Recent Illegal Migration Flows and Save Bangladesh: The Legal Framework

Md. Tajul Islam

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 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 upward, 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 by 2,000 years ago, 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 in modern Turkestan across most of Central Asia into Europe and the Middle East between the 6th and 11th centuries.^6-10 Recent research suggests that Madagascar was uninhabited until Austronesian seafarers from Indonesia arrived during the 5th and 6th centuries AD. 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 1203C. They settled in the lower Shivalik hills in 1206C 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.^11-16

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 promise 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%).^17-20

The top ten destination countries are:

1. USA,
2. Russian Federation,
3.  Germany,
4. Saudi Arabia,
5. Canada,
6.  UK,
7. Spain,
8. France,
9. Australia and
10.  India.

The top ten countries of origin are: 

1. Mexico,
2. India,
3. Russian Federation,
4. China,
5. Ukraine,
6. Bangladesh,
7. Pakistan,
8. UK,
9. Philippines and
10. Turkey.

The top ten migration corridors worldwide are:

1. Mexico–United States;
2. Russia–Ukraine;
3. Ukraine–Russia;
4. Bangladesh–India;
5. Turkey–Germany;
6. Kazakhstan–Russia;
7. Russia–Kazakhstan;
8. China–Hong Kong;
9. China–United States;
10. 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):

1. India (55; 2.7% of GDP)
2. 2. China (51; 0.5% of GNP)
3. Mexico (22.6; 1.8% of GDP)
4. Philippines (21.3; 7.8% of GDP)
5. France (15.9; 0.5% of GDP)
6. Germany (11.6; 0.2% of GDP)
7. Bangladesh (11.1; 7.2% of GDP)
8. Belgium (10.4; 1.9% of GDP)
9. Spain (10.2; 0.7% of GDP)
10. Nigeria (10.0; 1.9% of GDP).^21-24

Illegal Migration Flow 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 Most of these are recruited by the private recruitment agencies. The Bureau of Manpower Employment and Training (BMET) is 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 trough 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 in persons 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’, 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.^21-24

Reason behind Illegal Migration²⁶:

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:

1. Not enough jobs
2. Few opportunities
3. Inadequate conditions
4. Desertification
5. Famine or drought
6. Political fear or persecution
7. Slavery or forced labour
8. Poor medical care
9. Loss of wealth
10. Natural disasters
11. Death threats
12. Desire for more political or religious freedom
13. Pollution
14. Poor housing
15. Landlord/tenant issues
16. Bullying
17. Discrimination
18. Poor chances of marrying
19. Condemned housing (radon gas, etc.)
20. War

Pull Factors:

1. Job opportunities
2. Better living conditions
3. The feeling of having more political and/or religious freedom
4. Enjoyment
5. Education
6. Better medical care
7. Attractive climates
8. Security
9. Family links
10. Industry
11. Better chances of marrying
    

Impact of Illegal Migration²⁷:

1. 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 and 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 a 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 3I 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 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.²⁸

Recommendations for Mitigating Illegal Migration Flow in Bangladesh:

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

1. 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 worker 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 labour 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 strengthening and be made effective to cater to the needs of the overseas market.

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