A/HRC/53/26/Add.3
79.
Women are often more disadvantaged economically and socially. Women in
situations of poverty often face discrimination and violence at home or have been victims of
forced marriages, dowry demands, divorce and abandonment, thus creating the urge to travel
abroad to work and be financially independent.
80.
The Special Rapporteur notes with concern that women are more likely than men to
be exploited at every stage of the migration process. In their countries of origin, they suffer
violence and abuse that trigger them to migrate. They often make the decision to migrate
without access to the proper information that could inform their decisions. They are also
exposed to harassment and abuses at the pre-departure orientation stage.
81.
In transit, women are vulnerable to gender-based violence from recruiters and other
actors. They often rely on irregular channels of migration, through dalals, and are thus
vulnerable to trafficking and fraudulent practices. In the countries of destination, the
migration law predominantly covers migrant workers, but does not have the strength of
proper labour laws and protections, creating gaps for women workers who are not covered
by the legislation and therefore may be considered invisible. Owing to their low status in
society, women have less bargaining power and are more vulnerable to exploitation.
82.
The Special Rapporteur met with women returnees who reported the abuses that they
experienced abroad and the disproportionate level of stigma and discrimination that they
faced upon their return home. In many cases, they were rejected by their own families, owing
to the belief that they had been promiscuous or had been victims of sexual abuse and
trafficking abroad, which led to many women keeping their departure abroad a secret.
83.
Despite the vulnerabilities that migrant women face at every stage of migration, they
continue to go abroad to work. Some women expressed to the Special Rapporteur their desire
to see a change in the age limit for migrant women, which was said to be between 25 and 45
years of age as the maximum for certain countries, including Saudi Arabia, in order to permit
women who were older than 45 years of age to continue to migrate for work. The Special
Rapporteur notes that, while the minimum age for women migrant workers was established
to reportedly protect them against violations, such as sexual abuse, the same did not seem to
be imposed on men. Furthermore, the prohibition of migration for adults is a paternalistic
measure, contrary to international human rights standards. The dependence on dalals for job
opportunities abroad is estimated at 90 per cent for women migrant workers, highlighting the
need to address the gender dimensions of migration.
M.
Role of civil society organizations
84.
The Special Rapporteur met with a number of civil society organizations and was
pleased to note the establishment of the Bangladesh Civil Society Coordination Committee
for Migration in 2016, which has played a key role in advocacy and raising awareness of
concerns related to migration, including within the task forces of the United Nations Network
on Migration.
85.
Civil society and non-governmental organizations have played a crucial role in
advocating for the rights of Bangladeshi migrants in the past two decades. Fundamental
services, including awareness-raising, providing information to help with pre-decision
orientation, pre-departure training, complaints and redress procedures, including filing cases
in court against fraudulent recruitment agencies, and support for returnees to return home
were undertaken by civil society organizations and non-governmental organizations.
86.
The Special Rapporteur was informed that civil society organizations are usually
invited to engage with the Government on migration issues, but that, according to some, there
is still an imbalance of power, thereby weakening the ability of civil society organizations to
have an impact on decisions. Reference was made to the Foreign Donations Act and other
laws which give the Government the power to issue registrations and renew registrations of
civil society organizations, thereby putting them in a vulnerable situation should their work
or views appear to be critical of government action or policies.
87.
Civil society organizations have been vocal on various issues, including during the
COVID-19 pandemic, when over 200 migrants returned home and were imprisoned upon the
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