Assessment of Laws and Policies for the Prevention and Control of Trafficking in Bangladesh

SM Lutfur Rahman

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 person’s 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.

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