Research Proposal

Laws and Policies for the Prevention and Control of Trafficking in

Bangladesh: A comparative legal analysis

Course Code: Law 412

Course Title: Legal Research Methodology and Effective Writing

Submitted To: Submitted By:

Mr. Md. Abu Saleh Abdullah Al Nabil
Senior Lecturer ID: 141-26-586
Department of Law Department of Law
Daffodil International University Daffodil International University

Date of Submission: 15-10-2017

Introduction:
Trafficking in women and girls has been recognized as a global problem in recent years.
Reportedly, millions of women have been trafficked across borders and within countries. Some
estimates claim that the profits from this trafficking eclipse the profits from the underground
trade in arms and narcotics.1 Trafficking in women has become part of transnational organized
crime and has been referred to as the dark side of globalization. Over the last decade, the
South Asian region has attracted attention for its growing trafficking problem. Within the South
Asian region, Bangladesh and Bangladesh have been designated as sending countries or
countries of origin in the regional web of trafficking. India and Pakistan are usually referred to
as countries of transit or destination. Activists and governments are increasingly
acknowledging that the trafficking of women and girls occurs both within the borders of a
country and across regions and continents beyond South Asia.
Background:
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.
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.
Significance: Trafficking in women and girls has been recognized as a global problem in recent
years. Reportedly, millions of women have been trafficked across borders and within countries.
Some estimates claim that the profits from this trafficking eclipse the profits from the
underground trade in arms and narcotics Trafficking in women has become part of transnational
organized crime and has been referred to as the dark side of globalization. Over the last
decade, the South Asian region has attracted attention for its growing trafficking problem.
Within the South Asian region, Bangladesh and Bangladesh have been designated as sending
countries or countries of origin in the regional web of trafficking. India and Pakistan are usually
referred to as countries of transit or destination. Activists and governments are increasingly
acknowledging that the trafficking of women and girls occurs both within the borders of a
country and across regions and continents beyond South Asia. The problem is particularly acute
in Bangladesh. Bangladesh is one of the least developed countries of the world, lacking in
sufficient economic capital, infrastructure, and developed human resources to forge an
independent path of development. Overwhelmingly agrarian in nature, 90 percent of its 21
million inhabitants rely on subsistence agriculture. Adult literacy is as low as 23 percent for
females and 57 percent for males; infant and maternal mortality rates are the highest in South
Asia. The historically high level of out migration of people searching for sustainable livelihood
options is escalating. In certain districts in the country the out migration of men and women of
prime productive and reproductive age is particularly high. Trafficking is an important offshoot
of migration in Bangladesh, and one of its most abusive forms. Primary Questions are
following
1. What are the existing legal and policy interventions that address trafficking?
2. What are the underlying assumptions on which these policies and legislation are based?
3. How do these policies and laws stand up to a human rights analysis? How do they
address the rights of the most vulnerable?
4. What recommendations could improve the policies and laws and improve
antitrafficking interventions?