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Rajshahi University Law Review Vol. XI, Dec. 2020
Page | 163
Cross-border Human Trafficking in Bangladesh with
special reference to Pandemic Situation
Mst. Rezwana Karim*
Abstract
Based on secondary data, this study intends to depict the
scenario of cross-border human trafficking from Bangladesh
with a focus on the COVID-19 pandemic. The COVID-19-
shaken economy coupled with various steps taken to curb the
pandemic by major destination countries of the Bangladesh
labor force has worsened cross-border human trafficking. The
country’s unprotected border with India and the Bay-of-
Bengal has also exacerbated the crime. A very low rate of
conviction in human trafficking cases is a major loophole of
the justice system and is encouraging for the traffickers.
Enactment of the Prevention and Suppression of Human
Trafficking Act of 2012, the establishment of seven anti-
trafficking tribunals, and framing the national plan of action
2018-22 are praiseworthy initiatives by the Bangladesh
Government for preventing human trafficking. In spite of
these initiatives, the country is far away from meeting the
standard for the elimination of human trafficking. It is
emphasized that the formulation of a long-term national
strategy to combat human trafficking through a balanced and
victim-centered approach is required from the government of
Bangladesh.
Keywords: Human trafficking, COVID-19, Human rights,
Cross-border crime
1. Introduction
Although the Coronavirus (COVID-19) was first identified in the Wuhan
city of China during the last quarter of 2019, the World Health
Organization officially declared the outbreak as a pandemic on 11 March
2020 because of its global spread and severity.1 The cyclic effect of the
* Lecturer, Department of Law, Bangladesh Army International University of
Science and Technology, Cumilla–3501; M. Phil Research Fellow, Institute of
Rajshahi University Law Review Vol. XI, Dec. 2020
Page | 164
pandemic has drastically reduced most production activities, caused the
tourism industry near to death, affected airways and other travel and
transport agencies, reduced consumption of most products, and halted
economic activities to a significant extent. All these have hampered the
creation of new jobs, caused drastic job cuts of huge numbers of
employees, and enhanced the rate of unemployment globally.
According to the estimation of the International Labour Organization,
the lockdowns of the 2020 pandemic have affected 2.7 billion workers
constituting 81% of the world’s workforce.2
Similar to all other parts of the globe, the pandemic has harshly affected
Bangladesh – the world’s 8th most populous country. Although there
are many drivers of economic growth, it is recognized that remittance
sent by workers abroad and the export of Readymade Garments (RMG)
are the key drivers for Bangladesh’s recent promotion to a lower-
middle-income country. The exporting manpower from Bangladesh has
started in 1976 and gained momentum over RMG export in recent years.
The number of immigrant workers in 160 countries from Bangladesh
increased to 10 million.3 From April to November 2020, a total of 0.33
million immigrant workers have returned to Bangladesh.4 Further,
Bangladesh Studies (IBS), University of Rajshahi, Rajshahi–6205, Bangladesh. E-
mail: rezwanalaw@gmail.com
1 Ömer AÇIKGÖZ and Asli GÜNAY. ‘The Early Impact of the Covid-19 Pandemic
on the Global and Turkish Economy,’ Turkish Journal of Medical Sciences 50 (2020):
520-526, available athttps://dergipark.org.tr/tr/download/article-file/1064185,
last accessed on December 10, 2020.
2 International Labor Organization (ILO), ILO Monitor: COVID-19 and the world of work,
Second edition, April 7, 2020, available at https://www.ilo.org/wcmsp5/
groups/public/---dgreports/---dcomm/documents/briefingnote/wcms_740877.pdf, last
accessed on December 12, 2020.
3 Ministry of Expatriates’ Welfare & Overseas Employment, GOB, List of the
Renewed Recruiting Agencies (up to May 2019), available at
https://probashi.gov.bd, last accessed on December 16, 2020.
4 3,26,758 migrant workers return home in eight months, ’The Financial Express,
December 18,2020, available at https://thefinancialexpress.com.bd/economy/
bangladesh/326758-migrant-workers-return-home-in-eight-months-1608299419,
last accessed on January 12, 2021.
Rajshahi University Law Review Vol. XI, Dec. 2020
Page | 165
during the early wave of the pandemic more than 70,000 RMG workers
have lost their jobs because of orders canceled by big brands.5
A higher rate of unemployment has been a common problem in
Bangladesh and the problem has become acute during the COVID-19
pandemic. To ensure bread and butter for their families, workers are
ready to go abroad selling their homestead and borrowing from
village-merchants at a higher interest rate. Even several incidents prove
that they are ready to go abroad crossing the ocean by risking their
lives. Taking this desperate attitude of workers as an opportunity,
criminals have become more active in cross-border human trafficking.
Bangladesh has recently been shaken by several human trafficking
scandals in the international arena. In one of those cases, a lawmaker
was found involved in trafficking individuals to Kuwait. In another
case, a network illegally sent workers to Vietnam with the false
promise of well-paid jobs.6 However, the Libyan tragedy, where 30
workers including 26 Bangladesh citizens were brutally killed on 28
May 2020, has brought the cross-border human trafficking issue into
the limelight.7
Human trafficking, also known as trafficking in persons, generally
covers facilitated and voluntary migration, sexual abuse, and
mobilization of people from one place to another influenced by threat
and force with exploitation motive.8 With the continual changes of
political, economic, and social conditions, the model of human
5 Naimul Karim, ‘Twice trafficked? COVID-19 fuels fears for survivors in
Bangladesh,’ Thomson Reuters Foundation, December 8, 2020, available at
https://www.reuters.com/article/bangladesh-coronavirus-
humantrafficking/feature-twice-trafficked-covid-19-fuels-fears-for-survivors-in-
bangladesh-idINL8N2IH2U4?edition-redirect=in, last accessed on December 20,
2020.
6 Nagib Bahar, ‘How 26 Bangladeshis were killed in Libya?’ BBC Bangla, Dhaka,
May 29, 2020, available at https://www.bbc.com/bengali/news-52846385, last
accessed on December 19, 2020.
7 Ibid.
8 Ruh Afza Ruhi, ‘Human Trafficking in Bangladesh: An Overview,’ Asian Affairs
25, no. 4 (2003):45-56, available at https://citeseerx.ist.psu.edu viewdoc/
download? doi=10.1.1.474.4696&rep=rep1&type=pdf, last accessed on December
27, 2020.
Rajshahi University Law Review Vol. XI, Dec. 2020
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trafficking is changing with time, place and environment. The new
perceptions of trafficking are extracted from the assessment of the
present situations of trafficked persons with emphasis on the
protection and promotion of their human rights.9
In other words, human trafficking means the recruitment,
transportation, or harboring of persons for exploitation-sexual or
forced
labor.
10 It is a far-reaching crime that exploits human
vulnerabilities arising from poverty, sexism, racism, inequality of
wage, and a lack of education, social safety net, and employment
opportunities.11 Section 3 of the Prevention and Suppression of Human
Trafficking Act (PSHTA), 2012 of Bangladesh states –
Human trafficking means the selling or buying, recruiting or receiving,
deporting or transferring, sending or confining or harbouring either inside or
outside of the territory of Bangladesh of any person for the purpose of sexual
exploitation or oppression, labor exploitation or any other form of exploitation
or oppression by means of (a) threat or use of force; (b) deception, or abuse of
his or her socio-economic or environmental or other types of vulnerability; or
(c) Giving or receiving money or benefit to procure the consent of a person
having control over him.
During the period, when so many are encountering the consequences of
COVID-19 and its dire economic effects, it is critical that fighting against
human trafficking remains a focus of governments, law enforcing
agencies, philanthropists, NGOs, and the private sector. There are plenty
of research studies on the socio-economic and health effects of the virus
all over the world; but there is a dearth of studies addressing the effect
of the pandemic upon human trafficking from the context of Bangladesh
– one of the top countries vulnerable to cross-border human trafficking.
In the aforesaid backdrop, this study aims to draw the picture of cross-
border human trafficking in Bangladesh with a focus on the COVID-19
pandemic. The study also attempts to examine the existing national
and international laws and policies concerning human trafficking,
9 Ibid.
10 Government of Canada, National Strategy to Combat Human Trafficking 2019-
2024, available at https://www.publicsafety.gc.ca/cnt/rsrcs/pblctns/2019-ntnl-
strtgy-hmnn-trffc/index-en.aspx, last accessed on December 25, 2020.
11 Supra note 10.
Rajshahi University Law Review Vol. XI, Dec. 2020
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identify the driving factors for human trafficking, and unveil the
challenges concerning human trafficking triggered by the pandemic.
This qualitative study is mainly based on the secondary data collected
from diversified sources, such as journal articles, newspapers, reports
of national and international agencies, and other online portals; the
relevant Acts and the provisions of the Constitution of Bangladesh
have been evaluated as primary source; measures and guidelines
incorporated in different international conventions have also been
examined. Furthermore, in search of existing cases and insights
regarding human trafficking issues, the discussion was made with
judges, academics, police officers, advocates, workers residing abroad,
and officials of Government-sponsored safe-homes.
2. The COVID-19 Pandemic and Cross-border Human
Trafficking in Bangladesh
Since the effects of the COVID-19 and the Governments’ measures to
curb it differ across the world, the effects of such measures on human
trafficking are likely to vary from region to region and country to
country. Global measures are taken to curb the pandemic, for example,
restriction on movement, which has worsened the human trafficking
situation.12 Human traffickers are using misinformation to convince
desperate people to use their services at higher personal and financial
costs because of increased journey difficulties caused by travel
restrictions.13 Although there are many dimensions of human
trafficking, this section has emphasized the cross-border human
trafficking of Bangladesh citizens.
Bangladeshis who willingly migrate to the countries of the Middle
East, Southeast Asia, South Asia in particular, India, Africa, and
12 UN News, "More uprooted, fewer return, pushing forcibly displaced above 80
million", December 9, 2020, available at https://news.un.org/en/story/2020/12/
1079642, last accessed on November 29, 2020.
13 Tasneem Tayeb, ‘How do We Address Human Trafficking During a Pandemic?’
The Daily Star, July 30, 2020, available at https://www.thedailystar.net/
opinion/closer-look/news/how-do-we-address-human-trafficking-during-
pandemic-193, last accessed on December 29, 2020.
Rajshahi University Law Review Vol. XI, Dec. 2020
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Europe are usually trapped by the traffickers and exploited through
forced labor.14 Those who migrate for work through illegal channels
become the main target of traffickers. They are exploited through
recruitment fraud, where victims are offered jobs at attractive salaries
but engaged in sex trafficking upon arrival.15 Recently, officials have
received many complaints of non-payment and contact switching from
30,000 migrant Bangladesh workers in Brunei. Further, around 69,000
of the 234,000 Bangladeshis working in the Maldives have been found
undocumented and are being exploited through non-payment,
underpayment, or fraudulent recruitment.16
Bangladesh shares a 4,096-kilometer-long international border with
India touching all the divisions of Bangladesh except Dhaka and
Barisal.17 This border is the 5th longest international land border that
consists of 90% of Bangladesh’s total border of 4,413 kilometers. This
border is used as the most common human trafficking from Bangladesh
and thus, a major concern for the authorities of both countries. The
Border Security Force (BSF) of India has arrested a total of 915 women
across this border during seven-and-a-half months up to the mid of
August 2020 compared to a total of 936 in 2019.18 It is crystal clear that
the number of trafficked women in the pandemic year of 2020 is near to
double the number of 2019. Thus, the number indicates the seriousness
of the financial need of women during the pandemic as a substantial
number of women are enticed to a change in life though the hidden
agenda was trafficking. Moreover, there might be a significant number
of trafficked persons who escaped the eyes of security forces. Referring
to anonymous officials posted on the Indo-Bangla border, most of the
women trafficked from Bangladesh into India are sold for sex rackets.
14 United States Department of State (USDS), 2020 Trafficking in Persons Report:
Bangladesh, June 2020, available at https://www.state.gov/reports/2020-
trafficking-in-persons-report/bangladesh/last accessed on December 15, 2020.
15 Ibid.
16 Ibid.
17 N. S. Jamwal, ‘Border management: Dilemma of guarding the India‐Bangladesh
border,’ Strategic Analysis 28, no. 1 (2004): 5-36. DOI: 10.1080/09700160408450116
18 ‘915 Women Caught Crossing India- Bangladesh Border in 2020,’the Sentinel (e-
paper), August 23, 2020, available at https://www.sentinelassam.com/national-
news/915-women-caught-crossing-india-bangladesh-border-in-2020-
496831?infinitescroll=1, last accessed on January 12, 2021.
Rajshahi University Law Review Vol. XI, Dec. 2020
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This indicates the severity and growing trend of human trafficking
through the Indo-Bangla border during the COVID-19 pandemic. It was
noticed that traffickers push the poor and vulnerable people, especially
women across the border by enticing them through attractive job offers
in Indian cities, such as Kolkata, Guwahati, and even as far as Delhi and
Mumbai.19 Loss of jobs or fewer job opportunities caused by the
pandemic might lure gullible people to be victims of human trafficking
across the border.
Attempts were made to search and analyze relevant human trafficking
cases filed during the COVID-19 pandemic. Accordingly, eight cases
have been found as shown in table 1:
19 ‘BSF alerts units along Bangladesh border against spurt in human trafficking
during COVID-19, ’The Hindu, July 05, 2020, available at https://www.
thehindu.com/news/national/bsf-alerts-units-along-bangladesh-border-against-
spurt-in-human-trafficking-during-covid-19/article31993867.ece#, last accessed on
January 12, 2021.
Rajshahi University Law Review Vol. XI, Dec. 2020
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Table 1: Cross-border Human Trafficking Cases during COVID-19
Pandemic
S.L.
Case
Reference
Case Filed
Status
01.
Mst. Nargis
Khatun
vs
.
Md. Alif and Md. Mojnu
FIR no 26/235,
Godagari Thana,
Rajshahi
June 16,2020 Under
Investigation
02.
Md. Shamim Mia vs
.
M N
H Khadem Dulal
FIR No 56/437,
Paltan Thana,
Dhaka
Metropoliton
Police
September 24,
2020
Under
Investigation
03.
Md. Hafizul Islam vs
.
Kazi
Maruf Hossain Sajib, Md.
Kazi Omar Faruk and
Others
FIR no 3/291,
Banani Thana,
Dhaka
Metropolitan
Police
October
01,2020
Under
Investigation
04.
SI Md. Abdul Mojid
vs
.
Sri
Sujon Chandra Das, Md.
Shohag, Mst. Sonia Akter
and Others
FIR no 6/248,
Puthia THANA,
Rajshahi
October
07,2020
Under
Investigation
05.
MehediSarkar
vs
.
Md.
Mahmudul Hasan,
Mojibur Rahman, Md.
Delower Hossen and
Others
FIR no 53/508,
Paltan Thana,
Dhaka
Metropolitan
Police
October
31,2020
Under
Investigation
06.
Md. Selim
Sarkar
vs
.
Md.
Habiul Islam Hablu, Mst.
Marium Begum, and Bablu
FIR no 25/302,
Charghat Thana,
Rajshahi
November 24,
2020
Under
Investigation
07.
Al Azad Riaz
vs
.
Shapan,
Md. Muslim, Md.
Mustafizur Rahman and
Others
FIR no 73/583,
Paltan Thana,
Dhaka
Metropolitan
Police
November 24,
2020
Under
Investigation
08.
Md. Morchalin Mia vs
.
Masa, Atiqur Rahman,
Nasrin Akter, Saiful and
others
FIR no 2/604,
Paltan Thana,
Dhaka
Metropolitan
Police
December 01,
2020
Under
Investigation
Source: Fieldwork20
20 Pandemic severity has brought life to such a degree of stagnancy that even the
Monitoring Cell for Anti-Trafficking could not update its monthly cases after
February 2019. Thus, the cases have been collected through fieldwork.
Rajshahi University Law Review Vol. XI, Dec. 2020
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It is evident from the above table that cross-border human trafficking
cases are being filed almost every month during the pandemic. These
cases might be a slight portion of total trafficking that occurred during
the period. The majority of such incidents are not reported or
prosecuted because of the unwillingness of the victims or their
families. The exact number of cases might not be found because of the
limited access to the required information by the researcher. It is not
possible to draw any conclusion from the cases filed as trafficking until
a final decision is made but the filing of such cases reveals the gravity
of the situation even during the days of the pandemic. The above cross-
border cases have been filed during the pandemic, none of the cases
has been disposed of with no arrest of the accused. This is an indication
of the sluggishness of the prosecution process of human trafficking
cases especially the cross-border ones. Although the number of
reported cases is few, it is evident that cross-border human trafficking
is continuing even during the pandemic.
Figure 1: Effect of COVID-19 on Human Trafficking
It appears that the state of affairs due to COVID-19 has led to
financial hardship and loss of jobs ensuing increased poverty; the
pandemic has led to domestic violence; the overwhelming situation of
the pandemic has failed to give social or financial protection to a large
group of beneficiaries; social distancing has disrupted; death toll has
risen; restriction has been imposed on travel. All these and many
more are the effects of the pandemic causing unprecedented crisis.
The racketeers have taken all the opportunity to exploit such a
situation for illegal gain and they are so much desperate that they
COVID-
19
Economic Downtrend
Loss of Jobs
Increased Poverty
Students' Dropouts
Death of Parents
Increased Domestic Violence
Insufficient Social Safety Net
Restriction on Legal Travels
Human
Trafficking
Rajshahi University Law Review Vol. XI, Dec. 2020
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remain indifferent to the pandemic situation which may exterminate
even their own life.
Figure 2: Growth of Human Trafficking Cases in Bangladesh21
As shown in figure 2, it is a matter of concern that when the rate of
human trafficking continues to grow, the number of case files each year
follows a decreasing trend. The investigation of this study has explored
that the causes of the decreased number of cases include lack of mental
and social support, insecurity and repatriation facilities to victims, and
the unwillingness of filing cases by families fearing damage of social
status. Another cause of unwillingness to file cases is the lengthy
procedure of trial. The provision of law is that a human trafficking case
should be completed within 180 days; but a case usually takes several
years to solve.22
It has been evident in a report that compared to the total number of
pending cases, the rate of disposal is merely 4.5%; among the cases
disposed of, the rate of conviction is 22%.23 This indicates the
sluggishness in the trial process of human trafficking cases. This study
has also found that lack of coordination among the bench, bar and law
enforcing agencies, improper investigation of cases, corruption,
21 Supra note 14.
22 Section 24, the Prevention and Suppression of Human Trafficking Act, 2012.
23 Md. Sanaul Islam Tipu, ‘Human Traffickers Go Unpunished as Cases Pile Up at
Tribunals,’ Dhaka Tribune, June 10, 2020, available at https://www.dhaka
tribune.com/bangladesh/2020/06/10/human-traffickers-go-unpunished-as-
cases-pile-up-at-tribunals, last accessed on December 25, 2020.
290
778
561 592
403
0
100
200
300
400
500
600
700
800
900
2016 2017 2018 2019 2020
Number of Cases
Year
Human Trafficking Cases
Rajshahi University Law Review Vol. XI, Dec. 2020
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insecurity and negligence of witnesses, the political affiliation of
traffickers, and an insufficient number of tribunals are the main causes
of such low conviction and disposal rate. Some cases have been
transferred to the newly established tribunals for human trafficking
cases to expedite the trial process, till June 202024 those cases are yet to
be disposed off.
Figure 3: Factors behind Human Trafficking and the Challenges25
24 Ibid.
25 Modified from NCIDIN. "Rapid Assessment on Trafficking in Children for
Exploitative Employment in Bangladesh." (2002), available at
https://www.ilo.org/
ipec/Informationresources / WCMS_IPEC_PUB_772 / lang--en / index.htm last
accessed on December 5, 2020.
Push
Factors
Abusive home environment
Gender discrimination and social exclusion
Social acceptance of child labour
Poverty caused by natural calamities
Limited social safety net
Geographical location of country
Financial shock caused by the pandemic
Pull Factors
Fake promises of jobs by traffickers
Fake promises of marriage by the
traffickers
Illusion of a better life in the cities or
abroad
Illusion of safe work
Illusion of esc aping abuses away from home
Greedy culture
Human
Trafficking
Victims
Challenges
Sluggishness in the trial process
Low conviction and disposal rate
Political affiliation of offenders
Improper monitoring
Huge number of refugees
Lack of awareness about human trafficking
Lack of coordinated efforts
Loss of jobs caused by the pandemic
Restriction on regular migratory channels
Over-use of the Internet caused by lockdown
Rajshahi University Law Review Vol. XI, Dec. 2020
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There are hundreds of factors behind human trafficking, the major
factors relevant to Bangladesh in general behind human trafficking
have been pointed out in figure 3. The situation has aggravated in the
pandemic period as mentioned in the previous section. The lockdown
and other measures against the COVID-19 pandemic have reduced
some traditional crimes, such as murder, theft, burglaries; but it has
enhanced domestic abuses and various forms of trafficking. Domestic
violence has increased globally by 30% during the COVID-19
pandemic.26 Domestic violence – a proven push factor of human
trafficking – is caused by gender inequality, institutional failure, and
insufficient victim protection. As one crime exacerbate another crime,
accelerated domestic violence caused by the COVID-19 pandemic
might increase the risk of human trafficking in Bangladesh. Moreover,
the new financial shock caused by COVID-19 may influence children
and adults to accept risky job offers, which could further increase their
exploitation and trafficking.
From the social viewpoint, the majority of the people who primarily
went abroad from Bangladesh for work were from needy families.
Within a few years of going abroad, the economic condition of most
workers’ families drastically improved. Upon observing the economic
uplift of those families, a wave of working-abroad tendencies has
grown among the young generations of poor and middle-income
families during the last three decades. This indicates a culture in
Bangladesh’s society of becoming wealthier shortly that fosters the
creation of a human trafficking environment. In contrast, there is a lack
of accountability in the actions of private agencies that send a majority
of laborers abroad every year. This is another reason behind the high
growth of human trafficking in Bangladesh.
3. Laws and Policies to Combat Human Trafficking
Thousands of people and their families become victims of human
trafficking within countries and across borders every year. The severity
of human trafficking crimes and issues have attracted the attention of
26 Valiant Richey, ‘Invisible crimes like human trafficking rise during COVID-19,’
Thomson Reuters Foundation News, December16, 2020, available at https://news.
trust.org/item/20201216122708-84btm, last accessed on December 20, 2020.
Rajshahi University Law Review Vol. XI, Dec. 2020
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communities nationally and globally. Consequently, international and
national bodies have employed their efforts from various angles to
curb and eliminate crime. They have formulated different international
conventions and laws at national levels. As a state party of
international conventions, Bangladesh has a responsibility to adopt the
rules stated under international laws and conventions. The following
subsections summarize existing laws and policies related to combating
human trafficking.
3.1 International Laws
The state parties of different international treaties relating to human
trafficking are obliged to take measures to combat human trafficking.
The obligations may be enforceable in international courts and
tribunals, such as the International Court of Justice (ICJ), the
International Criminal Court (ICC), the European Court of Human
Rights (ECHR), and may also be enforceable under domestic laws.
Human trafficking is related to several international treaties covering
the issues, such as slavery, child labor, forced labor, rights of women
and children, rights of migrant workers, and disabled persons. Human
trafficking issues are also related to some general treaties covering
economic, political, civil, cultural, and social rights. Treaties and other
instruments particularly relevant to human trafficking are: United
Nations Convention against Transnational Organized Crime of 2000
with its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, 2000; Convention on the
Elimination of All Forms of Discrimination against Women, 1979;
Convention on the Rights of the Child, 1989; Optional Protocol to the
Convention on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography, 2000; International Convention
on the Protection of the Rights of All Migrant Workers and Members of
their Families, 1990; International Covenant on Civil and Political
Rights, 1966; International Covenant on Economic, Social and Cultural
Rights, 1966; South Asian Association for Regional Cooperation
(SAARC) Convention on Preventing and Combating Trafficking in
Women and Children for Prostitution, 2002; Council of Europe,
Convention on Action against Trafficking in Human Beings (European
Trafficking Convention), 2005; Charter of Fundamental Rights in the
Rajshahi University Law Review Vol. XI, Dec. 2020
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European Union, 2000; article 5, and Directive 2011/36/EU of the
European Parliament and Council on preventing and combating
trafficking in human beings and protecting its victims, 2011. All the
above instruments have been ratified or accessed by Bangladesh except
for the last two.
Basic crime control treaties, such as the United Nations Convention
against Transnational Organized Crime and the United Nations
Convention against Corruption accessed by Bangladesh in 2019 and
2007 respectively are also relevant to human trafficking. Besides,
customs, general principles, and judgments of international tribunals
can be considered references in determining the state’s responsibilities
to combat human trafficking. There are several guiding instruments
related to human trafficking which are not considered equivalent to
law and include suggested principles and guidelines on human rights
and trafficking, guidelines on child trafficking, guidelines on
trafficking and asylum, and non-treaty agreements between countries
on repatriation and reintegration of human trafficking victims.27
3.2 National Laws
Bangladesh has records of offences related to human trafficking where
a majority of the victims are rural women and children. Traffickers
forcefully engage the victims in brothels, hazardous industries,
domestic service, begging, organ trading, and so forth. To tackle
human trafficking, the Government of Bangladesh and many other
NGOs are working actively. The enactment of PSHTA, 2012 is one of
the praiseworthy outcomes of such endeavors.28 The legal framework
on anti-trafficking in Bangladesh consists of the constitutional
provisions, statutes with direct implications to trafficking, and certain
complementary laws. Laws that have a direct and indirect bearing on
the discourse of human trafficking in Bangladesh are discussed here.
27 The Report, Human Rights and Human Trafficking, Fact Sheet No 36, United
Nations, New York and Geneva, 2014, available at https://www.ohchr.org/
documents/publications/fs36_en.pdf, last accessed on December 31, 2020.
28 Jobaira Khan, ‘A General Overview of the Human Trafficking Act,’ Law Help BD,
February 1, 2019, available at https://lawhelpbd.com/special-law/human-
trafficking, last accessed on December 22, 2020.
Rajshahi University Law Review Vol. XI, Dec. 2020
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3.2.1 Constitutional Provisions
In the Constitution of Bangladesh, there is no definition of human
trafficking or trafficking in persons. Even the term has not been
mentioned anywhere in the Constitution. The Constitution has
identified prostitution, which is one of the main causes of human
trafficking, as an anti-social act and provided that the state shall adopt
effective measures to prevent it. 29 Since gender discrimination and
violence against women is one of the reasons for human trafficking,
Article 19 of the Constitution declares that the state shall endeavor to
ensure equality of opportunity for all citizens. Moreover, by inserting
the provision of necessities of life30 and guarantee of employment31, the
Constitution has addressed the poverty issue which is considered one
of the root causes of trafficking.
Several counter-trafficking studies have identified lack of education as
also one of the reasons behind human trafficking. To ensure basic
education, the Constitution authorizes the state to adopt effective
measures for free and compulsory education to all children as
determined by law.32 Article 31 of the Constitution guarantees the right
to protection of law to every citizen wherever he may be. The provision
relating to the protection of life and liberty of all persons in the
Constitution has been the basic guiding principle to combat human
trafficking.33 The Constitution guarantees the repatriation of trafficked
victims. In the case of Abdul Gafur vs. Secretary, Ministry of Foreign
Affair, Govt. of Bangladesh and Another,34 the High Court Division held
that repatriation of trafficked victims suffering on foreign soil is a
fundamental right under the Constitution of Bangladesh.
To outline the fundamental rights, the Constitution has forbidden all
sorts of forced labor 35 and guaranteed freedom of profession and
29 Article 18, The Constitution of the People’s Republic of Bangladesh, 1972.
30 Ibid, Article 15.
31 Ibid, Article 29.
32 Ibid, Article 17.
33 Ibid, Article 32.
34 17 BLD (1997) HCD 560.
35 Article 34, The Constitution of the People’s Republic of Bangladesh, 1972.
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occupation.36 Engaging any person in a profession against his will –
one of the objectives of human trafficking–is a violation of fundamental
rights. Although the Constitution does not provide direct guidance to
combat human trafficking, the above-discussed articles can be
considered as provisions against human trafficking.
3.2.2 General Laws Related to Counter-trafficking
The Penal Code of 1860 has provisions relating to the punishment of
crimes, such as wrongful confinement, kidnapping, slavery, forced
labor, rape, trade of minors for prostitution, and other offences.37 As
most of these crimes are related to human trafficking, the Penal Code is
considered a legal document to combat the crime. The Children Act,
2013 has provisions related to custody and protection of children along
with punishment of offenders who victimize children. The Act of 2013,
has also provisions related to the prevention of human trafficking
offences, such as employing children in begging, using them to
transport toxic liquor or dangerous drugs, engaging them in a brothel.
The Overseas Employment and Migration Act, 2013 deals with
different provisions relating to overseas workers, migration
procedures, and recruiting agency issues. Creating overseas
employment opportunities, introducing safe and fair immigration,
ensuring the rights and welfare of all migrant workers and their family
members are the main concern of this Act.
3.2.3 Complimentary Anti-Trafficking Laws in Bangladesh
The Extradition Act of 1974 deals with the provisions concerning the
extradition of fugitive criminals committing the crimes, such as rape,
procuring or trafficking in women or young persons for immoral
purposes, kidnapping, abduction or dealing in slaves, stealing,
abandoning, exposing, or unlawfully detaining a child, and aiding and
abetting any person in this regard. Most of these offences are treated as
human trafficking. The Dowry Prohibition Act, 2018 can be considered
as a complementary law relating to the anti-trafficking legal regime in
36 Ibid, Article 40.
37 Ss S.357-374, The Penal Code, 1860.
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Bangladesh in the sense that dowry is the reason for domestic violence
—a reason for human trafficking. The Labour Code of 2006 has
replaced many labor laws that were related to labor and child welfare
having bearing on anti-trafficking measures. The Labour Code, 2006,
comprehensively covers most of the aspects of labor laws, prohibits the
employment of children and young persons.38
3.2.4 The Prevention and Suppression of Human Trafficking Act
(PSHTA), 2012
The PSHTA of 2012 is a law dedicated to preventing human trafficking
in Bangladesh. Considering the maliciousness of the human trafficking
offence against humanity and its alarming rate of increment, the
PSHTA was enacted to: (1) restrain and suppress the crime, (2) protect
the victims and survivors of the offence, and (3) ensure the safe
migration of victims. According to the PSHTA, in the case of any
human trafficking offence, anybody can file a complaint to the police
station or tribunal with the provision of concealing the identity of the
victim for security concerns. The provisions of this Act are also
applicable beyond Bangladesh, if the offence concerning human
trafficking is committed by a person staying outside the country, or
onboard an aircraft or a ship. According to this Act, there will be a
tribunal named the Anti-Human Trafficking Offence Tribunal to deal
with human trafficking cases.39 The Act has empowered the Tribunal to
issue an order for the protection of victims or direct any person or
institution for submitting any document, report, or register to the
Tribunal.40 To ensure a swift trial or the security of victims and
witnesses, the Tribunal may accept any statement or documentary
evidence directly or via any electronic means. Section 22(3) of this Act
has given eminent power to the Tribunal. To ensure the protection of
the victim, the Tribunal may also send him to any public or private
protection home or under the custody of any competent person or
38 The Lawyers and Jurists, ‘Legal Framework on Anti-trafficking in Bangladesh,’
available at https://www.lawyersnjurists.com/article/legal-framework-on-
anti-trafficking-in-bangladesh, last accessed on December 20, 2020.
39 Section 21, The Prevention and Suppression of Human Trafficking Act, 2012.
40 Ibid, Section 22.
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organization during the trial or before the prosecution. Considering the
safety and security of women and children victims, an arrangement of
camera trial is permitted in the Act.41
3.3 National Plan of Action (NPA) for Prevention and
Suppression of Human Trafficking 2018-22
The Ministry of Home Affairs has launched a five-year national plan to
fight against human trafficking in the country with a focus on capacity
building of administration and ensuring a strong economic and social
safety net for victims and vulnerable people.42 Objectives of this plan
provide the provision relating to– strengthening and diversifying the
measures to prevent trafficking in persons; improving the quality of
protection and assistance provided to victims of trafficking for their
social reintegration; developing the capacity to investigate crimes of
trafficking in persons and minors; increasing the quality of
disseminated information on the phenomenon of trafficking in persons;
developing and extending the cooperation process between the
relevant national and international actors as well as strengthening the
diplomatic efforts to prevent and combat human trafficking.
3.4 General Instructions for People Going Abroad
The Ministry of Expatriates’ Welfare and Overseas Employment has
issued a list of instructions for the protection of labor from trafficking
and ensure the safety of workers going abroad. Those instructions
include–decide to go abroad in a legal and secured way; analyze cost-
benefit before deciding for going abroad; register the database name
into the related demo; learn the language of the intended country and
take training on the relevant job; go abroad via the government
approved recruiting agency; keep one's own passport; collect and
check visa; put signature on the contract after reading and proper
understanding; have medical check-up from the approved medical
center; provide fingerprint at related demo; participate in the 3-day
41 Ibid, Section 25.
42 Kamrul Hasan, ‘Five year NPA for fighting human trafficking launched,’ Dhaka
Tribune, December 3, 2018, available at https://www.dhakatribune.com/
bangladesh/event/2018/12/03/five-year-npa-for-fighting-human-
traffickinglaunched, last accessed on December 31, 2020.
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pre-exit training before going abroad; preserve three sets of all
documents before going abroad; and collect the smart card from the
Bureau of Manpower, Employment, and Training. All these
instructions, if properly followed, might be very helpful in preventing
cross-border human trafficking to a significant extent.
4. Challenges Concerning Human Trafficking
When the economy of the whole world along with educational, social,
and cultural activities is harshly affected by the COVID-19 pandemic,
the illegal business of human trafficking is growing tremendously.
Combating human trafficking is a great challenge for the civil world,
the specific challenges to combat the crime can be outlined under four
internationally recognized pillars – prosecution, protection, prevention,
and partnerships.
Figure: The 4 Pillars (4Ps) to Combat Human Trafficking
5.1 Challenges regarding Prosecution
● Bangladesh Government has enacted the PSHTA, 2012 to combat
human trafficking. This Act provides provisions regarding
different issues of human trafficking but there are many gaps in
enforcing the legislation. Every year many cases are filed but the
rate of conviction and disposal is remarkably low.
● Reservation by Bangladesh on paragraph 2 of Article 35 of the
United Nations Convention against Transnational Organized
Combating
Human
Trafficking
Prevention of
trafficking
Protection
of victims
Prosecution
of offenders
Working in
partnership
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Crime, 2000 is a major obstacle to settle disputes between states.
This reservation does not create any obligation to Bangladesh
concerning the settlement of disputes arising in the interpretation
and application of this convention.
● In most of the cases filed in the court, the law enforcing agencies
cannot reach human traffickers because of their insufficient
economic, technical, and manpower support. Moreover, using
the loopholes of existing laws, some dishonest officials try to
show a human trafficking case as illegal migration, illegal border
crossing, and human smuggling so that the criminals can get an
advantage from the loopholes of laws.
● Though there are provisions for the protection of victims under
the PSHTA of 2012, victims do not get the protection due to
improper management and monitoring system. Therefore,
victims may be re-victimized during the prosecution, and some
witnesses may turn hostile.
● According to the provisions relating to common intention to
commit an offence, criminal conspiracy, and abetment under the
Penal Code of 1860, human trafficking should be considered an
organized crime. However, it is not often seen as an organized
crime in Bangladesh, and thus, provisions relevant to organized
crime are not applied in such cases.
● The lockdowns caused by COVID-19 have severely affected the
activities of courts. Although virtual sessions have been
introduced at a limited scale, it is not sufficient to deal with a
huge number of cases including human trafficking. Thus,
stagnation of cases is one of the major impediments to combat
human trafficking during the pandemic.
5.2 Challenges regarding Protection
● The state is obliged to provide sufficient shelters or rehabilitation
to rescued victims of trafficking.43 The economic downtrend
caused by the COVID-19 pandemic might create a shortage of
43 Sections 32-40, the Prevention and Suppression of Human Trafficking Act
(PSHTA), 2012.
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government budget required for taking protective measures for
human trafficking victims and survivors.44
● The ratio of men to total victims of trafficking is not negligible
yet, the focus is on the trafficking of women and children and
sexual exploitation with inadequate protection for men.45
Consequently, shelter service is not provided to male victims on
the part of either the government or NGO.
● Protection for human trafficking victims from Bangladesh
identified abroad is still inadequate.46 Restriction on cross-border
travel caused by COVID-19 may further hamper the safe return
of human trafficking victims and deteriorate their protection
measures.
5.3 Challenges regarding Prevention
● The unemployment problem is a major challenge for Bangladesh
in preventing human trafficking. The problem has become more
acute due to millions of job cuts, the return of workers abroad,
and the overall economic downtrend caused by COVID-19.
People living in poverty are willing to take any job opportunities
they can find. This has created a golden opportunity for human
traffickers, who promise job seekers a good career abroad. These
desperate people become the victim of human trafficking in the
form of unpaid or low-paid jobs and exploitation.
● Logistics of the Bangladesh police force and Bangladesh coast
guard are not sufficient. Law enforcing agencies cannot ensure
proper supervision over human trafficking, especially in
44 Fabrizio Sarrica, Claire Healy, Giulia Serio, and Jesper Samson, ‘How COVID-19
Restrictions And The Economic Consequences Are Likely To Impact Migrant
Smuggling And Cross-Border Trafficking In Persons To Europe And North
America,’ United Nations Office on Drugs and Crimes (UNODC), available at
https://www.unodc.org/documents/data-and-analysis/covid/Covid-related-
impact-on-SoM-TiP-web3.pdf, last accessed on January 12, 2021.
45 Supra note 14.
46 Ibid.
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unprotected border areas.47 There is a lack of proper training at
regular intervals48 for personnel at different levels.
● To prevent an organized crime like human trafficking, a
comprehensive and orchestrated awareness program among
mass people is needed. There is a lack of mass-campaign to
create awareness about human trafficking at the root level that
gives rise to increased vulnerability to trafficking.
● The recruiting agencies in Bangladesh are not properly
monitored. It gives rise to the supply of manpower by many
agencies violating the laws and policies concerning the
prevention of human trafficking. In the absence of proper
monitoring, unlicensed and risky agencies are collecting people
from the root level with the help of social media during the
pandemic when people are more active online than ever.
● Bangladesh is located beside the Bay of Bengal, which is also
connected to the Gulf region and other South Asian countries.
The country is considered geographically advantaged for cross-
border human trafficking. Traffickers can easily use the sea route
to transport victims on boats within the country and also outside
the border.
● Many people are desperate to go abroad to get relieved of the
economic crisis exacerbated by the COVID-19 pandemic. On the
other hand, most countries have made legal transit and asylum
policies stricter than ever to combat the pandemic. This
situation has helped traffickers to mislead the people and
victimize them.
47 Jahirul Islam and Md Zahir Ahmed, ‘Recent Human Trafficking Crisis and Policy
Implementation in Bangladesh,’ The Journal for Social Advancement 3 (2018): 275-
291, available at file:///C:/Users/Rex%20Technology/Downloads/ Recent
HumanTraffickingCrisisandPolicyImplementationinBangladesh%20(1).pdf,last
accessed on January 10, 2021.
48 Dr. Sarasu Esther Thomas, ‘Responses to Human Trafficking in Bangladesh,
India, Nepal and Sri Lanka, Legal and Policy Review,’ United Nations Office on
Drugs and Crime (2011), available at https://www.unodc.org/
documents/human-
trafficking/2011/Responses_to_Human_Trafficking_in_Bangladesh_India_Ne
pal_and_Sri_Lanka.pdf, last accessed on December 27, 2020.
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● Lack of education among general people is another challenge to
combat human trafficking. Most rural parents are illiterate and
they are not concerned about their children’s education. They
want to keep them occupied so that they can earn money. This
situation helps flourish the business of human trafficking.
Further, the closure of schools and colleges for an indefinite
period due to COVID-19 has made students vulnerable to human
trafficking.49
5.4 Challenges regarding Partnership
● Partners in the private sector play a vital role in preventing,
identifying, and reporting human trafficking. Priorities have
been given on three pillars, such as prosecution, protection, and
prevention issues concerning human trafficking. However,
working in partnerships, especially with the private sector – the
fourth pillar – has remained less focused in Bangladesh.
● During the COVID-19 pandemic, improving partnership and
collaboration with NGOs and civil society in both the national
and international arena is badly needed to make anti-
trafficking efforts effective. However, Bangladesh is lagging to
engage itself in such a partnership.
5. Concluding Remarks
Human trafficking has been a tricky business of modern slavery and its
magnitude is spreading rapidly in overpopulated Bangladesh and
other parts of the world. The COVID-19 pandemic has dramatically
changed the world and made the situation more critical. When people
are dying, healthcare systems are failing, economies are drastically
shrinking, and the future is blinking in most parts of the world, one
global industry is resistant to the COVID-19 crisis. It is human
trafficking– that destroys families and communities, violates the rule of
law, and robs human dignity of millions. As part of different initiatives
to prevent human trafficking problem, the Government has enacted
49 Kat Fries, ‘10 Facts About Human Trafficking in Bangladesh,’ the Borgen Project,
October 19, 2019, available at https://borgenproject.org/10-facts-about-human-
trafficking-in-bangladesh/, last accessed on December 15, 2020.
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several laws; side by side national and international NGOs have also
approached and advocated several procedures. All their efforts are
insufficient to prevent human trafficking and protect the victims as is
evident from the increased number of reported trafficking cases and a
few cases collected from fieldwork.
The government has undertaken several praiseworthy initiatives, very
poor rates of conviction and delay in the prosecution process have
made those initiatives malfunctioning. In summary, Bangladesh is far
away from properly addressing human trafficking crimes. In these
circumstances, the current study suggests the following:
● To fight against the challenges concerning human trafficking, the
Government, NGOs, law enforcing agencies, judiciary, and media
should perform in an orchestrated manner with a view to the
proper execution of existing laws. Initiatives should be taken to
create mass awareness among general people concerning the
symptoms of human trafficking and its prevention. The cooperation
of international agencies is also essential to identify and dismantle
cross-border trafficking networks. Bangladesh embassies in
different countries should play a proactive role in human
trafficking issues.
● It is proved that the COVID-19 pandemic has increased people's
vulnerability to trafficking. The priority should be the eradication of
the root causes especially the economic triggers that drive people to
be victims of human trafficking. The government should play a
proactive role in the creation of sustainable employment
opportunities for the livelihood of people affected by this
pandemic.
● The government needs to strengthen monitoring mechanisms to
ensure that individuals involved in human trafficking are
apprehended and brought to justice irrespective of their position in
the socio-political ladder or financial muscle. Steps should be taken
to ensure the accountability of recruiting agencies and eliminate
high recruitment fees charged to workers by them.
● Along with short and medium-term planning, a long-term detailed
national strategy should urgently be formulated for the prevention of
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human trafficking. The strategy should be aligned with
internationally recognized pillars for combating human trafficking. It
should incorporate ways to increase public awareness; education
about trafficking; capacity-building for preventing and identifying
trafficking; protecting victims; and improving the criminal justice
system.
● Steps should be taken for efficient settlement of cases ensuring
justice. The judiciary should be stricter regarding the frequent
absence of witnesses during the trial and the law enforcing agencies
should not be allowed to avoid their responsibilities.
● Since human trafficking victims are huge in number, a separate
support and service center could be introduced for the victims and
survivors of human trafficking on an urgent basis. It would help
them regain control and independence. The center could be
equipped with a Hotline for easy access to the services and
supports.
● During the COVID-19 pandemic, emphasis should be given to
proper support to trafficking survivors, who require essential
medical and mental health services. One-stop services should be
extended to human trafficking victims, especially adult male
victims and victims exploited abroad. Allowing NGOs to provide
services to trafficking victims in government shelters may improve
the service quality.
● Formulation of the 2018-22 National Plan of Action and
establishment of anti-trafficking tribunals are not enough, full
implementation of the plan and proper functioning of the tribunal
is of utmost importance. Enhanced training for concerned officers
from law enforcing agencies, labor inspectors, and immigration
officers on human trafficking issues might be helpful in this regard.
Human trafficking crimes are among the most alarming issues in
Bangladesh, it is a matter of hope that the country has improved its
position to combat the crime and promoted itself from Tier 2 Watch
List to Tier 2. The majority of the persons working abroad are not
encountering human trafficking problems. Many of them are living
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happily, helping their families, and contributing to the foreign
currency reserve and economic growth of the country.
This study will help readers understand the condition of human
trafficking from Bangladesh’s perspective, especially cross-border
trafficking. It will help the government, NGOs, law-enforcing agencies,
judiciary, and civil society revisiting their respective roles. The study
findings might provide valuable pointers to academics and social
scientists and could be a valuable addition to the existing stock of
knowledge. Qualitative studies may be carried out by incorporating
the in-depth interview of human trafficking victims at home and
abroad.
