A/HRC/53/26/Add.3
III. Normative and institutional framework relating to the
protection of the human rights of migrants
15.
Due to the pivotal impact that migration has on Bangladesh, the Government has
prioritized the establishment of normative and institutional frameworks to govern this area.
A.
International legal framework
16.
Bangladesh is a signatory to a number of international instruments that have an impact
on the human rights of migrants. It has signed the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, the Convention on the
Elimination of All Forms of Discrimination against Women, the International Convention on
the Elimination of All Forms of Racial Discrimination and the Convention on the Rights of
Persons with Disabilities. It has also signed a series of fundamental conventions of the
International Labour Organization (ILO), including the Freedom of Association and
Protection of the Right to Organise Convention, 1948 (No. 87), the Right to Organise and
Collective Bargaining Convention, 1949 (No. 98), the Abolition of Forced Labour
Convention, 1957 (No. 105), the Equal Remuneration Convention, 1951 (No. 100), and the
Discrimination (Employment and Occupation) Convention, 1958 (No. 111).
17.
The ILO general principles and operational guidelines for fair recruitment and its
definition of recruitment fees and related costs also provide much-needed guidance to
governments and other stakeholders. Bangladesh, however, has yet to ratify a number of
relevant ILO conventions, including the Private Employment Agencies Convention, 1997
(No. 181), the Domestic Workers Convention, 2011 (No. 189), and the Violence and
Harassment Convention, 2019 (No. 190).
18.
Bangladesh has also played a key role in many regional and global initiatives on
migration, including the Budapest Process, in 1991, the Colombo Process, in 2003, the Abu
Dhabi Dialogue, in 2008, and the Global Forum on Migration and Development, in 2017.
19.
In the 2030 Agenda for Sustainable Development, States recognized the contribution
of migration to sustainable development, and, in 2018, the Global Compact for Safe, Orderly
and Regular Migration was adopted and covered all dimensions of international migration in
a holistic manner. The Global Compact is consistent with target 10.7 of the Sustainable
Development Goals, to facilitate orderly, safe, regular and responsible migration and
mobility of people, including through the implementation of planned and well-managed
migration policies.
20.
Both Sustainable Development Goals 8 and 10 include targets on the protection of
labour rights and the promotion of safe and secure working environments for all workers,
including migrant workers, in particular women and those in precarious employment.
Bangladesh was prominent in advocating for the formulation of the Global Compact for Safe,
Orderly and Regular Migration and also chaired the Global Forum on Migration and
Development in 2016.
B.
National regulatory framework
21.
In addition to the international commitments that Bangladesh has made on migration,
it has adopted various legislation and policies to protect migrants. The Overseas Employment
and Migrants Act, 2013, is the principal legislation covering all aspects of labour migration,
and it is aimed at promoting a safe and fair system of migration and ensuring protection for
the rights and welfare of migrant workers and members of their families.
22.
The Overseas Employment and Migrants Act was adopted in line with the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, ILO conventions and human rights treaties. A revised version of
the Act was adopted in 2022 to align with the objectives of the Global Compact for Safe,
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