Assessment of Laws and Policies For The Prevention and Control of Human Trafficking in Bangladesh

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Assessment of Laws and Policies for the Prevention and Control of

Trafficking in Bangladesh

Writer: Md. Lutfur Rahman


The writer is final year student, Department of Law, Daffodil
International University, Dhaka.

Human trafficking is a global problem and one of the world's most shameful crimes, affecting
the lives of millions of people around the world and robbing them of their dignity. In 2013, the
United Nations General Assembly adopted and designated July 30 as the World Day against
Trafficking in Persons.
Trafficking is best understood as modern day slavery. According to section 3 of Human
Trafficking Deterrence and Suppression Act 2012, human trafficking means the selling,
buying, recruitment, receipt, transportation, transfer, or harbouring of any person by threats or
use of force or other forms of coercion; abduction, fraud or deception, or of the abuse of any
persons socio-economic, environmental or other types of vulnerability; or the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person (if the victim of the trafficking offence is a child, it is immaterial whether any
of these means were used) for the purpose of sexual exploitation, labour exploitation or any
other form of exploitation or oppression.
According to the US Human Trafficking Report 2017, Bangladesh is primarily a source and,
to a lesser extent, a transit and destination country for men, women, and children subjected to
forced labor and sex trafficking. Some Bangladeshi men and women who migrate willingly to
work in the Middle East, Southern and East Africa, South and Southeast Asia, Europe, and the
United States face conditions indicative of forced labor. The Government of Bangladesh does
not fully meet the minimum standards for the elimination of trafficking; however, it is making
significant efforts to do so.
Bangladesh has addressed issues of trafficking in specific terms in its Constitution,
Bangladesh's Women and Children Repression Prevention Act 2000, Human Trafficking
Deterrence and Suppression Act 2012 and drafting an implementation roadmap for the 2015-
2017 national action plan. In addition, there are other laws which have a close bearing on
addressing trafficking as viewed in the UNTOC read with the Trafficking Protocol.
The Constitution of Bangladesh deals specifically with two forms of trafficking - labor and
commercial sexual exploitation. In Article 34(1), all forms of forced labour are prohibited, and
Article 18(2) places a duty upon the State to prevent prostitution. Trafficking for purposes of
labor or sexual exploitation, thus, are dealt with in the Constitution. Article 31 of the
Constitution guarantees to enjoy the protection of the law, and to be treated in accordance with
law. Therefore, the obligation of Bangladesh state for repatriation of trafficked victims is very
much implied in this fundamental right provision of the Constitution of Bangladesh.
Bangladesh's Women and Children Repression Prevention Act, 2000, was enacted for the sole
purpose of dealing with violence against women and children, including for commercial sexual
exploitation. It criminalizes trafficking for prostitution or other unlawful or immoral purposes.
The punishment provided is severe - trafficking is punishable by death or by life imprisonment
between ten to twenty years (sec. 5). Child trafficking for similar purposes carries with it the
punishment of death or life imprisonment (sec. 6).
Human Trafficking Deterrence and Suppression Act 2012, was enacted for the protection and
implementation of the rights of the victims of human trafficking ensuring safe migration. The
Act categorically defined and criminalizes all forms of trafficking involving internal and
transnational. The Act provides maximum punishment is an imprisonment for life for the
trafficking offence committed individually and maximum punishment is the death penalty for
organised crime.
Bangladesh has also made provisions in other penal laws to deal with trafficking. Such as Penal
Code 1860, Children Act 1974, Extradition Act 1974, Bangladesh Labor Code 2006. The Penal
Code specifically defines offenses related to several forms of abuse. The Penal Code does not
directly recognize human trafficking as a punishable offense, but it includes related offenses
such as: Kidnapping and abduction, Procurement of female minors, Slavery, Sale or purchase
of minors for immoral purpose, Forced labor, Rape, Mock or invalid marriage, Wrongful
confinement and wrongful restraint.
The Children Act 1974, this Act pertains to the custody, protection and treatment of children,
and the trial and punishment of youthful offenders. A few sections are directed towards
punishment of those offenses which relate to sex and labor trafficking. Part VI of the Act
addresses special offences potentially related to human trafficking of children, including
provisions to prevent luring a child into a brothel, carrying out or encouraging seduction, or
exploiting a child.
Extradition Act 1974, This Act deals with some specific crimes not limited to the trafficking
of women and children for illegal purpose. It also addresses forced labor, slavery and other
offenses linked with human trafficking. The Bangladesh Labor Code 2006, which
comprehensively covers most aspects of labor law, prohibits employment of children and
young persons.
National Action Plan for Combating Human Trafficking 2015-17, The principal objectives of
the plan are to provide for certain implementable activities to prevent and suppress human
trafficking and protect the trafficking-victims, to allocate the responsibilities amongst various
government agencies and other implementing organizations for the implementation of these
activities and monitoring the application/enforcement of existing laws. The plan was aimed at
preventing human trafficking, making the government functional in taking stewardship of
trafficking combatant activities, prosecuting perpetrators, ensuring justice for the victims,
protecting the best interests of the child victims and other victims from re-victimisation and
harassment and ensuring community participation.
Currently, Government has undertaken an initiative to address the gaps of the existing legal
framework. But that is not enough to prevent human trafficking. The massive participation of
the local people and the honest effort of the government can end up this heinous crime from
the country. The concerted effort of the government with international agencies and NGOs is
also necessary in this respect to combating the problems.

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