Formulating new rules a must

Formulating new rules to address alternative dispute resolution (ADR) in labour migration is a necessity to uphold migrant workers' rights and end fraudulence in the sector, said speakers at a workshop yesterday.

They said disputes can be resolved through arbitration or mediation mechanism keeping government bodies such as the Bureau of Manpower, Employment and Training (BMET) as the monitoring authority.

Refugee and Migratory Movements Research Unit (RMMRU) with support from British Council's project Promoting Knowledge for Accountable Systems (Prokas) organised the workshop on "Draft ADR Rules under Overseas Employment and Migrants Act, 2013 to Address Migration Related Disputes" at a city hotel.

At the workshop, RMMRU presented a draft copy of the proposed "overseas employment and migrant (resolving complaints through arbitration) rules" for stakeholders' opinions.

The draft set of rules has been prepared in line with the Overseas Employment and Migrant Act -2013 that cites "arbitration" as the alternative means to resolve disputes.

Addressing the workshop as chief guest, Anisul Islam Mahmud, chairman of the Parliamentary Committee on Ministry of Expatriates' Welfare and Overseas Employment, said it will not be appropriate if BMET or District Manpower and Employment Office (DEMO) is given the responsibility for resolving disputes since such authorities are involved in giving the final clearance for overseas jobs.

Either the upazila nirbahi officer (UNO) or an official selected by the UNO such as assistant commission (land) can play the role of arbitrator, he suggested.

BMET can play the monitoring role which will uphold its independent role in the process, he added.

In his remarks, BMET director general Shahidul Alam stressed for identifying offenses that can be resolved under alternative dispute resolution.

Advocate Salma Ali, president of Bangladesh National Woman Lawyers' Association, said mediation at the grassroots level was essential.

In many cases, trafficking victims seek compensation instead of filing case, she said.

Chairing the workshop, Barrister Shameem Haider Patwary, chairperson of Bangladesh Parliamentarians' Caucus on Migration and Development, said dispute resolution mechanism should uphold rights of migrant workers, adding if required the parent act can be amended for this.

RMMRU Executive Director Prof CR Abrar said they can march forward to finalise the draft set of rules with taking opinions from the stakeholders.

Senior District and Sessions Judge Saiful Islam and Joint Secretary Rafiqul Hasan of the Law and Parliamentary Affairs Ministry, among others, spoke at the workshop.