Call for an Urgent Justice Mechanism for Repatriated Migrant Workers

And around 65 per cent of the women paid between USD 60 and 1,785 to migrate, even though the women migrant workers are supposed to be recruited with ‘zero’ fees. According to the report, unfortunately, 58 per cent of the women migrant workers were forced to return home before completing their two-year contracts as a result of being victims of fraud in the recruitment process and survivors of horrific exploitation. Shockingly, the report also says that 60 per cent of the women, 156 out of 262, reported they often faced physical abuse and torture. No Arbitral Tribunal Meanwhile, talking to this reporter, Shakirul Islam, Chairman of OKUP, said lack of a dedicated ‘arbitral tribunal’ in Bangladesh, absence of standard arbitration procedure, and the centralised system of arbitration is posing challenges for access to justice for the exploited migrant workers. “Fair and ethical recruitment and safeguarding conditions that ensure decent work is Objective 6 of the Global Compact for Migration (GCM). However, lack of support and services, especially for migrant domestic workers who are often excluded from labour laws, mean few migrant workers can access justice following rights violations in both the destination and country of origin,” he said. He added that, in Bangladesh, the Overseas Employment and Migrants Act (OEMA) 2013 allows survivors to take legal action against recruitment agencies, and also permits legal aid in destination countries. “However, in reality, this is hardly ever provided. The Act allows the arbitrator to conduct investigations against fraud, extortion, or a breach of employment contract filed by migrant workers and dispose the complaints directly or through ‘arbitration’ (salish), where the arbitrator can directly investigate and declare ‘arbitral award’,” he added. The research report recommends that only by introducing a comprehensive arbitration rule, establishing a ‘Separate Arbitral Tribunal’, decentralising the arbitral tribunal, ensuring proportionate compensation, and improving the skills and capacity of arbitrators, access to justice can be ensured. (The writer is an independent migrant’s rights researcher and journalist who contributes to Migrant Forum in Asia.)