Published on 12:00 AM, March 24, 2024

Exploring actionable options for institutionalisation of grievance management committees/systems

Professor Dr. Md. Rizwanul Islam and Lecturer Mr. Nafiz Ahmed of the Department of Law, North South University, have conducted a Scoping Study to Explore Actionable Options for Institutionalisation of Grievance Management Committees/Systems. On 23 March, 2024, they welcomed academics, lawyers, journalists, NGO representatives, and students to share the findings of their Scoping Study at the North South University.

The GMC is a model of resolving disputes related to migrant workers through mediation, implemented by Helvetas Bangladesh's Strengthened and Informative Migration System (SIMS) project. It works with a combination of the elected representatives at the Union level and the representatives of NGOs. It is designed to offer an expeditious voluntary solution to workers' migration-related grievances without resorting to the formal court mechanism. Such grievances are related to any deception by sub-agents of the recruiting agencies, taking of money or other valuable things with a false promise of sending people abroad, seizing their passports, visas, or other related papers, or inducing someone to sign a contract to send her/him abroad with a deceptive promise of high salary or some other related false promise, or any dealings regarding the migration-related contract between relatives. This often helps them in cases where there may not have been adequate formal documentary evidence to pursue a formal claim in a court of law. The study notes that the GMC mechanism may also make a contribution in reducing the backlog of cases in the court system and ensuring greater access to justice.

The study is based on a review of the relevant laws and policy instruments of the government. It also reviews relevant judicial precedents and international legal provisions. The study observes that the GMC model may be integrated into the existing legal aid and/or village court frameworks. The study also notes that a model like GMC may also contribute to the ethos of decentralisation as enshrined in the Constitution of Bangladesh and also mentioned in various government policy instruments starting from the First Five Year Plan (1973-1978) of the Government.

While attending the findings-sharing event, Barrister Shameem Haider Patwary, Co-Chairperson of Bangladesh Parliamentarians' Caucus on Migration and Development, in his speech, expressed his regret that Bangladesh has not yet been able to ensure proper access to justice for the migrant workers despite their huge contribution to the economy. He opined that the GMC model may act as a pathway to resolve disputes in which migrant justice seekers do not have inadequate documentation in support. Mr. Md. Abul Basar, Project Director, SIMS, also emphasised the importance of developing a self-sustainable way of resolving migrant justice seekers' grievances. He thanked the researchers and the Department of Law, North South University, for undertaking this important research study.

The event was covered by Ragib Shahriar, an LL.B. (Honours) student at North South University.