A/HRC/53/26/Add.3
not downplay the immense resources, effort and support required by the Government of
Bangladesh in hosting Rohingyas, he thus underscores that this is a multilateral effort that
continues to require the essential support of other Governments and development partners.
VI. Conclusions and recommendations
114. The Special Rapporteur welcomes the many efforts undertaken by the
Government of Bangladesh and its partners to better regulate and protect the rights of
migrant workers. Bangladesh is an impressive example of a country that has undergone
rapid growth and development, as evident in its forthcoming graduation from least
developed country status. Labour migration, with its high economic returns, has been
pivotal in this progress.
115. Labour migration, if governed effectively, with the appropriate mechanisms in
place to ensure safe and fair migration practices, can continue to positively affect the
lives of millions of Bangladeshis.
116. However, the protection gaps in unfair and unethical recruitment processes and
the lack of human rights guarantees, protection or recourse for violations, particularly
in countries of destination, continue to be significant hurdles for safe and fair migration
practices, which are key characteristics of the various global initiatives that Bangladesh
has championed. This has undermined many of the positive gains that have been made
by the authorities and their partners.
117. The high cost of migration continues to be problematic, and the vulnerability of
many migrants, including women, to exploitation, trafficking and other human rights
abuses need to be effectively addressed. There is thus a need for stronger cooperation
and coordination between Bangladesh and countries of destination to ensure strong
rights-based, enforceable agreements for migrant workers, including access to justice
and legal remedies where abuses have occurred.
118.
A.
The Special Rapporteur thus recommends that the Government:
Legal frameworks
(a)
Ratify ILO conventions, including the Domestic Workers Convention,
2011 (No. 189), the Violence and Harassment Convention, 2019 (No. 190), the Migration
for Employment Convention (Revised), 1949 (No. 97), the Migrant Workers
(Supplementary Provisions) Convention, 1975 (No. 143), the Occupational Safety and
Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational
Safety and Health Convention, 2006 (No. 187);
(b)
Engage with countries of destination in ratifying the above-mentioned
conventions to ensure protection for migrant workers, and to ensure the application of
ratified conventions, both in law and in practice, in particular the Discrimination
(Employment and Occupation) Convention, 1958 (No. 111), the Forced Labour
Convention, 1930 (No. 29) and the Protocol thereto;
B.
Recruitment
(c)
Enhance the regulation and monitoring of the recruitment sector by fully
and effectively implementing all safeguards provided in the Overseas Employment and
Migrants Act;
(d)
Ensure that private recruitment agencies are properly registered and that
the database on aspiring migrants is operational and used by recruitment agencies;
(e)
Strengthen oversight over its own recruitment agents, offering protections
for its workers in host countries and aiding workers in distress;
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