Post Graduate Diploma in Disaster Management - 7th Batch

Institute of Disaster Management & Vulnerability Studies

Faculty of Social Science
University of Dhaka

Assignment

Title: Overview of Human Trafficking: Challenges and

recommendation

Date of Submission: 19 June 2015

Course Title: Gender and Disaster Risk Reduction
Course Number: PGDDM 104

Student Name: Mohammad Ali

Student ID: PGDDM14732
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Table of content
Page
Chapter 0ne

3-4

1.1 Introduction
Human Trafficking
What is Human Trafficking?
Elements of Human Trafficking
The Act (What is done)
The Means (How it is done)
The Purpose (Why it is done)
Criminalization of Human Trafficking
UNODC's Response to Human Trafficking

1.2 Challenges Investigating and Prosecuting New Crimes

1.3 Institutional Explanations

1.4 Individual Explanations

Chapter Two
1.5 Bangladesh Case

8 - 11

Prosecution
Protection
Prevention

Chapter Three
Recommendations

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Chapter 0ne
Introduction
Human Trafficking
Trafficking in persons is a serious crime and a grave violation of human rights. Every year, thousands of men,
women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in
the world is affected by trafficking, whether as a country of origin, transit or destination for victims. UNODC, as
guardian of the United Nations Convention against Transnational Organized Crime (UNTOC) and the Protocols
thereto, assists States in their efforts to implement the Protocol to Prevent, Suppress and Punish Trafficking in
Persons (Trafficking in Persons Protocol).
What is Human Trafficking?
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines
Trafficking in Persons as the recruitment, transportation, transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the 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. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude or the removal of organs
Elements of Human Trafficking
Act Means Purpose On the basis of the definition given in the Trafficking in Persons Protocol, it is evident that
trafficking in persons has three constituent elements;
The Act (What is done)
Recruitment, transportation, transfer, harbouring or receipt of persons
The Means (How it is done)
Threat or use of force, coercion, abduction, fraud, deception, abuse of power or vulnerability, or giving payments
or benefits to a person in control of the victim
The Purpose (Why it is done)
For the purpose of exploitation, which includes exploiting the prostitution of others, sexual exploitation, forced
labour, slavery or similar practices and the removal of organs.
To ascertain whether a particular circumstance constitutes trafficking in persons, consider the definition of
trafficking in the Trafficking in Persons Protocol and the constituent elements of the offense, as defined by
relevant domestic legislation.
Criminalization of Human Trafficking
The definition contained in article 3 of the Trafficking in Persons Protocol is meant to provide consistency and
consensus around the world on the phenomenon of trafficking in persons. Article 5 therefore requires that the
conduct set out in article 3 be criminalized in domestic legislation. Domestic legislation does not need to follow
the language of the Trafficking in Persons Protocol precisely, but should be adapted in accordance with domestic
legal systems to give effect to the concepts contained in the Protocol.
In addition to the criminalization of trafficking, the Trafficking in Persons Protocol requires criminalization also of:
Attempts to commit a trafficking offence
Participation as an accomplice in such an offence
Organizing or directing others to commit trafficking.
National legislation should adopt the broad definition of trafficking prescribed in the Protocol. The legislative
definition should be dynamic and flexible so as to empower the legislative framework to respond effectively to
trafficking which:
Occurs both across borders and within a country (not just cross-border)
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 Is for a range of exploitative purposes (not just sexual exploitation)

Victimizes children, women and men (Not just women, or adults, but also men and children)
Takes place with or without the involvement of organized crime groups.
For a checklist of Criminalization under the Protocol.
UNODC's Response to Human Trafficking
UNODC offers practical help to States, not only helping to draft laws and create comprehensive national antitrafficking strategies but also assisting with resources to implement them. States receive specialized assistance
including the development of local capacity and expertise, as well as practical tools to encourage cross-border
cooperation in investigations and prosecutions.
The adoption in 2000 by the United Nations General Assembly of the Protocol to Prevent, Suppress and Punish
Trafficking In Persons, Especially Women and Children marked a significant milestone in international efforts to
stop the trade in people. As the guardian of the Protocol, UNODC addresses human trafficking issues through its
Global Programme against Trafficking in Persons. A vast majority of States have now signed and ratified the
Protocol. But translating it into reality remains problematic. Very few criminals are convicted and most victims are
probably never identified or assisted.
For an overview of UNODC's work in the human trafficking field and the real-life complexities faced by people
globally every day, please click on the following links:
Prevention of trafficking in persons
Protection of victims of human trafficking
Prosecution of trafficking offenders
Having worked on these issues since the late 1990s, UNODC has issued a comprehensive strategy setting out
the complementary nature of UNODC's work in preventing and combating both human trafficking and migrant
smuggling, and defining the immediate priorities for UNODC's future action and engagement on these crimes.
The new strategy complements UNODC's Thematic Programme Against Transnational Organized Crime And
Illicit Trafficking (2011-2013).
As the guardian of the Organized Crime Convention and its Protocols on Trafficking in Persons and Smuggling of
Migrants, UNODC plays a leading role in strengthening and coordinating the criminal justice response to both
human trafficking and smuggling of migrants.
UNODC's strategic approach to combating trafficking in persons and the smuggling of migrants is founded in the
full and effective implementation of the Protocols, and can be best understood as having three interdependent
and complementary components:
(1) research and awareness raising;
(2) promotion of the Protocols and capacity-building; and,
(3) the strengthening of partnerships and coordination.
Blue Heart banner Blue Heart
With regards to research and awareness-raising, UNODC will publish the next Global Report on Trafficking in
Persons in December 2012, and biennially thereafter. UNODC also produces research and issue papers on
trafficking in persons and migrant smuggling and engages in both broad and targeted awareness-raising on
these issues, notably through the Blue Heart Campaign against Human Trafficking. UNODC's normative work on
promoting the Protocols and capacity-building engages with Member States and working-level practitioners in
providing legislative assistance, strategic planning and policy development, technical assistance for strengthened
criminal justice responses, and protection and support to victims of trafficking in persons and smuggled migrants.
Finally, UNODC initiatives on strengthening partnerships and coordination occur through its participation in interagency groups such as ICAT, UN.GIFT and GMG and its management of the UN Voluntary Trust Fund for
Victims of Human Trafficking.
Bangladesh is source and transit country for men, women, and children subjected to trafficking in persons,
specifically forced labor and forced prostitution. A significant share of Bangladeshs trafficking victims are men
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recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions
of forced labor or debt bondage. Children both boys and girls are trafficked within Bangladesh for commercial
sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while
others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and
children from Bangladesh are also trafficked to India for commercial sexual exploitation.
Bangladeshi men and women migrate willingly to Saudi Arabia, Bahrain, Kuwait, the United Arab Emirates
(UAE), Qatar, Iraq, Lebanon, Malaysia, Liberia, and other countries for work, often under legal and contractual
terms. Most Bangladeshis who seek overseas employment through legal channels rely on the 724 recruiting
agencies belonging to the Bangladesh Association of International Recruiting Agencies (BAIRA). These agencies
are legally permitted to charge workers up to $1,235 and place workers in low-skilled jobs typically paying
between $100 and $150 per month. According to NGOs, however, many workers are charged upwards of $6,000
for these services. A recent Amnesty International report on Malaysia indicated Bangladeshis spend more than
three times the amount of recruitment fees paid by other migrant workers recruited for work in Malaysia. NGOs
report many Bangladeshi migrant laborers are victims of recruitment fraud, including exorbitant recruitment fees
often accompanied by fraudulent representation of terms of employment. The ILO has concluded high
recruitment fees increase vulnerability to forced labor among transnational migrant workers. Women typically
work as domestic servants; some find themselves in situations of forced labor or debt bondage where they face
restrictions on their movements, non-payment of wages, threats, and physical or sexual abuse. Some
Bangladeshi women working abroad are subsequently trafficked into commercial sexual exploitation.
Bangladeshi children and adults are also trafficked internally for commercial sexual exploitation, domestic
servitude, and bonded labor. Recent reports indicate many brothel owners and pimps addict Bangladeshi girls to
steroids, with devastating side effects, to make them more attractive to clients; the drug is reported to be used by
90 percent of females between 15 and 35 in Bangladeshi brothels.
Bangladesh does not fully comply with the minimum standards for the elimination of trafficking; however, it is
making significant efforts to do so. The government has continued to address the sex trafficking of women and
children. Despite these significant efforts, the government did not demonstrate evidence of increased efforts to
prosecute and convict labor trafficking offenders, particularly those responsible for the fraudulent recruitment of
Bangladeshi workers for the purpose of forced labor overseas. Similarly it did not demonstrate increased efforts
to prevent the forced labor of Bangladeshi workers overseas through effective controls on high recruitment fees
and other forms of fraudulent recruitment; therefore, Bangladesh is placed on Tier 2 Watch List for the second
consecutive year. Some government officials and members of civil society continue to believe the forced labor
and debt bondage of Bangladeshi workers abroad was not considered labor trafficking, but rather employment
fraud perpetrated on irregular migrants.
1.2 Challenges Investigating and Prosecuting New Crimes
Local police and prosecutors are the gatekeepers to the criminal justice system. While legislators pass laws
creating new criminal offenses, the police decide which offenses to investigate, offenders to arrest and cases to
forward to the prosecutor. Based on the information provided by the police, prosecutors determine what cases
will be prosecuted, the types of criminal charges that suspects will face and whether or not suspects will be
offered a plea bargain. Police and prosecutors have a wide range of discretion in making these decisions. For
example, prosecutors may decide not to charge an individual when they believe the suspect is innocent or
undeserving of punishment. They may also decide against filing criminal charges in cases where they believe the
suspect is guilty and deserving of punishment, but there is insufficient evidence to proceed with prosecution.
Researchers have identified three main explanations to help us understand police and prosecutor decisions
about criminal charging - legal environment explanations, institutional structure explanations and individual
explanations.
We briefly review the literature in each of these areas relative to other new or newly prioritized crimes and
discuss specific challenges that may emerge in human trafficking cases. Legal Environment Legislation enabling
and supporting the prosecution of specific offenses is a necessary first step to criminal justice system response.
Forty-nine states now have laws criminalizing human trafficking offenses, following the passage of the TVPA, but
state legislatures were relatively slow in passing anti-trafficking statutes. Washington was the first state to pass a
law criminalizing human trafficking in 2003 and prior to 2006 only twelve states passed laws criminalizing human
trafficking offenses. As a result, an overwhelming majority of state human trafficking laws are less than five years
old. New laws are challenging for prosecutors because the specific elements of the crime necessary to establish
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a prima facie case are often ambiguous until tested in court. In response to an uncertain legal environment,
prosecutors may charge individuals engaged in human trafficking crimes with offenses under other state statutes
(e.g., promoting prostitution, fraud, rape, kidnapping) where the legal elements of the crime are more established
and prosecutors believe there is a greater chance of a conviction (Newton et al., 2008). Additionally, local
prosecutors report turning human trafficking cases over to federal authorities rather than proceed with state
prosecution because they perceive human trafficking cases to be complex and demanding resources that are
burdensome to state agencies (Clawson et al., 2008). As a result of state prosecutors choosing alternative
methods to dispose of human trafficking cases, in most states human trafficking laws remain underutilized and
untested.
Similar patterns have occurred with the criminalization of other types of new offenses. For example, in years
immediately following passage of anti-stalking laws, law enforcement and prosecutors lacked training on what
constituted a stalking offense and often referred stalking incidents to specialists in other units (Miller, 2001).
Similarly, in their work on hate crime, Grattet and Jenness (2001) found that following the passage of state hate
crime legislation prosecutors struggled with the perceived ambiguity of these new laws, often overlooking bias
motivation in crimes based on their inexperience with new hate crime laws. Once prosecutors established the
legal elements necessary to charge bias-motivated crimes, they achieved conviction rates within the normal
range of other crimes. New crimes, like human trafficking, often begin as imprecise multivalent concepts whose
definition and attendant policy implications become more refined and settled over time (Grattet and Jenness,
2001, 39).
Prosecutors must become aware of new laws and translate the language of those laws into operational
definitions that guide arrests and prosecutions.
1.3 Institutional Explanations
The passage of legislation is just the beginning of the process of enforcement. Legislatures pass laws
criminalizing certain behavior but law enforcement agencies, both police and prosecutors, must fill the gap
between law-on-the-books and law-in-action. Criminal justice system agencies are responsible for putting in
place institutional structures and policies that promote an "operational" understanding and enforcement of laws
(Grattet and Jenness, 2005). Without such action, laws are often unenforced. As described previously, the
limited research on criminal justice system responses to human trafficking suggests that law enforcement
agencies and prosecutors offices have generally done little to establish institutional responses to guide front-line
police and prosecutors in the identification of, or response to, human trafficking incidents occurring in local
communities (Farrell et al., 2008; Newton et al., 2008). We briefly discuss some of the potential challenges
created when criminal justice agencies fail to establish institutional responses to new or newly defined crimes like
human trafficking. There are numerous institutional barriers to enforcement of new criminal laws. The dayto-day
activities of police and prosecutors are highly institutionalized and there is resistance to changing practices in
response to new legislation (LaFave 1965; Lipsky, 1980; Crank and Langworthy, 1992). This resistance is
particularly acute when front-line actors see the identification of new crimes as a reflection of political whims, the
politicization of law enforcement, and a distraction from basic good police work (Jenness and Grattet, 2005:
337).
Additionally, the needs of an organization, its existing structures and its capacity to respond to emerging crime
problems further constrain decisions about how to handle particular cases. When legislatures pass new laws or
communities prioritize the identification of new types of crimes, enforcement of these laws often depends on
police agencies adopting formal policies that outline the expected responses to new crimes as well as training
officers and holding them accountable for enforcement to overcome institutional resistance. For example,
enforcement of domestic violence (Buzawa and Buzawa 2002; Ferraro, 1989) and hate crime laws (Nolan and
Akiyama, 1999; Jenness and Grattet, 2005) required comprehensive law enforcement training and policies to
guide officer responses. Likewise, since formal policies and informal norms within prosecutors offices constrain
the decisions of individual prosecutors (Jacoby 1976, 1980; Mellon et al 1981), agency-level responses to new
laws are often necessary to promote prosecution. Institutional responses have been particularly important for
crimes such as domestic violence, sexual assault and hate crime where there is a history of individual and
institutional resistance from law enforcement.
Basic training for all agency personnel about the nature and elements of new crimes is critical to promoting
successful identification and prosecution. Successful prosecution of all types of crime is dependent on police and
prosecutors developing a shared understanding of the kind of evidence necessary to secure convictions. When
prosecutors routinely decide not to file charges in cases where the police make arrests, the number and quality
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of cases referred by the police will decline, ultimately leading to even fewer cases being prosecuted (Cole, 1984).
With new crimes, the police and prosecutors have not yet developed shared understandings of the types of
evidence needed to proceed with criminal prosecution, which can lead to frustration by the police when their
arrest practices are not legitimized by prosecutions.
To overcome institutional challenges, some agencies designate specialized personnel or units to promote the
investigation and prosecution of specific types of offenses. Specialization provides a small group of decision
makers with additional training around a new or newly prioritized crime. Specialized personnel or units serve as
subject matter experts to the organization and help police and prosecutors develop routines for dealing with
cases that may be less common and often have specific evidentiary challenges. Specialization is also intended
to promote consistency in decisions about charging and case processing because all cases of a particular type
are funneled to a small group of highly trained investigators or prosecutors who work with victims throughout the
entire case process.
Despite the importance of institutional responses such as specialization, empirical research on the effectiveness
of such responses to promote prosecution is mixed. For example, studies of specialized sexual assault units in
both police agencies (LaFree, 1981, 1989) and prosecutors offices (Beichner and Spohn, 2005) suggest that
while actors in specialized units hold more empathetic attitudes towards sexual assault victims, arrest and
charging patterns in specialized units were similar to those of non-specialized units. Beichner and Spohn (2005)
suggest that institutional pressure to prosecute particular crimes may be in conflict with focal concerns shared by
institutional decision makers. In the case of sexual assault, they suggest that focal concerns (Steffensmeir et
al., 1998) shared by prosecutors about what constitutes a credible victim was the most influential factor in
explaining why certain cases were forwarded to prosecution while other cases were dismissed. Prosecutors were
less likely to file charges when the victim had engaged in risk taking behavior or there were questions about the
victims moral character regardless of the type of unit. As this example illustrates, institutional explanations
alone are insufficient for understanding the prosecution of new crimes.
Additionally, it is necessary to understand the factors that affect the actions of individual decision makers.
1.4 Individual Explanations
Decades of empirical research have been devoted to understanding how police and prosecutors use their
discretion to process different types of cases through the criminal justice system. A common explanation
advanced for understanding the decisions of criminal justice actors, particularly prosecutors, is the need to avoid
uncertainty. According to this perspective, prosecutors will only file criminal charges in those cases where they
believe the chance of conviction is high (Albonetti, 1986, 1987). In the case of new crimes, uncertainty about the
likelihood of a conviction is high and prosecutors are anticipated to be more cautious about proceeding with
prosecutions.
Prosecutorial assessment of whether or not a case will result in a conviction is largely influenced by legal factors
such as the severity of the offense and the strength of the evidence (Albonetti, 1987; Jacoby et al., 1982; Miller,
1969; Stanko, 1982; Schmidt and Steury, 1989). In the case of new crimes or newly prioritized crimes, a
prosecutor is less able to assess legal factors, such as the type of evidence necessary to secure convictions. In
these cases, legally irrelevant factors such as the race, class and gender of suspects and victims may have a
stronger effect on prosecutorial charging decisions (Kerstetter, 1990; Spears and Spohn, 1997; Spohn, Gruhl
and Welch, 1987). Legally irrelevant factors appear to affect prosecutorial decisions through the mechanisms of
prosecutorial assessments of victim or suspect credibility. Since prosecutors often do not have all the necessary
information about what happened in a criminal incident, they commonly employ a form of perceptual short-hand
(Hawkins, 1981), whereby stereotypes based on personal characteristics affect prosecutor assessments of an
individuals credibility and trustworthiness. Ethnographic research with prosecutors suggests such personal
characteristics have a particularly significant effect on prosecutor decisions to file charges when these
characteristics alter the perceived credibility of the victim (Frohmann, 1991).
As a result of their focus on securing successful convictions, prosecutors develop a downstream orientation
where they evaluate evidence based on how they believe information will be received by judges and juries
(Frohmann, 1997). Thus, even if prosecutors personally believe a victim is being truthful, they will be reluctant to
file charges if they do not believe that judges and juries will believe the victims testimony. This is particularly
important in human trafficking cases where concerns about victim cooperation and credibility are well
documented (Advocates for Human Rights, 2008). Even after victims have initially cooperated with the police
and/or prosecutors, they have a tendency to recant their testimony out of fear or dependency on their trafficker
and mistrust of the police (Clawson et al., 2008). The police interview processes necessary to secure information
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for the arrest or prosecution of offenders can re-traumatize trafficking victims, exacerbating their anxiety and
reducing their ability to clearly remember and recount events. These interviews can replicate some of the
features of trafficking experiences, particularly if victims feel coerced to provide information or believe their safety
and security is dependent upon their successful cooperation with the police (Womens Commission for Refugee
Women and Children, 2007).

Chapter Two
Bangladesh Case
Prosecution
The Government of Bangladesh did not provide evidence of increasing efforts to combat sex trafficking or forced
labor during the reporting period. Bangladesh prohibits the trafficking of women and children for the purpose of
commercial sexual exploitation or involuntary servitude under the Repression of Women and Children Act of
2000 (amended in 2003), and prohibits the selling and buying of a child under the age of 18 for prostitution in
Articles 372 and 373 of its penal code. Prescribed penalties under these sex trafficking statutes range from 10
years imprisonment to the death sentence. The most common sentence imposed on convicted sex traffickers is
life imprisonment. These penalties are very stringent and commensurate with those prescribed for other serious
crimes, such as rape. Article 374 of Bangladeshs penal code prohibits forced labor, but the prescribed penalties
of imprisonment for up to one year or a fine are not sufficiently stringent.
During the reporting period, the government obtained the convictions of 32 sex trafficking offenders and
sentenced 24 of them to life imprisonment; eight were sentenced to lesser prison terms. This is a slight decrease
from the 37 convictions obtained in 2008. The government did not report the conviction of any labor trafficking
offenders. The government prosecuted 68 cases involving suspected sex trafficking offenders and conducted 26
investigations, compared with 90 prosecutions and 134 investigations during the previous year. Forty-nine
prosecutions resulted in acquittals; however, under Bangladeshi law the term acquittal can also refer to cases
in which the parties settled out of court or witnesses did not appear in court. Despite administrative actions taken
against labor recruitment agencies involved in fraudulent recruitment and possible human trafficking, the
government did not report any criminal prosecutions or convictions for labor trafficking offenses. The
Bangladeshi judicial systems handling of sex trafficking cases continued to be plagued by a large backlog and
delays caused by procedural loopholes. Most sex trafficking cases are prosecuted by 42 special courts for the
prosecution of crimes of violence against women and children spread throughout 32 districts of the country;
those courts are generally more efficient than regular trial courts.
The Ministry of Home Affairs Anti-Trafficking Monitoring Cell reportedly collected data on trafficking arrests,
prosecutions, and rescues, and coordinated and analyzed local-level information from regional anti-trafficking
units. During the year, there was some evidence of official complicity in human trafficking. Several NGOs
reported a nexus among members of parliament and corrupt recruiting agencies and village level brokers and
indicated that politicians and regional gangs were involved in human trafficking. Some NGOs also report that
official recruitment agencies in Dhaka have linkages with employers in destination countries who sometimes put
their migrant workers in situations of servitude. Low-level government employees were also complicit in
trafficking. According to the Ministry of Home Affairs, the government prosecuted a civil servant who was
complicit in trafficking; the trial remained ongoing at the end of the reporting period. The government confirmed
the existence of allegations against some Bangladeshi soldiers in Sierra Leone who may have engaged in or
facilitated trafficking, but the government did not provide any information on investigations or prosecutions of
these cases. The countrys National Police Academy provided anti-trafficking training to 2,876 police officers in
2009. The 12 police officers of the Ministry of Home Affairs Trafficking in Human Beings Investigation Unit
continued to receive training on investigation techniques. Other government officials received training from
NGOs, international organizations, and foreign governments. A 2009 report from a prominent NGO suggested
that law enforcement trainings have not translated into increased prosecutions or a change in outlook.
Bangladesh is a source country for men, women, and children subjected to forced labor and sex trafficking.
Some of the Bangladeshi men and women who migrate willingly to the Gulf, Maldives, Iraq, Iran, Lebanon,
Malaysia, Singapore, Brunei, Europe, and elsewhere for work subsequently face conditions indicative of forced
labor, such as restrictions on movement, withholding of passports, threats of force, physical or sexual abuse, and
threats of detention or deportation for immigration violations. Before their departure, many migrant workers
assume debt to pay high recruitment fees, imposed legally by recruitment agencies belonging to the Bangladesh
Association of International Recruiting Agencies (BAIRA) and illegally by unlicensed sub-agents; this places
some migrant workers in debt bondage. Some recruitment agencies and agents also commit recruitment fraud,
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including contract switching, in which they promise one type of job and conditions but then change the job,
employer, conditions, or salary after arrival. There are reports of an increased number of Bangladeshis transiting
through Nepal to obtain Nepalese visas and work permits for employment in the Gulf; some are trafficking
victims. A civil society group reported that some Bangladeshi men in the Gulf, particularly in the United Arab
Emirates, are vulnerable to being subjected to forced labor in other countries, including Greece and Spain. Some
women and children from Bangladesh are transported to India and Pakistan, where they are subjected to
commercial sexual exploitation or forced labor. Some in the Rohingya community in Bangladesh have been
subjected to human trafficking.
Within the country, some Bangladeshi children and adults are subjected to sex trafficking, domestic servitude,
and forced and bonded labor, in which traffickers or recruiters exploit an initial debt assumed by a worker as part
of the terms of employment. Some street children are coerced into criminality or forced to beg; begging
ringmasters sometimes maim children as a means to earn more money. In some instances, children are sold into
bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud
and physical coercion. According to an international expert on debt bondage, some Bangladeshi families and
some Indian migrant workers are subjected to bonded labor in Bangladesh's brick kilns; some kiln owners sell
bonded females into prostitution purportedly to further recoup the families' debts. That same expert also reported
that some Bangladeshi families are subjected to debt bondage in the shrimp farming industry in southeastern
Bangladesh and that some ethnic Indian families are forced to work in the tea industry in the northeastern part of
the country. In some instances, girls and boys as young as eight years old are subjected to forced prostitution
within the country, living in slave-like conditions in secluded environments. Trafficking within the country often
occurs from poorer, more rural regions, to cities. Many brothel owners and pimps coerce Bangladeshi girls to
take steroids to make them more attractive to clients, with devastating side effects.
Bangladesh does not fully comply with the minimum standards for the elimination of trafficking; however, it is
making significant efforts to do so. The government drafted rules to implement the 2012 Human Trafficking
Deterrence and Suppression Act (HTDSA) and began prosecuting cases under the law. However, the lack of
adequate law enforcement efforts and institutional weaknesses continued to contribute to the trafficking of
Bangladeshi migrant workers abroad. The government took limited steps to regulate fraudulent recruitment
agents and their unlicensed subagents. Inadequate trafficking victim protection remained a serious problem.
The Government of Bangladesh maintained anti-trafficking law enforcement efforts during the reporting period.
The 2012 HTDSA generally prohibits and punishes all forms of human trafficking, though it does not prohibit the
fraudulent recruitment of labor migrants in the absence of proof of the recruiter's knowledge of forced labor.
Prescribed penalties for labor trafficking offenses are five to 12 years' imprisonment and a fine of not less than
approximately the equivalent of $600, and prescribed penalties for sex trafficking offenses range from five years'
imprisonment to the death sentence. These penalties are sufficiently stringent, and commensurate with those
prescribed for other serious crimes, such as rape. In the reporting period, the government drafted but did not yet
adopt implementing rules for the HTDSA. The new law repeals the sections of the Repression of Women and
Children Act (WCA) that prohibited the trafficking of women and children for the purpose of commercial sexual
exploitation or involuntary servitude; however, cases filed under these sections before the passage of the
HTDSA would still be valid and would come under the jurisdiction of the HTDSA.
In 2012, the government reported investigating 67 and prosecuting 129 alleged trafficking cases, compared with
143 cases investigated and 80 cases prosecuted in 2011. During the reporting period, the government convicted
eight trafficking offenders, and sentenced at least five of them to life imprisonment under Sections 5 (prohibiting
"women trafficking") and Section 6(1) (prohibiting "girl trafficking") of the WCA. This is a decrease from the 14
convictions obtained in 2011, with eight offenders sentenced to life imprisonment.
The alleged human trafficking complicity of some Bangladeshi government officials remained a problem. Several
NGOs reported links between members of parliament, corrupt recruiting agencies, and village level brokers.
Corrupt politicians, police, and border security forces on both sides of the India-Bangladesh border reportedly
recognized a token used by human traffickers to evade arrest if caught at the border. NGOs and the media
reported that some registered recruitment agencies in Dhaka had links with employers who subjected migrant
workers to trafficking and with brokers in destination countries who facilitated fraudulent recruitment. The
10

Government of Bangladesh reported that it continued prosecuting cases of three government officials suspected
of trafficking-related complicity under Section 5 of the WCA, although there were no further developments in
those cases. The government provided some anti-trafficking training at the police training academy and more
thorough training modules at detective training schools. Government agencies provided facilities in support of
some NGO-led law enforcement trainings, and the public prosecutor and superintendent of police led some
training sessions on the HTDSA in other trainings organized by civil society groups.
Protection
The Government of Bangladesh made limited efforts to protect victims of trafficking over the last year. While the
government trained police on standard operating procedures for trafficking investigations, including provisions for
identifying trafficking victims, government officials did not systematically identify trafficking victims among
vulnerable populations or refer victims of trafficking to protective services; victim referrals occurred on an ad-hoc
basis. More than 600 trafficking victims were either self-identified or identified by civil society groups in 2012. The
government did not provide or fund shelters or other services specifically dedicated to trafficking victims, but
trafficking victims were technically able to access support services for vulnerable people through shelter homes,
drop-in centers, and safe homes administered by the Ministry of Social Welfare. The government continued to
run one shelter in the Bangladeshi Embassy in Riyadh for female Bangladeshi domestic workers fleeing abusive
employers. The government did not provide protective services specifically to male victims of trafficking. A senior
government official acknowledged the Bangladeshi diplomatic corps lacked the manpower in destination
countries to adequately address labor trafficking. When Bangladeshi migrant workers lodged complaints of labor
and recruitment violations, they most often resorted to arbitration by the BAIRA, which did not provide sufficient
financial compensation and rarely addressed the illegal activities of some BAIRA-affiliated recruitment agents.
There was no information on whether law enforcement officials encouraged victims of trafficking to participate in
investigations and prosecutions of their traffickers. An NGO reported that some trafficking victims were detained
when they returned to Bangladesh after migrating irregularly to another country. Unregistered Rohingya refugees
who were trafficking victims may have been detained indefinitely for their lack of documentation. The government
did not provide temporary or permanent residency status for foreign trafficking victims.
Prevention
The Bangladeshi government made few efforts to prevent trafficking during the reporting period. The government
also sustained policies that permitted the forced labor of Bangladeshi migrant workers abroad to continue. For
example, the government adopted the Abu Dhabi Dialogue Framework of Regional Collaboration, which includes
provisions to familiarize workers with their rights and reduce recruitment fees. However, it continued to allow
BAIRA to set extremely high and legal recruitment fees, license individual agencies, certify workers for overseas
labor, and handle most complaints of expatriate laborers, while the government exercised inadequate oversight
to ensure practices did not facilitate debt bondage of Bangladeshi workers abroad. Many government ministries,
in partnership with civil society organizations, continued to raise awareness of human trafficking to government
officials and vulnerable populations. The Ministry of Expatriate Welfare's Vigilance Task Force continued to
operate; its mandate was to improve the oversight of Bangladesh's labor recruiting process. In the reporting
period, the Task Force deregistered 65 recruitment agencies for engaging in illegal practices, but there was no
information on whether these practices included fraudulent recruitment or charging illegal recruitment fees. In
December 2012, following a 2011 meeting in Dhaka between the Bangladeshi government and BAIRA, the
Dhaka Principles for Migration with Dignity were launched, including the principle that migrant workers should not
be charged any recruitment fees. The only effort to adhere to these principles was the government entering into
a written agreement with Malaysia to establish government-to-government labor recruitment with recruitment
fees capped at the equivalent to approximately $500; nonetheless, questions remain about the ability of the
Bangladeshi government to protect these workers in Malaysia. The Home Secretary continued to chair the interministerial anti-trafficking committee meetings, which met regularly, and the Ministry of Home Affairs (MHA)
continued to work with civil society groups through a bimonthly counter-trafficking coordination committee. Interministerial coordination continued to be a challenge. The MHA published its annual report on human trafficking.
Training, including awareness about human trafficking, was provided to Bangladeshi soldiers prior to their
deployment abroad on international peacekeeping missions. During the year, the government did not take
measures to reduce the demand for commercial sex acts. Bangladesh is not a party to the 2000 UN TIP
Protocol.
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Chapter Three
Recommendations
Finalize, adopt, and disseminate the implementing rules for the HTDSA, and train government officials on its
implementation; take steps to sharply reduce all recruitment fees charged by licensed labor recruiters, and
enforce violations with criminal sanctions; increase efforts to prosecute trafficking cases and convict trafficking
offenders, respecting due process; use the HTDSA to prosecute fraudulent labor recruiters; continue to train
government officials, including law enforcement, labor inspectors, and immigration officers, on methods to
proactively identify trafficking cases, including of adults and children subjected to bonded labor; take steps to
address any allegations of trafficking-related complicity of public officials, particularly through criminal
prosecution; improve oversight of Bangladesh's international recruiting agencies to ensure they are not
promoting practices that contribute to labor trafficking; provide support services for adult male trafficking victims
and victims of forced labor; conduct awareness campaigns about the existence of laws against bonded labor
targeted to government officials, employers, and vulnerable populations; improve services for shelters, legal aid,
counseling, and trained staff at Bangladeshi embassies in destination countries; shorten the time required for
Bangladeshi victims to receive documentation at Bangladeshi embassies required for repatriation; increase the
accessibility of information about the migration process to potential migrants before they decide to migrate;
improve quality of pre-departure trainings, including sessions on labor rights, labor laws, and methods to access
justice and assistance in destination countries and in Bangladesh; improve data collection on the number of
trafficking victims identified and assisted in Bangladesh and by Bangladeshi embassies; establish a toll-free labor
exploitation hotline accessible by cell phone to facilitate victim identification; and accede to the 2000 UN TIP
Protocol.

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