A/HRC/53/26/Add.3
reliance on such intermediaries. He encourages the extensive use of the database and stronger
efforts to raise awareness of it.
C.
Employment in countries of destination and the kafalah system
48.
The Special Rapporteur received reports that many Bangladeshi migrants have
suffered widespread abuses in countries of destination. He was informed that more than 54
per cent of workers leave for Saudi Arabia, 16 per cent for Oman and 9 per cent for the United
Arab Emirates. As many of the common countries of destination include countries of the Gulf
Cooperation Council, the Special Rapporteur was informed of human rights abuses instigated
within the kafalah system that is often practised in these countries and against domestic
workers, reportedly mainly women.
49.
Under the kafalah system, migrant workers’ immigration status is often legally bound
to an individual employer or sponsor for the term of their contracts. The migrant worker thus
cannot enter the country, transfer employment or leave without obtaining permission from
the sponsor, effectively reducing the ability of the worker to negotiate and bargain the terms
of employment. The Special Rapporteur received information on cases where the passports
and travel documents of migrant workers were confiscated by employers or sponsors, thus
leaving them in a state of captivity. The lack of access to assistance and justice often leave a
migrant worker in a continuous situation of despair, which is especially acute among migrant
domestic workers.
50.
Beyond the kafalah system, it is widely reported that migrant workers in general who
are victims of fraudulent visa trading often find themselves in a completely different form of
employment than what they were promised, often with very little or no pay. Their dependence
on their employers is a serious obstacle for migrants in seeking justice, which leads to
employers acting with impunity. Such migrant workers are often in vulnerable situations and
are often subjected to intersecting forms of discrimination and abuse, such as sexual and
gender-based violence, forced labour and trafficking, including for the purpose of
exploitation. Migrant workers have reportedly been victims of ill-treatment, torture,
excessive labour for long hours and inhumane living conditions, with little or no recourse to
assistance or justice mechanisms.
D.
Return and reintegration
51.
Returning migrant workers face significant challenges in Bangladesh, including
stigma and discrimination, disorientation that prevents proper reintegration and a lack of
employment opportunities.
52.
Women returnees are mostly stigmatized, shunned and discriminated against, due to
the belief that they have been victims of physical or sexual abuse or trafficking. Other
returnees face discrimination, as families often expect them to return with large amounts of
money, which in many cases does not happen, due to exploitation by dalals and agents or
employers overseas. Reintegration for returnees can therefore be extremely difficult. Many
returnees are not able to find a job at which they can use the skills that they have gained
abroad.
53.
Migrants return home owing to the end of the contract, visa and passport related
factors, disputes with employers or being forced to return from countries of destination, and
some return voluntarily. Many who have had disappointing or abusive experiences opt to
return home. Around 400,000 Bangladeshis returned home between April and December
2020, mainly due to the COVID-19 pandemic, and majority of them were women.
54.
However, in spite of many difficult experiences abroad, many Bangladeshis continue
to pursue opportunities to migrate and work overseas, given that the economic situation for
them at home, including low minimum wage rates and the lack of secured employment,
continue to be push factors for migration.
55.
The Special Rapporteur notes the existence of the draft national reintegration policy
for migrants and other important and relevant initiatives, which assist in providing loans,
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