Bangladesh is grappling with questions over its legal responsibilities toward migrant workers facing criminal prosecution abroad following the October 14 execution of two individuals identified as Bangladeshi in Saudi Arabia. The incident has highlighted challenges in providing legal assistance to citizens who violate foreign laws and face severe penalties.
State Minister-2 for Foreign Affairs Shama Obaed Islam acknowledged the limitations of Bangladesh’s ability to intervene when its nationals are convicted under another country’s criminal justice system. Speaking on October 16, she noted that the government cannot overturn foreign court verdicts and urged Bangladeshis abroad to respect host countries’ laws. Nonetheless, Bangladesh’s domestic legislation does offer provisions for legal and welfare support to migrant workers encountering difficulties overseas.
Under the Overseas Employment and Migrants Act of 2013, migrant workers and victims of migration-related fraud are entitled to reasonable legal assistance. The law specifies that Bangladesh missions abroad should assist those detained, stranded, or distressed, primarily focusing on facilitating their return home. However, the Act does not grant the right for individuals facing criminal prosecution to leave the prosecuting country. Labour Welfare Wings embedded in missions are tasked with safeguarding workers’ rights and welfare.
The Wage Earners’ Welfare Board Act of 2018 further outlines responsibilities including rescuing, repatriating, and offering legal and medical support to workers encountering abuse, illness, or other hardships. Special provisions exist for female migrant workers in adverse situations. The Board’s chairperson can take urgent action when necessary, with later approval.
Legal aid obligations are reinforced under the Legal Aid Services Act, amended in 2026, which assigns the Bangladesh Legal Aid Directorate to provide legal assistance to expatriate citizens based on need, including emergency support and legal advice. The Directorate may recommend posting legal aid officers at missions abroad.
Applications for assistance can be initiated through district expatriate welfare offices, employment and manpower offices, or directly to the Welfare Board. Requests are channeled to consulates or local authorities, with an online service through the government’s myGov platform promising a 20-working-day processing time. However, detained individuals or their families might be unaware of their whereabouts or legal status, complicating efforts to secure help.
The division of responsibilities among the foreign ministry, expatriate welfare ministry, and law ministry creates ambiguity about who ultimately decides eligibility for legal support or covers related costs. There are no publicly clarified procedures for special circumstances, such as cases involving the death penalty.
Internationally, the Vienna Convention on Consular Relations mandates that detained foreign nationals be informed promptly of their right to consular notification, and upon request, authorities must notify the detainee’s consulate. Consulates have rights to communicate with and assist imprisoned citizens, including arranging legal representation, but the treaty does not require prior notification of every capital punishment case. Consequently, embassies may learn of imprisonment without being informed about an impending execution.
Historical precedents in the region reflect varied governmental responses to executions of migrant workers. Indonesia and Sri Lanka have both restricted migration to countries like Saudi Arabia following executions of their citizens. Sri Lanka, for example, raised the minimum age for female domestic workers going to Saudi Arabia and engaged in appeals, clemency requests, and ministerial delegations before the execution of Rizana Nafeek in 2013. In a more recent case, the Saudi Supreme Court overturned the death sentence of Sri Lankan migrant Anojan Sivarasa on October 13, after Sri Lankan officials provided legal assistance and committed to covering legal expenses.
Whether Bangladesh’s consulate in Jeddah had adequate information or opportunity to intervene in the recent executions remains unclear. The government’s response highlights a broader issue regarding its obligations under existing laws to provide legal assistance and protection to migrant workers abroad. The incident underscores the need for clear policies and coordinated action to safeguard the rights and welfare of Bangladeshis facing legal challenges overseas.