieved 2009-03-01.
  • ALIPAC.
  • Anti-Immigrant Group Calls for ‘Safe Passage’ Of Illegal’s Out of U.S.
  • “Illegal immigration in U.S. stabilizes”. Los Angeles February 2, 2011.
  • Goerdt, Ana. “Ignoring the numbers on Mexico-U.S. migration”. Border Fact Check. Washington Office on Latin America. Retrieved 23 August 2012.
  • Isacson, Adam; Meyer, Maureen (2012). Beyond the Border Buildup: Security and Migrants along the U.S.-Mexico Border.
  • Human Rights Watch, “Building Towers Cheating Workers: Exploitation of Migrant Construction Workers in the United Arab Emirates”, 2006.
  • Gender Analysis of Migration from Bangladesh, Md. Nurul Islam.
  • Gender Analysis of Migration from Bangladesh, Md. Nurul Islam.
  • http://www.immigrationintheus.org/the-negative-effects-of-illegal-immigration-in-the-u-s-a/negative-effects-of-illegal-immigration.
  • The Immigration Ordinance, 1982.
  • The Overseas Employment and Migrations Act, 2013.

[1] Gender Analysis of Migration from Bangladesh, Dr. Md. Nurul Islam.

[2] Encyclopedia Britannica (11th Ed.).

[3] http://www.merriam-webster.com/dictionary/immigration

[4] Taylor, Mark (December 2007). “The Drivers of Immigration in Contemporary Society: Unequal Distribution of Resources and Opportunities”. Human Ecology 35 (6). Retrieved 2009-12-10.

[5] The Overseas Employment and Migrations Act, 2013.

[6] Tatjana Zerjal; Wells, R. Spencer; Yuldasheva, Nadira; Ruzibakiev, Ruslan; Tyler-Smith, Chris et al. (2002). “A Genetic Landscape Reshaped by Recent Events: Y-Chromosomal Insights into Central Asia”. The American Journal of Human Genetics. Weale, Michael E.; Deborah A. Weiss, F. Jager, Neil Bradman and Mark G. Thomas (2002). “Chromosome Evidence for Anglo-Saxon Mass Migration”. Molecular Biology and Evolution 19 (7): 1008–1021. Retrieved 11 May 2011.  Language trees support the express-train sequence of Austronesian expansion, Nature The appearance of Indo-Aryan speakers, Encyclopedia Britannica, Trivedi, Bijal P (2001-05-14). “Genetic evidence suggests European migrants may have influenced the origins of India’s caste system”. Genome News Network (J. Craig Venter Institute). Retrieved 2005-01-27.

[7] https://en.wikipedia.org/wiki/History_of_human_migration and Genetic Evidence on the Origins of Indian Caste Populations — Bamshad et al. 11 (6): 994, Genome Research,  Malagasy languages, Encyclopedia Britannica, Migrations-&-World History,  The Le Dynasty and Southward Expansion,  “The Colombian Mosaic in Colonial America” by James Axtell, David Eltis Economic Growth and the Ending of the Transatlantic slave trade.

[8] Report on a New Policy for the Ainu: A Critique, http://siteresources.worldbank.org/INTLAC/Resources/Factbook2011-Ebook.pdf, http://esa.un.org/unmigration/wallchart2013.htm, Oiarzabal, P. J., & Reips, U.-D. (2012). Migration and diaspora in the age of information and communication technologies. Journal of Ethnic and Migration Studies, 38(9), 1333-1338. doi:10.1080/1369183X.2012.698202.http://www.unikonstanz.de/iscience/reips/pubs/papers/Oiarzabal_Reips_INTRO_JEMS_Special%20issue.

[9] Reips, U.-D., & Buffardi, L. (2012). Studying migrants with the help of the Internet: Methods from psychology. Studies.http://www.unikonstanz.de/iscience/reips/pubs/papers/2012ReipsBuffardi_JEMS.pdf “International Migration 2013 (wall chart)”. UNFPA. 2013. India, Russia and the UK figure in both lists, as they have substantial immigration and substantial emigration, but also because the ranking is by absolute numbers and thus favours large countries. The 90, page report, along with supporting evidence, is available on the GCIM website gcim.org.

[10]  “International Migration 2013 (wall chart)”. UNFPA. 2013. India, Russia and the UK figure in both lists, as they have substantial immigration and substantial emigration, but also because the ranking is by absolute numbers and thus favours large countries.

[11] The 90, page report, along with supporting evidence, is available on the GCIM website gcim.org. “Employer Sanctions Legislation – Visa Checks Made Easy”. 2013-06-01. Retrieved 2013-10-22. “Fact Sheet – Employing Legal Workers”. Immi.gov.au. 2008-10-Retrieved 2013.http://www.siliconindia.com/news/business/15-Nations-Sending Highest-Remittances-to-India-nid-147515-cid-3.html

[12]http://www.newstoday.com.bd/index.php?option=details&news_id=2377656&date=2014-05-09. Bhaumik, Subir (November 7, 2007). “Bhutan refugees are ‘intimidated'”. BBC News. Retrieved 2008-09-19. BBC. “Globo.com”. G1.globo.com. Retrieved 2012-10-23. Do G1, em São Paulo. “Globo.com – PF faz operação contra imigração ilegal de chineses em 3 estados”. G1.globo.com. Retrieved 2012-10-23. “Klaus Hart Brasilientexte,Fremdenfeindlichkeit in Brasilien”. Hart-brasilientexte, Retrieved 2012-10-23.

[13] Ministério do Planejamento. October 20, 2007 (2007-10-20). “Many Canadians want illegal immigrants deported: poll”. Canada.com. Retrieved2012-10-23. James Bissett: Stop bogus refugees before they get in. “Canada has lost track of 41,000 illegals: Fraser”, CTV.ca. Retrieved 2012-10-23.

[14]  OAG 2008 May Report of the Auditor General of Canada.

[15] “How we’re creating an illegal workforce”. Toronto: Thestar.com. 2009-11-01. Retrieved 2012-10-23. “Journey across crisis-hit Greece: Immigration challenge”. BBC. June 9, 2012. “Immigrant amnesty ‘road to hell'”. BBC News. March 17, 2009.

[16] The true cost of an amnesty, Migration Watch UK. Archbishop backs amnesty for Britain’s illegal immigrants, The Independent, November 24, 2008.  “No way out, no way in: Migrant children fall through the net | irregular voices”. Irregularvoices.wordpress.com. Home Office (November 2013). “SHAM MARRIAGES AND CIVIL PARTNERSHIPS”, Government UK. “Russia cracking down on illegal migrants”. International Herald Tribune. January 15, 2007.

[17] Moscow to deport Tajiks by air. Russian police determined to oust Georgians from Moscow. Russian nationalists protest against illegal immigration in Irkutsk. Chinese Come To Russia.

[18] Yevgeniy Basenko (Евгений Басенко) (2008-10-29). “A North Korean has swum across the Amur, only to end up in a Russian prison. Anthony H. Cordesman, Saudi Arabia: National Security in a Troubled Region, p. 276. Whitaker, Brian (February 17, 2004). “Saudi security barrier stirs anger in Yemen”. London: The Guardian. Retrieved 2007-03-23. Bradley, John (February 11, 2004). “Saudi Arabia enrages Yemen with fence”. London: The Independent. Retrieved 2007-03-23. Illegal immigrants in the US: How many are there?, csmonitor.com.  Illegal Immigration Down Sharply. Study Details Lives of illegal immigrants in U.S., NPR. David J. Lynch and Chris Woodyard, USA Today, April 11, 2006. Immigrants Claim Pivotal Role in Economy.  “Illegal Migrants: Numbers and Characteristics” (PDF). Pew Hispanic Center. 2005-05-14. Retrieved 2009-03-01. “Title 8—Aliens and Nationality, Chapter 12—Immigration and Nationality, Subchapter II—Immigration (Sec. 274A of the Immigration and Nationality Act (INA) and 8 U.S.C. 1324a)”. U.S. Code Online. United States Department of Justice. Retrieved 2009-03-01.

[19]  ALIPAC. Anti-Immigrant Group Calls for ‘Safe Passage’ Of Illegal’s Out of U.S.

[20] “Illegal immigration in U.S. stabilizes”. Los Angeles Times. February 2, 2011. Goerdt, Ana. “Ignoring the numbers on Mexico-U.S. migration”. Border Fact Check. Washington Office on Latin America. Retrieved 23 August 2012.

[21] Isacson, Adam; Meyer, Maureen (2012). Beyond the Border Buildup: Security and Migrants along the U.S.-Mexico Border. Human Rights Watch, “Building Towers Cheating Workers: Exploitation of Migrant Construction Workers in the United Arab Emirates”, 2006.

[22] Gender Analysis of Migration from Bangladesh, Dr. Md. Nurul Islam.

[23] Gender Analysis of Migration from Bangladesh, Dr. Md. Nurul Islam. The Immigration Ordinance, 1982. The Overseas Employment and Migrations Act, 2013.

About The Writer

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Md. Tajul Islam

Joint District Judge, Judge Court, Thakurgaon.

Bangladesh

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