Legal Framework on Trafficking in Bangladesh

Introduction

Bangladesh is a country that has been plagued by human trafficking for many years. The lack of a strong legal framework to combat this issue has allowed traffickers to exploit vulnerable individuals, particularly women and children, for their own benefit. In recent years, however, the Bangladesh government has taken steps to strengthen its legal framework on trafficking in order to protect its citizens and prosecute those responsible for these heinous crimes.

Definition of Trafficking

Trafficking in persons has different connotations to different people. There is no denying the fact that theoretical clarity with regard to trafficking is essential to targeted response to the problem as well as to prevent the enactment of trafficking laws and programs that violate other human rights of women and children.

The UN Protocol defines trafficking in the following way- “Trafficking in persons shall mean the recruitment, transportation, transfer, harboring or receipt of persons, either by the threat or use of abduction, force, fraud, deception or coercion, or by giving or receiving of unlawful payments or benefits to achieve the consent of a person having control over another person with the aim of submitting them to any form of exploitation. Exploitation shall include, at the minimum, the exploitation of the prostitution of others or others forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.”

The Legal Framework on Trafficking in Bangladesh

The legal framework on trafficking in Bangladesh is primarily governed by a few key laws and policies, including the Prevention and Suppression of Human Trafficking Act 2012, the Prevention and Protection of Women and Children Repression Act 2000, and the Anti-Trafficking in Persons Rules 2018. These laws aim to provide a comprehensive legal framework for combating trafficking in persons, particularly women and children, in Bangladesh.

The Prevention and Suppression of Human Trafficking Act 2012 is the main piece of legislation that deals with trafficking in Bangladesh. This law defines trafficking in persons as the recruitment, transportation, transfer, harboring or receipt of persons, by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power, or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The Act also establishes a National Task Force to oversee the implementation of the law and coordinate efforts to combat trafficking in persons. It also mandates the establishment of shelters and rehabilitation services for survivors of trafficking, as well as the protection of their rights and dignity.

The Prevention and Protection of Women and Children Repression Act 2000 is another important piece of legislation that addresses trafficking in Bangladesh. This law specifically focuses on the protection and welfare of women and children, including victims of trafficking. It criminalizes the trafficking of women and children for the purpose of sexual exploitation, forced labour, or other forms of exploitation. It also provides for the establishment of special courts to handle cases related to trafficking, and mandates the appointment of special prosecutors to handle such cases. Sections 5 and 6 of this Act deal with trafficking of women and children for prostitution and other immoral purposes. According to section 5 of the Act, whoever imports or traffic or send any woman in abroad with the intention of using that woman in prostitution or for unlawful or immoral purposes or buys or sells or lets to hire or hands over for any kinds of torture or for similar purpose keeps a woman in his possession, care or custody, shall be punished with death sentence or life imprisonment or imprisonment for not more than 20 years and not less than 10 years and with fine. According to section 6 of the Act, whoever imports or send any child in abroad or traffic or buys or sells that child for unlawful or immoral purpose or for similar purpose keeps a woman in his possession, care or custody, shall be punished with death sentence or life imprisonment or imprisonment for not more than 20 years and not less than 10 years and with fine. The Act also prescribes punishment for rape and rape related death. Section 9 of the Act provides that if a man commits rape upon a woman or a child shall be punishable with death sentence and shall also, in addition to that, be liable to monetary fine.

The Act 2000 has undergone some important changes through amendments made to it in 2003. One of the important changes has been brought to ensure accountability of investigating officer regarding failure to complete investigation in stipulated time period.

The newly inserted provision provides that if it is proved that investigation offer is responsible for failure to investigate within prescribed time, he will be held liable for inefficiency and misconduct and legal action can be brought against him according to the service rules. The amended section 20 provides for trial in camera for offences prescribed under the Act. One of the most striking features of the amendment is concerned with the provision on safe custody. According to this newly inserted provision, in granting order relating to safe custody, the tribunal will accept and consider the opinion of women and children to protect their welfare and interest.

Moreover, the amended provision also prescribes accountability for tribunal in case of failure to resolve the dispute within stipulated time period under the Act. According to newly inserted section 31A, if the case is not resolved within the time period, concerned tribunal will prepare a report stating the reasons for such failure and will submit the report within thirty days to the Supreme Court. Similarly, concerned public prosecutor and police officer will also prepare such report and submit to the government within thirty days from such failure to resolve case. The relevant authorities will take necessary action against the person/s for failure to resolve case within stipulated time period.

The Anti-Trafficking in Persons Rules 2018 are a set of guidelines that support the implementation of the Prevention and Suppression of Human Trafficking Act 2012. These rules

provide detailed procedures for the identification, rescue, and rehabilitation of victims of trafficking, as well as the prosecution of traffickers. They also outline the role of various stakeholders, including law enforcement agencies, non-governmental organizations, and international partners, in addressing the issue of trafficking in Bangladesh.

Constitutional Provisions

Although none of the Constitutional provisions has defined the term trafficking, the following provisions have direct and indirect bearing on trafficking:

Constitution of the People’s Republic of Bangladesh provides that state shall approve effective measures to prevent prostitution and gambling. By undertaking the responsibility to prevent prostitution, Bangladesh Constitution has identified prostitution as an anti-social act.

Article 19 states that state shall make effort to ensure equality of opportunity to all citizens. This article further declares that “state shall adopt effective measures to remove social and economic inequality between man and woman........” The statement about removal of social inequality between man and woman is crucially important in the context of seriously gender-biased Bangladesh society. Gendered cultural practices, gender discrimination and violence against women in families and communities lay the ground for trafficking. By undertaking the responsibility to secure the provision of basic requirements of life and to guarantee employment, the Constitution has addressed poverty issue which is considered one of the root causes of trafficking.

By incorporating the provision on safety of life and liberty of every person, the constitution has provided a basis for legal framework to combat trafficking. ‘Life’ within the meaning of Article 32 of the Constitution means something more than mere animal existence. Right to life includes the right to live consistently with human dignity and decency. The meaning of ‘Life’ also includes the right to freely moving about and mixing and commingling with fellow human beings. Liberty, on the other hand, encompasses a broad range of things. It means the right of an individual to be free in the enjoyment of all his/her faculties to live and work where s/he will. The term “Liberty” under law extends to all those conducts which an individual is free to pursue and which cannot be restricted excluding proper Governmental purpose. The act of trafficking of persons for any purpose deprives the victim of personal liberty to make decisions about his/her life establishing a condition of slavery and servitude. Trafficking in persons is one of the most despicable forms of violation of human dignity and decency.

Article 34 (1) of the Constitution has guaranteed the right to be free from exploitation by explicitly prohibiting forced labour of any form. Any act contravening to this provision is punishable as a criminal offence. This provision has also laid a constitutional basis of counter trafficking legal framework as it declares forced labour as a criminal offence against state. The Constitution of Bangladesh has inserted a unique provision on making special laws in favor of women or children or for the advancement of any backward section of citizens. This provision recognized the fact that an equality clause without any qualification would promote status quo

even though there is necessity to improve the position of women, children and backward section of the people by applying the principle of equity rather than equality. There is no denying the fact that existing socio-economic and cultural practices in Bangladesh that marginalizes women and children is responsible for making them more vulnerable to trafficking. Thus in view of the said provision of the Constitution Bangladesh Government may make laws providing to women, children and backward sections of the people such privileges as are not accorded to others.

Article 31 of the Constitution guarantees the right to protection of law to every citizen wherever s/he may be. The same article also guarantees the protection of law to non-citizens who are for the time being within Bangladesh.

The constitutional framework thus provides a partial basis for right based approach to combat trafficking. The Constitution of the People’s Republic of Bangladesh has addressed the issue of trafficking in the following ways:

The Bangladesh Constitution did not provide for any definition of trafficking in persons. Even nowhere in the Constitution the term trafficking in persons has been mentioned. Some exploitative conditions of trafficking such as prostitution, forced labour of any form have been mentioned in the Constitution primarily from a law and order perspective by declaring them a criminal law discourse.

Bangladesh Constitution has some provisions that can be used to combat trafficking effectively. For example, Article 28(4) creates the space for state to make special laws for women, children and backward section of people. Women and children friendly special laws can help reduce human trafficking in Bangladesh.

Challenges and Gaps in the Legal Framework

While the legal framework on trafficking in Bangladesh has improved in recent years, there are still several challenges and gaps that need to be addressed in order to effectively combat this issue. One of the main challenges is the lack of awareness and understanding of trafficking among the general population, as well as among law enforcement agencies and other stakeholders. This often leads to underreporting of trafficking cases and a lack of support for victims. Another challenge is the lack of coordination and cooperation among different government agencies and non-governmental organizations involved in combating trafficking. This often results in a fragmented approach to addressing the issue, with poor communication and information sharing among different stakeholders. Furthermore, the implementation of the existing laws and policies on trafficking in Bangladesh is often weak, with a lack of resources, capacity, and expertise among law enforcement agencies and other stakeholders. This hinders the effective enforcement of the laws and the prosecution of traffickers, leading to impunity for those responsible for these crimes. In addition, there is a lack of comprehensive data and research on trafficking in Bangladesh, which makes it difficult to assess the scale and scope of the problem and develop evidence-based strategies to address it. This lack of data also hinders

the monitoring and evaluation of the effectiveness of existing interventions and the identification of gaps in the legal framework.

Recommendations for Strengthening the Legal Framework

In order to strengthen the legal framework on trafficking in Bangladesh and effectively combat this issue, several recommendations can be made-

1. Increase awareness and understanding of trafficking among the general population, as well as among law enforcement agencies and other stakeholders. This can be done through public awareness campaigns, training programs, and capacity-building initiatives.

2. Improve coordination and cooperation among different government agencies and non-governmental organizations involved in combating trafficking. This can be achieved through the establishment of a national coordinating body or task force, as well as the development of mechanisms for information sharing and collaboration

3. Enhance the capacity and expertise of law enforcement agencies and other stakeholders involved in combating trafficking. This can be done through training programs, technical assistance, and the provision of resources and support.

4. Strengthen the implementation of existing laws and policies on trafficking in Bangladesh. This can be achieved through the allocation of sufficient resources, the establishment of specialized units within law enforcement agencies, and the appointment of dedicated prosecutors and judges to handle trafficking cases.

5. Improve data collection and research on trafficking in Bangladesh. This can be done through the establishment of a national database on trafficking, the conduct of research studies, and the dissemination of information on trafficking trends and patterns.

6. Enhance victim support and rehabilitation services for survivors of trafficking. This can be achieved through the establishment of shelters, counseling services, and vocational training programs for victims, as well as the provision of legal assistance and other forms of support.

7. Strengthen cross-border cooperation and collaboration with other countries in the region to address trafficking in persons. This can be done through the signing of bilateral and multilateral agreements, the establishment of joint task forces, and the exchange of information and best practices.

Conclusion

Trafficking in persons is a serious and complex issue that requires a comprehensive and coordinated response from all stakeholders, including government agencies, non-governmental organizations, and the general public. The legal framework on trafficking in Bangladesh has improved in recent years, but there are still several challenges and gaps that need to be addressed

in order to effectively combat this issue. By increasing awareness and understanding of trafficking, improving coordination and cooperation among different stakeholders, enhancing the capacity and expertise of law enforcement agencies, strengthening the implementation of existing laws and policies, improving data collection and research, enhancing victim support and rehabilitation services, and strengthening cross-border cooperation, Bangladesh can strengthen its legal framework on trafficking and protect its citizens from exploitation and abuse. With sustained effort and commitment, Bangladesh can make significant progress in combating trafficking in persons and promoting the rights and dignity of all individuals.