This document presents Bangladesh's National Plan of Action for Combating Human Trafficking from 2012-2014. The plan outlines the country's response to human trafficking, which is a significant problem in Bangladesh. It identifies key activities and responsibilities across five areas: prevention of trafficking, protection of victims, prosecution of traffickers, partnerships and cross-border cooperation, and monitoring and evaluation of progress. The overarching goals are to strengthen laws and justice systems to address trafficking through administrative and legal reforms, ensure support for victims, and facilitate international cooperation to combat trafficking.
Bangladesh's National Plan to Combat Human Trafficking 2012-2014
1. NATIONAL PLAN OF ACTION
FOR
COMBATING HUMAN TRAFFICKING
2012-2014
Ministry of Home Affairs
Government of the People's Republic of Bangladesh
<www.mha.gov.bd>
January 2012
2. TABLE OF CONTENTS
FOREWARD
Abbreviations and Acronyms
Executive Summery
1. INTRODUCTION
1.1 The Meaning of Human Trafficking
1.2 Human Trafficking Situation in Bangladesh & Responses
1.2.1 Progress Made in the Fight against Human Trafficking
1.2.2 The Human Trafficking Deterrence and Suppression Ordinance 2011: Salient Features &
Future Challenges
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7
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2. THE NATIONAL PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING 2012-2014
2.1 Basic Principles & Objectives
2.2 The Core Goals and Strategies
2.3 The Focal Ministries and Other Government Agencies & Implementing Organizations
2.4 Outlining Core Activities
2.4.1 Prevention of Human Trafficking
2.4.2 Protection of Trafficking Victims/Survivors
2.4.3 Prosecution of Human Trafficking Offences
2.4.4 Partnership, Participation, Co-ordination, and Mutual Legal Assistance
2.4.5 Implementation of the 2012 NPA (Monitoring, Evaluation & Reporting: ME&R)
2.5 How to Utilize the NPA 2012
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3. MATRIX OF THE PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING
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Bibliography
Annexes
1. The UN Recommended Principles on Human Rights and Human Trafficking 2002.
2. The Inter-Ministerial Committee against Human Trafficking & the NPA 2012 Drafting
Committee
3. List of National and District-level Consultation Workshops on the NPA & Their
Recommendations
4. Constitution of and the Rules Guiding the Counter-Trafficking Committees
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3. FOREWORD
Human trafficking is the illegal trade in human beings for the purpose of exploitation such as commercial
sexual exploitation, forced labour or forced prostitution. Bangladesh is generally a source country for
trafficking of men, women and children. A significant share of Bangladesh's trafficking victims are men
who are subjected to fraudulent recruitment for work overseas and are often subsequently exploited
under conditions of forced labour or debt-bondage. Women and children from Bangladesh are also
trafficked to other countries for commercial sexual exploitation or exploitation through labour.
The Government of Bangladesh has been making sincere efforts to combat all forms of trafficking in
persons, especially trafficking in women and children. The Government, working in partnership with
NGOs and IGOs/INGOs, has been implementing a series of anti-human-trafficking activities. The most
significant achievement from these efforts is the recently enacted comprehensive anti-trafficking
legislation - the Human Trafficking Deterrence and Suppression Ordinance 2011 (Ord. No. 2 of 2011). In
this context, the challenges that lie ahead for the government, civil society members and international
agencies working in this field are to translate the goals of this law into reality. To that end, a National
Action Plan outlining the responsibilities of different agencies with respect to planned activities would
provide a vital tool for combating human trafficking, both domestic and cross-border, in Bangladesh.
The earlier National Plan of Action 2008, which has just expired in 2011, focused on trafficking in women
and children. The current National Plan of Action for Combating Human Trafficking 2012-2014 intends to
cover all types of internal and cross-border human trafficking and seeks to address the weaknesses of
the previous NPA. The NPA 2012 also aspires to meet anti-trafficking international standards and
practices, including those developed in the South Asian region.
We hope that the NPA 2012 will usher in a renewed commitment to combat human trafficking and that
adequate actions will be undertaken to realize this commitment. I am grateful to the members of the NPA
Drafting Committee as well as to our development partners, NGOs and other related persons for their
great contributions towards formulating the NPA 2012.
Dr. Kamal Uddin Ahmed
Joint Secretary to the Government of Bangladesh and
Focal Person of the Inter-Ministerial Committee against Human Trafficking
Ministry of Home Affairs
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4. ABBREVIATIONS & ACRONYMS
ACD
AGO
BGB
BAIRA
BGMEA
BMET
BNWLA
BTRC
BTMC
CEDAW
CRC
CSR
CTCs
CWCS
DAM
DC
DEMO
DIP
DLAC
HT
IGA
IGO/IO
ILO
IOM
INGO
JATI
LEAs
M
MLA
ME& R
M&E
MoLE
MoA
MoE
MoEWOE
MoFA
MoF
MoHFW
MoHA
MoI
MoICT
MoLJPA
MoLGRDC
MoP
MoPME
MoRA
MoSW
MoWCA
MoCAT
MoFDM
MoYS
NATSPA
NLASO
Association for Community Development
Attorney-General’s Office
Bangladesh Border Guards
Bangladesh Association of International Recruiting Agencies
Bangladesh Garments Manufacturers and Exporters Association
Bureau of Manpower, Employment and Training
Bangladesh National Women Lawyers Association
Bangladesh Telecommunication Regulatory Commission
Bangladesh Textile Mills Corporation
Convention on the Elimination of All Forms of Discrimination Against
Women 1979
The United Nations Convention on the Rights of the Child 1989
Corporate Social Responsibility
Counter-Trafficking Committees
Centre for Women and Children Studies
Dhaka Ahsania Mission
Deputy Commissioner
District Employment and Manpower Office
Department of Immigration & Passport
District Legal Aid Committee.
Human Trafficking
Income Generating Activities
International Governmental Organizations
International Labor Organization
International Organization for Migration
International Non-Governmental Organization
Judicial Administrative Training Institute.
Law Enforcing Agency/Agencies
Months
Mutual Legal Assistance
Monitoring, Evaluation & Reporting
Monitoring and Evaluation
Ministry of Labor and Employment
Ministry of Agriculture
Ministry of Education
Ministry of Expatriates' Welfare & Overseas Employment
Ministry of Foreign Affairs
Ministry of Finance
Ministry of Health and Family Welfare
Ministry of Home Affairs
Ministry of Information
Ministry of Information & Communication Technology
Ministry of Law, Justice and Parliamentary Affairs
Ministry of Local Government, Rural Development & Cooperation
Ministry of Planning
Ministry of Primary and Mass Education
Ministry of Religious Affairs
Ministry of Social Welfare
Ministry of Women and Children Affairs
Ministry of Civil Aviation and Tourism
Ministry of Food and Disaster Management
Ministry of Youth and Sports
National Anti-Trafficking Strategic Plan for Action
National Legal Aid Services Organisation
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5. NLGI
NPA
NGO
OC
OCC
PHQ
PP
PPP
PS
SAARC
SP
SPP
RRRI
SOP
SoV
SRO
TMSS
TIP
TTC
UP
V&W
VAW
VoT
VSC
WI
Y
National Local-Government Institution
National Plan of Action
Non-Governmental Organization
Officer-in-Charge
One-stop Crisis Centre
Police Headquarters
Public Prosecutor
Public-Private Partnership
Police Station (Thana)
South Asian Association for Regional Cooperation
Superintendent of Police
Special Public Prosecutor
Rescue, Recovery, Repatriation and Integration
Standard Operating Procedure
Source of Verification
Statutory Rules and Order
Thengamara Mohila Sabuj Sangha
Trafficking in Persons
Teachers Training College/s
Union Parishad
Victims & Witnesses
Violence Against Women
Victims of Trafficking
Victim Support Centre/s
Winrock International
Year
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6. EXECUTIVE SUMMARY
Human trafficking is a fast-growing organized crime of clandestine nature that flagrantly breaches human
rights and the dignity of the persons trafficked. It takes place both within and beyond national boundaries
and encompasses sexual, labour, and other forms of exploitation. The complex dynamics underlying the
phenomenon of human trafficking have led to both international instruments and national legislation.
Bangladesh has long maintained domestic legal-administrative schemes of action, particularly against
trafficking in women and children. With the enactment of the new comprehensive anti-trafficking
legislation in 2011, the existing legal regime has ushered in a new dawn. Laws alone are, however, not
the solution to human trafficking. There have to be in place other continuing actions including the ones for
implementing the existing laws. The National Plan of Action (NPA) provides for a template in a single
document of such possible activities against human trafficking.
The National Plan of Action 2012-2014 for Combating Human Trafficking is an essential tool for defining
the responsibilities of key stakeholders in the fight against human trafficking in Bangladesh, both
internally and across borders. It adopts a holistic approach towards the problem of human trafficking, sets
realistic timeframes and outcome-indicators for each activity, and provides a results-bound coordination,
monitoring & evaluation system. The NPA 2012 draws upon both the experiences/achievements of the
previous NPA 2008 as well as international standards and expands the scope to include all forms of
human trafficking. It seeks to bring in innovations and undertake new challenges. In particular, the NPA
2012 has sought to design activities for the implementation of the recently enacted Human Trafficking
Deterrence and Suppression Ordinance 2011 that necessitates certain actions in order to effectively
suppress human trafficking and protect its victims.
There are five action-areas under the NPA 2012: prevention of human trafficking; holistic protection of
trafficking victims; prosecution of traffickers; partnership & cross-country legal assistance; and monitoring
& evaluation. The principal goals are to put in place administrative & legal/judicial measures to address
the crime of human trafficking, ensure justice for its victims, and create national, regional and international
platforms of actions to achieve these goals.
Following the executive summary, there is an introduction to the phenomenon of human trafficking and
Bangladesh's responses thereto. The second part of this document sets out the National Plan of Action,
beginning with an articulation of its basic principles and objectives and then outlining the core five
categories of actions planned. The third part of this document presents a matrix of the Action Plan
summarizing the activities and allocating the responsibilities for their implementation.
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7. NATIONAL PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING
1. Introduction
Trafficking of human beings is both a cause and consequence of the violation of human rights. Human
trafficking is not only a heinous and inhuman offence, it is also a phenomenon which undermines the
value, worth, and dignity of the persons trafficked. The cross-border crime of trafficking in human persons
has turned out to be a huge global problem affecting an astonishing number of men, women, and
children. The magnitude of the multifaceted crimes under the umbrella term of 'trafficking in persons',
which may be analogized with modern-day slavery, is alarming. The dynamics underlying the
phenomenon have drawn many nations together in the fight against human trafficking. A visible outcome
of the global initiative against human trafficking is not only the international and regional legal instruments
but also national legislative and administrative actions against it. The National Action Plan against human
trafficking of any given country portrays its commitment to the issue and provides a concrete and
comprehensive plan of action against human trafficking.
1.1 The Meaning of Human Trafficking
Human trafficking is a complex phenomenon, resulting from the involvement of diverse national and
transnational factors. Although trafficking in persons is often identified as a part of organized and/or
cross-border crime, it also occurs within national boundaries - called internal trafficking. Human
trafficking, whether internal or cross-border, is inextricably linked with forced, fraudulent or involuntary
migration/movement of people, and the end-object of this crime is sexual, labour, or other forms of
exploitation. As such, unsafe/irregular migration always runs the risk of human trafficking. Human
trafficking is, however, different from human smuggling, which involves international travel/movement and
in which the smuggled migrant is not forcibly held once he/she reaches the destination country.
In the present NPA 2012, the term 'human trafficking' is interchangeably used with 'trafficking in human
beings' or 'trafficking in persons', and it is used in the sense of the recent comprehensive anti-trafficking
legislation of 2011. The Human Trafficking Deterrence and Suppression Ordinance 2011 defines ‘human
trafficking” as:
"the selling, buying, recruitment, receipt, transportation, transfer, or harbouring of any
person
for the purpose of sexual-exploitation, labour-exploitation or any other form of
exploitation
whether in or outside of Bangladesh by means of (a) threat or use of force or other forms of coercion,
or (b) abduction, fraud or deception, or of the abuse of any person's socio-economic, environmental
or other types of vulnerability, or (c) of the giving or receiving of payments or benefits to achieve the
consent of a person having control over another person".1
The above definition of human trafficking covers both internal and cross-border human trafficking, and
trafficking of any human being and for any purpose. However, the offence of human trafficking consists of
the following three constitutive aspects:
-- (i) there has to be an act (the selling, buying, recruitment, receipt, transportation, transfer, or harbouring
of any person)
-- (ii) the act is done for exploitation2 (of that person) (sexual or labour exploitation or any other
exploitation) whether in or outside of Bangladesh
-- (iii) the act is accomplished through certain means such as force, abduction, fraud or deception, and
the like.
As an exception, in the case of trafficking of children the act of trafficking may occur without using the
means (abduction. coercion etc.) as described in element (iii) above.3
An unofficial translation of s. 3(1) of the Human Trafficking Deterrence and Suppression Ordinance 2011. This
definition is in line with the definition of human trafficking provided in the most significant international treaty on
human trafficking, the UN Anti‐Trafficking Protocol 2000 (art 3).
2 For the definition of exploitation see s.2 (15) of the Ordinance of 2011, ibid.
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8. In this regard, the terms 'victims' or 'survivors' should also be conceptualized here. The term 'victims',
which in some cases interchangeably used with 'survivors' in this NPA, means a person against whom the
offence of human trafficking (wholly or in part) has been committed and includes, where applicable, his or
her legal guardian or heirs/representatives. 'Survivors' means those victims who have survived the crime
of trafficking committed against them and hence been identified and rescued. Unlike the term 'victims', the
term 'survivors' does not include the legal guardians and legal heirs. This explains why both the terms
should in an appropriate case be used interchangeably.
1.2 Human Trafficking Situation in Bangladesh & Responses
Although chiefly a source country for human trafficking, Bangladesh in recent years has turned out to be a
country of both transit and destination.4 In recent times, alongside intra-country and cross-border
trafficking in women and children, trafficking of men for the purpose of 'labour-exploitation' has been on
the rise. In Bangladesh, a significant number of men are recruited for work overseas with fraudulent
employment promise that often later face exploitative and inhumane conditions of labour in the form of
forced labour or debt bondage.
The issue of trafficking is integrally linked to insecurity of livelihood as well as to continuing disparities and
discrimination against marginalized communities generally, and against women in particular. 'Many
trafficked persons are lured and deceived by false promises of good jobs or marriage and some are
bought, abducted, kidnapped, coerced, threatened with force or used as debt bondage. Some of these
women and children are trafficked with the tacit consent of their poverty-stricken families' (NPA 2008: 6)
. There are many factors that lead to the vulnerability of men, women and children to trafficking, such as
poverty, illiteracy, lack of awareness, unemployment, gender discrimination, domestic violence, lack of an
efficient criminal justice system to properly address the problem of trafficking, and natural calamities (see
NPA 2008). It goes without saying, therefore, in the absence of proper measures to address poverty,
unemployment and violence against women and of proper structures to facilitate lawful migration, the
aspiring people willing to migrate for a better life will continue to be vulnerable to trafficking.
Bangladesh has taken the problem of human trafficking seriously. The Constitution of Bangladesh
mandates the establishment of a society based on the rule of law, justice, and the respect for human
dignity and worth of all persons. The Constitution bans forced and bonded labour (art. 34), imposes a
duty on the state to prevent and suppress prostitution of human beings (art.), and guarantees a number of
fundamental human rights (see arts. 27-44). In plain terms, the Constitution provides for an obligation for
the state to prevent violation of human rights in any form, including in the form of human trafficking.
Apart from the constitutional basis, a number of statutes and policies together provide for the legal regime
against trafficking in human beings. The recently enacted statute Human Trafficking Deterrence and
Suppression Ordinance 20115 provides the most comprehensive legislative framework for the prevention
of trafficking, prosecution of traffickers and the treatment/protection of actual and potential victims of
human trafficking. Other major laws within the anti-trafficking legal regime include: the Emigration
Ordinance 1982,6 The Penal Code 1860, the Children Act 1974 (see, e.g., sections 42 & 44), the
Bangladesh Passport Order 1973,7 the Passports Act 1920, the Passport (Offences) Act 1952,8 and the
Bangladesh Labour Act 2006.
See s. 3(2) of the Ordinance of 2011, ibid.
Bangladesh may be called a destination country for women and men trafficked into this country from Myanmar
under the garb of ʹRuhingya refugeesʹ or for the purpose of ʹsendingʹ to third countries. ʺMany Rohingya refugees
from Burma transit through Bangladesh using unofficial methods, leaving them vulnerable to traffickers inside
Bangladesh and in destination countries.ʺ (TIP Report 2011).
5 Ordinance No. 2 of 2011 (with effect from December 21, 2011). See the Bangladesh Gazette, Extraordinary, dated
December 21, 2011, Wednesday, at pp. 15383‐15402.
6 Sections 20 & 21 criminalize the act of emigrating or attempting to emigrate unlawfully, and the act of fraudulently
inducing others to emigrate.
7 Criminalizes the travelling from Bangladesh without holding a valid passport/travel document.
8 Criminalizes (ss. 3 & 11) forgery, alteration, and tampering of passports.
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9. Aside from having established domestic legal and administrative schemes against human trafficking,
Bangladesh in practice works in partnership with non-governmental organizations and international
agencies, including the UN bodies, to combat human trafficking. Bangladesh has also made
commitments at the international level to combat human trafficking. Bangladesh participated in the First
World Congress against Commercial Sexual Exploitation of Children held in Stockholm in 1996 and the
Fourth World Conference on Women held in Beijing in 1995, and ratified a number of core human rights
treaties mentioned above. At the regional level, Bangladesh made its commitment to combat human
trafficking by joining the Third SAARC Ministerial meeting on Children held in Rawalpindi in 1996, which
culminated in state commitments to combat trafficking in children and assist victims of violence/
exploitation by evolving administrative, legal and rehabilitative measures.
Bangladesh has assumed specific obligations under certain international instruments to combat human
trafficking through legal, judicial, legislative and social measures. Particularly, Bangladesh has assumed
obligations to effectively prevent and prosecute the offence of trafficking in children and women under the
SAARC anti-trafficking Convention 2000 and certain other international instruments. For example, the
Convention on the Rights of the Child 1989 (CRC), which provides a legal framework to prevent children
from being trafficked and to protect them if they become victimized of trafficking, imposes on Bangladesh
as a ratifying country (ratified in 1990,) a specific duty to take appropriate measures 'to prevent the
abduction of, the sale of or traffic in children for any purpose or in any form ' (art. 35) and to combat the
illicit transfer and non-return of children abroad (art. 11). Under the two Protocols to the CRC, Bangladesh
has obligations to prevent the use of children in pornography, prostitution and armed conflict.9 On the
other hand, as a state ratifying the CEDAW 1979, Bangladesh has an obligation to "take all appropriate
measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of
women" (art. 6). Other treaties providing for ancillary obligations regarding human trafficking which
Bangladesh has ratified/acceded include:
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•
•
•
the Convention for the Suppression of the Trafficked in Persons and of the Exploitation of the
Prostitution of Others, 1949;
the Supplementary Convention on the Abolition of Slavery, Slave Trade and Institutions and
Practices Similar to Slavery 1956;
the ILO Convention (No. 182) on the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour 1999; and
the ILO Forced Labour Convention (No. 29) on Forced or Compulsory Labour 1930.10
Also, Bangladesh stands informed of the imperative of globally-agreed standards provided in the principal
anti-human-trafficking international instrument - the UN Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children 2000 (known as Palermo Protocol).11
However, despite making considerable progress in combating human trafficking, Bangladesh still falls
behind in providing proper access to justice to the survivors of trafficking as well as in effectively
prosecuting and convicting the perpetrators of trafficking. Given this scenario, the government has
increased and tightened its actions and programmes against human trafficking and a comprehensive antitrafficking law has recently been enacted. Since 2002, a National Plan of Action against human trafficking
has been in operation on a periodical basis. Currently, the Ministry of Home Affairs has been in the lead
role of coordinating anti-trafficking activities. Other relevant ministries are also actively engaged in antitrafficking actions/programmes and are extending their all-out cooperation to the Ministry of Home Affairs.
See the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution
and Child Pornography, 2000; the Optional Protocol to the Convention on the Rights of the Child on the Involvement
of Children in Armed Conflict 2000.
10 It (art 1) provides that each ratifying State (Bangladesh acceded on 26 June 1972) undertakes to suppress the use of
forced or compulsory labour in all its forms.
11 Bangladesh is currently considering joining to this treaty. The Protocol is a part of the UN Convention Against
Transnational Organized Crime which Bangladesh has ratified.
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10. 1.2.1 Progress Made in the Fight against Human Trafficking
The government of Bangladesh has been implementing a series of activities to combat trafficking. As a
result of effectiveness of all committees and the motivational, preventive and awareness-building
activities against human trafficking, Bangladesh has achieved a commendable success in combating
trafficking in the years 2008-11, the successes which are indeed based on earlier successes.
A major anti-trafficking initiative by the government is the drafting of the new anti-trafficking statute which
has just recently culminated in the Human Trafficking Deterrence and Suppression Ordinance 2011, an
overview of which follows here in below. Earlier, the Domestic Violence (Protection and Prevention) Act
2010 to address the problem of violence against women was enacted.
Notably, the Government has in the meantime ratified on 13 July 2011 the UN Convention against
Transnational Organized Crime 2000. Bangladesh has also recently ratified another ancillary international
instrument namely, the UN Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families 1990. Ratification of this Convention is sure to have a positive impact on
Bangladesh's efforts to prevent and combat human trafficking. Further, the process for the ratification of
the most notable anti-trafficking instrument, the UN Protocol to Prevent, Suppress and Punish Trafficking
in Persons 2000 (Palermo Protocol) is currently underway.
The Government has also adopted three major national polices - the Policy for the Advancement of
Women 2011, the Child Labour Elimination Policy 2010 and the Child Rights Policy 2011 - which would
have strong impact on anti-trafficking measures generally. Specially, Women Policy 2011 and the Child
Rights Policy 2011 categorically spell out the government's commitment to eradicate trafficking in women
and children.
Other noteworthy anti-trafficking initiatives/achievements of the Government and other implementing
partners12 are:
Setting up of National and District Committees
Anti-trafficking activities in Bangladesh have received a major boost with the formation of an interministerial committee at national level headed by the Secretary of the Ministry of Home Affairs and
committees in each District headed by Deputy Commissioners to monitor the matter at district levels.
Also, there are anti-trafficking committees at the Upazilla and Union levels.
Setting up of Monitoring Cells
Another major device was the setting up of a monitoring cell at the Police Headquarters (and in each
District) to monitor anti-trafficking actions specially the prosecution of human trafficking. Initially, the Cell
focused on trafficking in women and children, and now, its terms of reference includes measures against
all forms of human trafficking including the prevention of trafficking, rescue and rehabilitation of trafficked
persons and day-to-day development of the criminal cases related to human trafficking.
Continued awareness-raising programmes
Awareness raising activities at national and district levels; and a series of specialist trainings imparted to
government officials, police officials (including investigators and immigration officers), lawyers, judges,
social service officials, and public prosecutors.
Taskforce for RRRI of Trafficked Women and Children
A Taskforce for the rescue, recovery, repatriation and reintegration of specially children and women
victims/survivors of trafficking is established at the MoHA. The initial remit of the Taskforce to work for the
rescue, recovery, repatriation, and integration of child victims of trafficking is currently extended to cover
victims of all types of human trafficking.
The non‐governmental organizations & International Government Organisations who are at the forefront of anti‐
trafficking activities include: ACD, BNWLA, CWCS, Dhaka Ahsania Mission, Khan Foundation, Narigrantha
Probortana, Rights Jessore, Winrock International, IOM & UNICEF (see the Country Report 2010).
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11. SOP for Repatriation of Trafficked Child Victims between Bangladesh and India
The MoHA and the UNICEF has jointly developed a Standard Operational Procedure (SOP) to be
followed by law enforcing agencies, development practitioners or rights activists receiving and sending
the child victim. This SOP provides for 8 types of form which are to be used in the identification of child
victims, and their rescue, repatriation and integration. Broadly, the SOP provides for normative and
practical framework for the for the identification and rescue of victims, for the entry of data regarding their
particulars, for placement of victims and the collection of information, for sharing of information among the
taskforces, administrative processes, permission for repatriation, physical repatriation itself, and the
reception of the repatriated of the victim. Also, a website has been designed and put in place for the
activities of the RRRI Taskforce.
Reporting Trafficking Situation Annually
Every year, a country report on combating human trafficking is prepared and published by the MOHA,
which details actions by the govt. and non-government and intergovernmental implementing
Organisations on the prevention of human trafficking and the protection of its victims, including the
successes made so far.
Vigilant Task Force at the MoEWOE
This Taskforce was established to monitor the activities of recruiting agencies so that irregular/fraudulent
recruitments for overseas employment may be stopped. This institutional device is expected to check and
reduce human trafficking for labour under the garb of migration.
Legal Reforms
A number of efforts for the reform of legal framework are currently underway. The MoEWOE is currently
revising the Emigration Ordinance 1982 to make it more effective against fraudulent/criminal recruitment
of people for the purpose of labour. MOHA is also currently working to revise the laws relating to
immigration into Bangladesh. These legal interventions are expected to further consolidate the legal tools
available in the fight against trafficking.
Increased Prosecution/Convictions and a Criminal Database
During the past year(s) the number of arrests, prosecution, and conviction of traffickers has increased.
This may be attributed, among other factors, to the consistent monitoring of the progress of most serious
criminal cases of trafficking. Also, a criminal database has been developed by the Police Authority which
is based on integrated software with information about crimes, prosecution, and criminals and with
additional information on trafficked victims.
SOP for the Investigation of Crimes
An SOP (Standard Operating Procedure) for the investigation of trafficking cases has been put into effect.
The SOP is expected to help the investigators effectively to investigate crimes.
Conclusion of Bi-lateral Agreements
Bangladesh has recently entered into Agreements with India with a view to providing mutual legal
assistance in criminal matters and to combat organized crime and trafficking in drugs. Specifically
speaking, the Government of Bangladesh has concluded the following agreements with India: (i) The
Agreement for Mutual Legal Assistance in Criminal Matters; (ii) Agreement Between the Government of
Bangladesh and the Government of India for Combating Terrorism, Transnational Organized Crimes, and
Illegal Drugs Trafficking; and (iii) Agreement for the Transfer of Sentenced Persons (Except those
convicted with capital punishment). Needless to say, human trafficking is one of the most heinous types
of organized crime and, therefore, these pacts, particularly the first two pacts, will facilitate cooperation
between Bangladesh and India for combating human trafficking.
1.2.2 The Human Trafficking Deterrence and Suppression Ordinance 2011: Salient Features and
Future Challenges
One major particular gap in the existing domestic laws of Bangladesh that weakened the effectiveness of
anti-trafficking legal framework was the absence of legal provisions against all forms of human trafficking,
that means, a broad definition of human trafficking inclusive of trafficking in men, women & children alike
11
12. and of any type of exploitation as the purpose of trafficking. Another notable loophole was that, under no
law human trafficking was seen as a cross-border organized crime and as such the procedures for the
investigation of cross-border trafficking offences were largely missing. Also, in the Bangladeshi legal
system, the victims of trafficking are not adequately treated and protected. Bangladesh's trafficking
victims are often treated as criminals abroad and, regrettably, sometimes even in Bangladesh. Until
recently, there were no bilateral assistance agreement on the issue of human trafficking, nor did any
statute mandate the conclusion of such inter-country or regional pacts.
In the context of this state of affairs, the Ministry of Home Affairs (MOHA) undertook the initiative of
removing these long-standing gaps in the existing legal framework that impeded the efforts to effectively
combat all forms of human trafficking. The Ministry, with technical assistance of IOM, drafted a
comprehensive anti-trafficking statute which, in consideration of urgency of having a viable legal tool, has
been promulgated as an Ordinance in December 2011.
The Human Trafficking Deterrence and Suppression Ordinance 2011 has been the most spectacular
achievement of the ongoing anti-trafficking moves and actions by the government and other implementing
partners. This is a rights-based legislation, placing the concerns for the trafficking victims at the core of its
functional fold.
The Ordinance has ushered in a new dawn in the existing legal framework against human trafficking in
that it criminalises all forms of human trafficking and both internal and transnational human trafficking.13 It
provides for the deterrence of the heinous crime of trafficking mainly through providing for effective
prosecution of the offence and a protective regime for safeguarding and rehabilitating the victims. This is
the first law in Bangladesh and, to some extent, also in South Asia, to include labour trafficking, i.e.,
trafficking in persons for the purpose of exploitation through labour. The law, however, strikes the balance
between migration for development and the need for controlling trafficking under the guise of migration.
The new statute provides for accountability of the government14 and non-public organizations that would
be undertaking activities under the law. The statute lays down for private public partnership for its
implementation and sets out a number of principles. For example, it mandates that all actions should be
taken on a non-discriminatory basis, and that the human rights and dignity of all should be honoured and
preserved by the concerned actors, with special provision for the care of particularly women, children and
persons who lack adequate working capacity.
The most noteworthy aspects or the salient features of this comprehensive anti-trafficking statute are
shown in the following table as against the challenges/activities which the implementers and law-enforces
should face and undertake.
Salient features of the Ordinance 2011
Reference
Implementation challenges/modalities
It provides an inclusive and specific definition of human
trafficking, meaning trafficking of men, women, or
children and for the purpose of any exploitation
s. 3 (read
with
s.
2(15)
To make this definition known widely
specially to LEAs, and to build more
cases/prosecutions
It provides for stern punishment for the trafficking
offence (death penalty when the offence is in the form
of organised crime and imprisonment for life in case of
other types of the crime); provides for ancillary offences
(to stop demand side of HT)
ss. 6 & 7.
To make these provisions known widely
specially to judges, LEAs, & prosecutors
It provides for the extra-territorial application of the law
when the victims or the perpetrators are Bangladeshi
nationals; trafficking offences as an extraditable offence
s. 5
To make these provisions known widely to
judges, LEAs, & PPs & Bangladeshi foreign
missions; to conclude extradition pacts with
relevant countries (esp. of the South Asian
and Middle-East regions).
A specialist Tribunal for the prompt trial of trafficking
ss. 21-22,
To establish independent tribunals as soon
13 It has repealed and reenacted certain old laws namely sections 5 and 6 of the NSND Ain 2000 and the Suppression
of Immoral Traffic Act 1933.
14 For example, by encompassing the possibility of damages (compensation) for abuses of public power.
12
13. offence/s (with wide powers, e.g., to record evidence
beyond the court premises, to award civil compensation
in addition to fines, to issue any protective measure,
issue control order while granting bail to the accused,
and to admit as evidence electronically held
materials/witness statements including those obtained
in a foreign country
27-30
as may be, to issue practical instruction to
judges, to train the judges on this law,
especially on the use of electronically held
evidence, or using video-conferencing.
A package of protective measures mandated for the
protection of victims & survivors: identification of
victims, rescue, repatriation, rehabilitation,
reintegration, (there are now provisions for measures
for the establishment of more protective homes, for
reimbursement of the reasonable costs incurred by the
victims/witnesses, and for legal aid/court-ordered
compensation & strict adherence to privacy and dignity
of the victims including protection against revictimisation & the victim's right to information)
ss. 32-40
To make these provisions known widely to
govt. departments, foreign missions, and
NGOs and IGOs, and others, to establish
SOPs for these purposes; and establish new
protective homes and enforce the conditions
of standard in the existing ones.
s. 27
To make these provisions known widely
specially to the Judges/PPs/ police officials
and foreign missions abroad.
It provides for freezing and confiscating the assets of
individuals/legal persons involved in trafficking, laying
down that such assets seized shall be transferred to
the FUND for the use in supporting the victims of
trafficking
To encourage the tribunal-judges to award
fines to the criminals and to seize the assets
used in the crime.
Police is provided with wide power of (time-lined)
investigation. Police can initiate preventive
searches/inquiry, and can go abroad for the purpose of
investigation
ss. 19-20
To make these provisions known widely
specially to the police officials/investigators;
AND to set out a mechanism for carrying out
cross-border investigation.
It provides for the creation of a central Anti-Trafficking
Fund
s. 42
A FUND has to be established at the MoHA
immediately (the process of CSR by
businesses may be utilized for the initiation)
Provides for: international cooperation, the conclusion
of bi-lateral mutual legal assistance, & public-private
partnerships in the areas of prosecution of traffickers
and protection/RRRI of victims
ss. 32, 41
To build regional, national, and international
platform of cooperation, to conclude bilateral
treaties, and also to set out a PROCEUDRE
for RRRI
Mandates special protection to women, children and
persons who lack adequate working capacity
ss. 25, 26,
20, 32, 38
New institutions created or internalized (recognized)
ss. 19, 21,
43, 46
The already existing monitoring cell at the
Police HQs recognised, the remit of which
should now be extended to train the
investigators/police officers and undertake
other measures. Also, the CTCs may be
assigned tasks under this new law.
RULES have to be framed and issued to give
effect fully to the Ordinance (e. g., to
establish an Anti-Trafficking Authority or the
FUND)
2. THE NATIONAL PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING 2012-2014
The Government of Bangladesh, principally to meet up its obligations under the CRC, prepared the
National Plan of Action against Sexual Abuse and Exploitation of Children, including Trafficking in 2002.
This 2002 instrument was to remain in force for 5 years, and was adopted at the initiation of the MoWCA,
was a significant step forward towards combating human trafficking, although the focus of that Plan was
solely on the prevention of trafficking in children for sexual exploitation. Having noted this success, it
13
14. should also be admitted that the said NPA 2002 could attain only limited successes, due mainly to the
non-implementation of many of its activities.
A full-fledged NPA to combat trafficking in women and children came into existence in 2008. The antitrafficking NPA 2008 (against trafficking in women and children) was a medium term Plan for three years,
August 2008-August 2011. From the perspective of coverage, a major limitation of the NPA 2008 has
been that it did not include trafficking of adult male persons within its catchment and did not prescribe a
system of monitoring, evaluating and reporting the activities thereunder. Apart from the purpose of
overcoming the limitations in the previous NPA, the lapse of the term of the NPA 2008, the enactment of
the comprehensive anti-trafficking Ordinance 2011 and developments in this field at the international level
also render inevitable the adoption of a new plan of action to combat all forms of human trafficking.
The National Inter-Ministerial Committee for Combating Human trafficking (placed at the Ministry of Home
Affairs: see Annex 2) decided on March 22, 2011 in the 63rd meeting to formulate the National Plan of
Action on human trafficking for the years 2012-2014 and constituted a 5-member committee to oversee
its drafting process (annex 2). A national consultant was appointed to qualitatively review the 2008 NPA
and assess the progress/success of activities thereunder and to draft the NPA 2012 in light of the past
experiences. In order to evaluate the experiences of the field-level stakeholders/implementers and also of
the anti-trafficking committees at the grass-root levels, the member-Organisations of the NPA 2012
Drafting Committee arranged for a series of consultative workshops (13 in total) at several Districts with a
view to identifying the strengths and weaknesses of the NPA 2008. In the same vein, a national and
centralized consultation was held on 29 September 2011 in Dhaka at the initiation of MoHA and Winrock
International. The ultimate objective of these District-level and national consultations was to share on
challenges for implementation of activities that would be planned under the NPA 2012. This Plan thus
follows on from the said public consultation process which took place in late 2010. Fourteen (14)
submissions were received from several consultations which were carefully considered when drawing up
this Plan (see Annex 3).15 During the short period of drafting the NPA 2012, members of the Committee
interacted and made suggestions towards having an implementable NPA. A draft of the NPA 2012 was
circulated amongst the Committee members and other stakeholders and experts, which was later finally
reviewed and edited by the Committee.
Overall, the present NPA 2012 seeks to provide a consolidated framework for the national responses to
the problem of internal and cross-border human trafficking in Bangladesh. Building on the previous action
plans and other related policies such as the Policy for the Advancement of Women as well as on
international standards in this field, this NPA identifies a number of activities to be undertaken within the
timeline drawn in order to achieve its goals, and specifies the role of different ministries and organizations
in implementing these activities, with scope for inter-agency and inter-actors coordination and a
centralized system of monitoring, reporting and evaluation.
To mention particularly, the NPA 2012 has assumed the task of translating into reality the Human
Trafficking Deterrence and Suppression Ordinance 2011 (Ord. No. 2 of 2011) that requires both
government agencies and non-state actors to undertake certain actions to effectively suppress human
trafficking and protect the victims & survivors.
2.1 Basic Principles and Objectives
Keeping in mind the human rights implications of the crime of human trafficking (see annex 1), the NPA
2012-14 for combating human trafficking is based on the following:
GUIDING PRINCIPLES
•
•
•
No discrimination against any one based on sex, religion, caste, education, political ideology, and
wealth;
Government responsibility and ownership;
Justice for the victims of human trafficking;
The evaluation of the quality and working of the earlier NPA 2008 resultant in a report which is published by the
Winrock International on behalf of the MoHA.
15
14
15. •
•
•
•
•
•
Protection of the best interests of the child victims16 and respect for human dignity of all during
the rehabilitation, rescue & criminal justice processes (protection of victims from revictimization/harassment);
Civil Society Participation (or, PPP: public-private partnership);
Participation of the local-level people & local government institutions;
Interdisciplinary coordination or cross-section responsibilities shared amongst government
agencies per se and between the government agencies, IOs, & NGOs;
Conformity with other relevant policies of the Government; and
Bangladesh's solidarity with the international community and efforts.
The principal objectives of the NPA 2012 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.
Moreover, the present Action Plan aims to:
1. Prevent and prosecute the offences of human trafficking;
2. Ensure justice for the victims of trafficking through a comprehensive protective regime through
state interventions and social actions, including measures for their rescue, recovery from the
physical/psychosocial trauma, repatriation, rehabilitation and re-integration into families and
society;
3. Develop an integrated information system comprising information about the traffickers, trafficked
victims; state/social interventions & other ancillary issues;
4. Put in place a system of co-ordination and co-operation at the state and non-government
organizations levels, both at home and abroad, with a view to effectively combating human
trafficking;
5. Create responsibility for monitoring and reporting NPA activities, and to make aware all
stakeholders & counter-trafficking committees about their responsibility to promote the
implementation of the laws and the NPA 2012.
2.2 The Core Goals and Strategies
The main goals which the NPA 2012 for Combating Human Trafficking has set out, and under which
activities will be undertaken are:
1
Prevention of Human Trafficking, Awareness and Mobilization;
2
Protection of Trafficking Victims/Survivors;
3
Prosecution of Human Trafficking Offences;
4
Development of Partnership, Participation, Co-ordination, & Cross-country Mutual Legal
Assistance;
5
Development of a Monitoring, Evaluation and Reporting System.
This is to note that, the principle of best interest of the child has been clearly recognised in the recently enacted anti‐
trafficking law ‐ the Human Trafficking Deterrence and Suppression Ordinance 2011. For example, its s. 2 provides
that when a child has been the victim of trafficking, the prosecutors will not have to prove the exercise by the
offender of force or threat.
16
15
16. The NPA 2012-14 proposes to prosecute the above goals through following strategies:
Strategies for Goal 1
- Mobilize and aware people against HT and better coordination in awareness campaigns established for
more effectiveness;
- Messages disseminated in awareness action follow the definition as per law;
- Prevention campaigns bring information on safe migration to reduce illegal/unsafe migration and hence
the risk of human trafficking;
- Livelihood support programs introduced for people most at risk as a prevention strategy.
Strategies for Goal 2
- Protective measures initiated, expanded, strengthened and monitored (including the role of Bangladesh
Missions in foreign countries);
- Survivors of all forms of human trafficking as per law definition served;
- Sustainable reintegration for the victims initiated since their rescue and introduce/operational national
victim identification, referral and reintegration systems;
- National standards for care of survivors developed, implemented and monitored;
- Services provided to eliminate the stigmatization of the family and community stigmas;
- Fully implement the existing law that aims at protecting the victims.
Strategies for Goal 3
- Implementation of existing provisions of law;
- Ensuring prompt and effective trial;
- Capacity of the LEAs and Public Prosecutors enhanced;
- New Victims and Witness Protection Law (Protocol/Schemes) enacted/launched;
- CTCs strengthened, coordinated and active.
Strategies for Goal 4
-Coordination established among implementing agencies and good information sharing system
developed;
- Dialogue with main destination countries developed and agreements signed for enhanced RRRI process
and improved care for survivors in destination countries.
Strategies for Goal 5
- Implementation Committee made efficient in monitoring implementation of NPA;
- Baseline surveys and mid-term and final evaluation reports conducted and findings disseminated for a
transparent and accountable system.
2.3 The Focal Ministries and Other Government Agencies & Implementing Organizations
For the implementation of the present NPA 2012, the focal/lead Ministry shall be the Ministry of Home
Affairs. Because of the existence of cross-cutting issues in the NPA 2012, however, it is impracticable
that a single ministry will discharge all responsibilities. As such, the MoWCA, MoEWOE, and MoFA shall
also be the leading Ministries for the purpose of implementation. It may be noted that, assigning only one
Ministry as the lead agency may lead to a sense of 'no-responsibility' amongst other agencies.
A particular difficulty in designing any NPA is to allocate properly the responsibilities amongst various
agencies and stakeholders. Too many agencies with duties overlapping may deter the effective
implementation of the NPA. On the other hand, exclusion of any vital agency may too have a negative
impact on its success.
For the NPA 2012, Apart from the MoHA, MoWCA, MoEWOE and MoFA, the following ministries,
government agencies, local organizations/bodies, NGOs, and international development partners are
either given responsibility or may be urged to undertake responsibility:
Ministry of Information; Ministry of Religious Affairs; Police, BGB, Bangladesh Ansar, Coast Guard;
MoHFW; MoSW; Ministry of Local Government, MoCAT; Ministry of Education; Ministry of Youth and
Sports; MoLE; The Attorney-General’s Office, JATI; Law Commission, and all Bangladesh Missions
abroad; Ministry of Food and Disaster Management (MoF&DM); Ministry of Environment; Ministry of
16
17. Cultural Affairs & Ministry of Information (MoI); Bangladesh Shishu Academy; NGO Bureau; Bangladesh
Bar Council; Human Rights Commission, Right to Information Commission, Bangladesh Bank (moneylaundering Unit ); BMET; Local Government Training Academy; AND
IOM, ILO, UNDP, UNICEF, & UN Women, Institute of Labour Studies; BAIRA, BRAC; Micro-credit
Regulatory Authority; Grameen Bank; Association of Mobile Phone Operators; Association of Bankers;
BGMEA; BTMC; BKMEA; National Press Club, BNWLA, CWCS, ACD, TMSS, Rights Jessore, and
Winrock International
2.4 Outlining Core Activities
2.4.1 Prevention of Human Trafficking, Awareness and Mobilization
At the core of all activities planned for the purpose of combating human trafficking are actions aimed at
preventing trafficking. All preventive activities/strategies shall address the demands as a root cause of
human trafficking. Thus, all responsible agencies and implementing partners shall ensure that their
interventions address the factors that increase vulnerability to trafficking including, for example, inequality
and poverty. The agencies that will work for the elimination of trafficking in women and children should
necessarily prioritize programs to combat sexual abuse and exploitation of women and children,
especially girl children, and to prevent violence and discrimination against women and children, to prevent
early marriage and marriage with dower, and generate livelihood options, and to expand informal
education, media-activity and other outreach programmes to more effectively inform and educate the
people, especially the most vulnerable groups, about the dangers, causes, and consequences of
trafficking
The following preventive activities, among others, shall be undertaken:
•
•
•
•
•
•
•
•
•
•
•
•
•
Mobilize and make the general public and most-vulnerable people aware about causes and
consequences of human trafficking;
Develop Campaign-brochure with information on NPA and new HT Ordinance 2011 to be
distributed to every govt. agencies responsible;
Develop and disseminate awareness material written in Bengali (printed/electronic) in line with
the definition of HT as per the new law, and providing information on effects of HT and safe
migration;
Develop a comprehensive database in order to coordinate activities, and share information on
awareness initiatives among different agencies, in different districts and between local and central
level;
Strengthen and develop community prevention systems through capacity building programmes
such as: Counter-trafficking committees, youth groups anti trafficking safety nets and key
informants systems;
Introduce HT and safe migration issue in secondary schools/madrasa curriculum;
Train teachers, headmasters and school/college/university students on HT and safe migration
Train media personnel, CTC-members, on HT and safe migration;
Train local govt. officials, teachers in TTCs, BMET & DEMO officials, & LEAs, on HT and safe
migration;
Facilitate access to livelihood options (access to labor market/ microcredit/agricultural
products/services) programmes for people most at-risk and to support education of children of
people most at-risk;
Monitor CTC and DEMO & District Welfare Desks' activities and develop coordination among
them;
Organize awareness programs
on HT and safe migration both in urban and rural
areas(seminars, dramas, short-films courtyard meetings, rallies publishing bill boards, etc) (issues
to be covered: dowry/early marriage & violence against Women & Children as causes of HT);
To develop a syllabus for a course (or a module to insert into any existing course) on HT and
Migration and introduce in universities.
17
18. Expected results for Goal 1:
1. People of different age-groups and social background are aware on causes, consequences of human
trafficking according to the definition of the new anti-Human-Trafficking Ordinance 2011 and are aware of
ways of safe migration, within and outside the country
2. People most at-risk (single women with children, adolescent girls, ultra-poor living in disaster prone
areas, or/and suffering/backward minority groups) have increased access to livelihood options
3. Counter-trafficking Committees at all level and District Welfare Desks are active and coordinated
among themselves and from local to national level
2.4.2 Protection of Trafficking Victims/Survivors
The activities towards the protection and ensuring of justice for the victims shall include identification,
rescue, repatriation, rehabilitation, psycho-legal assistance, and social/familial integration. Protective
measures should adopt a rights-based approach and aim at increasing victims' empowerment and
broadening their access to justice. While undertaking protective measures, the Government agencies
shall ensure that trafficked persons are protected from further exploitation and harm and have
unconditional access to adequate physical and psychological care. The government agencies/and others
shall also endeavor to ensure that trafficked persons are not detained, charged or prosecuted in countries
of transit and destination.
The following preventive activities, among others, shall be undertaken:
•
•
•
•
•
•
•
•
•
•
•
•
•
Introduce and implement national victim identification, rescue, referral and reintegration system,
(including post-rescue monitoring) through a SOP;
Develop/Put into effect a national guideline/policy of Minimum Standard Care and Exit Strategy
Process for the Survivors;
Develop a module for Professional Counseling esp. to the survivors and introduce in trainings of
survivors/service-providers;
Widen and institutionalize the existing RRRI programme ;
Develop/Strengthen a network of NGOs/GOs working on identification, rescue, repatriation &
integration of victims;
Develop an online alert system at the airport/exit/border points to track migration of people
(workers/people going for work) from Bangladesh;
Designate and train a focal person at MOFA with a special desk on anti-trafficking actions;
Incorporate the issue of trafficking in the govt. repatriation procedure;
Establish Witness Protection /Support Program/Unit in every Police stations, District (office of the
DC);
Earmark a fund under the District Legal Aid Committee (with easy allocation/disbursement
process);
Standardize shelter homes/ VSCs/OCC and increase the number of these protective institutions
(with better services of counseling, legal/educational/livelihood support and reintegration support)
Establish transit- homes in destination countries;
Train labour attachés and selected foreign mission officials on HT and safe migration.
Expected Results for Goal 2:
1. National minimum standards to provide assistance to victims/survivors of trafficking developed,
implemented and monitored
2. RRRI System between India/other countries and Bangladesh developed and operational
3. Protection of and support to victims for safe rescue, legal aid, effective rehabilitation and sustainable
reintegration into society and families ensured
2.4.3 Prosecution of Human Trafficking Offences
For the purpose of prosecuting and punishing the perpetrators of human trafficking, the relevant
government agencies shall effectively investigate, prosecute and adjudicate human trafficking offences,
whether committed by organized criminals or by governmental/non-State actors. A strong coordination
among several agencies of the criminal justice system has to be maintained and the divergent capacity of
the actors has to be enhanced.
18
19. The relevant agencies shall also ensure that trafficked persons are given access to effective and
appropriate legal remedies.
To achieve the above goal, among others, the following activities shall be undertaken:
•
•
•
•
•
•
•
•
•
Set up special tribunals according to the new anti-trafficking statute;
Monitor the prosecution of trafficking cases under the new legislation;
Sign agreements on MLA and ratify international conventions;
Dialogue for a regional Taskforce (or bilateral) on Organized Crimes including HT (or bi-lateral
arrangements with India or/and Myanmar);
Train LEAs, PPs/lawyers, & Judges on HT and migration including the operational laws to
prosecute/investigate/adjudicate trafficking cases, AND especially on the women-and-child
friendly approach at every stage of prosecution;
Train BMET, DEMO officials, Local Arbitrators on prosecution of Human trafficking and referral
mechanism & proper arbitration;
Provide legal aid to victims;
Designate and train one V & W Protection Officials in every police station;
Issue three Practical Instructions on what-to-do under the H.T. Ordinance 2011 each for the
Judges, Police and Public Prosecutors.
Expected results for Goal 3:
1. H.T. Ordinance 2011 implemented
2. Capacities of the law-enforcers and other actors of criminal justice for the purpose of effective
prosecution of HT offences enhanced
3. Improved and further facilitate access to justice for the victims /survivors
2.4.4 Partnership, Participation, Co-ordination, and Mutual Legal Assistance
In order to achieve the above goal, following activities shall be undertaken:
•
•
•
•
Initiate Dialogue for the establishment of a M&E desk at the SAARC Secretariat;17
Put in place a CSR scheme and encourage more projects on a PPP-basis in order to support
victims' rehabilitation and reintegration and to strengthen awareness campaign;
Establish a national anti-trafficking FUND as mandated in the new anti-trafficking Ordinance 2011
for the effective implementation of the laws, policies and the NPA;
Strengthen the GOs-NGOs regional platform on HT on standardization of RRRI process and
information sharing.
Expected results for Goal 4:
1. Improved efficiency at regional level to prevent and combat HT and protect its victims more effectively
2. Network of actors/platform domestically, a corporate social responsibility scheme established, and
more actions on a private-public partnership basis
2.4.5 Implementation of the 2012 NPA (Monitoring, Evaluation & Reporting: ME&R)
In addition to the general function of monitoring and evaluating the activities under the current NPA 2012,
the following activities should be specifically undertaken:
•
•
•
Conduct baseline survey on HT scenario in Bangladesh;
Coordinate with the Taskforce and monitoring cell at the MoEWOE (for increased or new
actions/initiatives);
Conduct mid-term (June 2013) and end-of-the-term (2014) implementation survey on HT scenario
in Bangladesh.
Nepalʹs latest NPA has a similar activity/target. Sri Lanka, too, has a similar type of planning. Also, the plan of
expanding the SAARC anti‐trafficking convention is being actively considered.
17
19
20. Expected result for Goal 5:
The Anti-HT Ordinance 2011 and the NPA 2012 (Anti-HT actions/measures) implemented, monitored and
evaluated
Guiding Notes on Implementation of the NPA 2012
A. The lead Ministry charged with the implementation of the NPA 2012 will be the Ministry of Home
Affairs and the second lead ministries will be jointly the Ministry of Women and Children Affairs,
the Ministry of Expatriates' Welfare, and the Ministry of Foreign Affairs.
B. It shall be a duty of the MoHA to well publicize this document and to widely disseminate the
contents of and duties under the NPA through various activities. Specially, the NPA 2012 shall be
immediately sent to all stakeholders and to all the members of CTCs with a call for action. The
MoHA shall prepare a list of priority actions that are mandated by the Human Trafficking
Deterrence and Suppression Ordinance 2011, and shall call upon the relevant actor to adjust
those, if needed, with the actions planned by the NPA 2012.
C. The existing Inter-Ministerial Anti-Trafficking Committee may be called the National Committee
against Human Trafficking and placed under the MoHA. It is proposed that a small-sized subcommittee be formed under this Committee to discharge the duty of coordinating, monitoring &
evaluating with representatives from the key ministries & NGOs/IGOs, and independent experts.
D. The Subcommittee SHALL coordinate, monitor and evaluate the implementation of the NPA 2012
periodically (quarterly/six-monthly). It shall find out 6 volunteering organizations to work with it,
through financing or rendering other technical support, in monitoring and evaluating various
activities of the NPA. Each such organization shall be working geographically in each
administrative Division.
E. In addition, there shall be several committees in Dhaka and in the Districts, Upazillas and Unions,
in order to carry out the activities of the NPA 2012. The several CTCs already functioning are
hereby recognized and integrated as implementers of the NPA 2012 (see Annex 3 for the
formation and makeup of these committees).
F. To fight human trafficking better, people at the local government levels along with local
community/religious leaders will work together with development workers and the police and
other LEAs to prevent human trafficking.
G. Concerned departments and agencies of the Government and civil society organizations in
Bangladesh will liaise with foreign governments and overseas organizations in countries into
which human beings are trafficked from Bangladesh.
H. Each particular Department/Ministry/Organisation tasked with a responsibility under this NPA
shall issue guideline or implementation strategy, and shall REPORT to the central monitoring and
co-ordination committee.
2.5 How to Utilize the NPA 2012
The NPA 2012 is meant to be a guide for everyone involved in anti-trafficking actions in Bangladesh,
especially for those government agencies and other stakeholders who are given specific responsibilities
to implement activities outlined above. The NPA outlines the most important steps to be taken and issues
to be considered in setting up effective structures ___ structural, legislative, or judicial ___ against trafficking
and procedures for the results-based monitoring, review and evaluation of the present Action Plan. Many
actions may be and should be undertaken by concerned stakeholders, based on this NPA.
The NPA 2012 addresses both internal and cross-border human trafficking and trafficking in persons of
any kind. While taking actions the terms 'human trafficking,' and 'victims' or 'survivors' should be
understood in the sense of the Human Trafficking Deterrence and Suppression Ordinance 2011. The
NPA 2012 has a thematic part and an operational part summarily reflected in the Matrix. While every
government agency or any other implementing partner should mainly consider the task allocated to it as
per the Action Plan shown in the matrix, it should first read the above thematic part of the NPA. Also,
there are notes about how to use the Matrix of the plan of actions itself, which should also be strictly
adhered to.
Every concerned stakeholder should predicate all its actions on the basis of guiding principles described
above, the anti-trafficking statute of 2011 and other relevant statutes & government Policies, and the
20
21. international standards enshrined in international treaties/ instruments. All actors should also become
informed of two important documents, namely, the UN Principles on Human Trafficking and the Terms of
Reference for the Counter-trafficking Committees which are annexed herewith.
Every lead agency and other implementing organization tasked under the NPA 2012 should draw and
practice statement, describing what are its roles under the NPA 2012 and how will those roles be
realized. Importantly, the NPA 2012 establishes a central body - the Sub-Committee (Implementation
Committee) of the National Ant-Trafficking Committee at the MoHA- and outlines the phased-process of
monitoring, review and evaluation. The monitoring, reporting, and evaluation processes are sought to be
results-based. Every concerned stakeholder should therefore adhere to the objectives of monitoring and
evaluation.
3. MATRIX OF THE PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING
In the following matrix, the timeframes for accomplishing the activities are fixed with reference to Year (Y)
and Months (M). When the timeline is for the whole tenure of the NPA, the tasks are to be done on a
regular basis, monthly, bi-monthly, or quarterly. As mentioned earlier, each implementing
agency/organization shall also fix their internal targets under the NPA 2012.
Notes on the use of the Matrix:
(i)
Sources of Funding: For the implementation of the NPA activities, the concerned
government agency may look out for external financial (and also human) sources and may
build partnership with donor-agencies, NGOs, UN Agencies & businesses (CSR-scheme).
(ii)
In the following matrix, there are a number of cross-cutting activities implementation of which
necessitate assimilation, checking overlapping/duplication, and a viable cooperation amongst
all stakeholders. The cooperation that needs to be worked out may be slightly different from
what is contemplated below.
(iii)
In implementing the activities, the lead ministry/ministries shall apply its or their judgment in
asking others to cooperate, but shall remain alert to the duty under this document so that the
activities do no go unimplemented. It is encouraged that time-bound actions are undertaken
and completed well ahead of the deadlines framed here in below.
Finally, everyone's attention is drawn to the fact that the activities charted out below are only in their
generic form, and the stakeholders may thus undertake new auxiliary actions in order to better prosecute
the main objectives of the NPA.
21
22. MATRIX OF THE PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING
Lead Ministry: Ministry of Home Affairs
Timeline: Three Years (2012 – 2014)
Goal 1: To Prevent Human Trafficking
Strategies: Better coordination (also uniformization) in awareness campaigns established; Awareness programmes/trainings follow the definition of
human trafficking as per new statute, mobilize people and disseminate information, inter alia, on safe migration to reduce risks of human trafficking
Expected Result 1: People of different age-groups and social background are aware on causes, consequences of human trafficking according to the
definition of Anti-Human Trafficking Ordinance 2011 and are aware of ways to migrate safely, within and outside the country
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
(while reviewing/evaluating)
Develop an all-inclusive
50,000 copies of information
Sample of material
MoHA will prepare with support from Y: 1
Campaign-brochure with
leaflets/brochures/NPA matrix (in
Distribution lists
MoWCA and NGOs and send to all
M: 1-6
information on NPA and antiBangla language) developed and
CTC, and all implementing agencies
trafficking Ordinance 2011 to be
distributed
and concerned stakeholders
distributed to every govt.
agencies responsible under the
NPA (including all ministries and
CTCs)
Strengthen existing
databases/websites of anti-HT
initiatives in order to coordinate
activities, and share information
among different agencies, at all
levels
Develop and disseminate
awareness material (printed and
electronic) in line with the
definition of HT as per law, and
MoHA guideline and NPA 2012
General database on awareness
initiatives developed, maintained
and monitored by MoHA18
Database
MoHA, MoEWOE , MoWCA with UN
agencies, GOs, NGOs and INGOs.
Y:1
M1-12
Print and electronic media
materials developed
Printed Materials
MoHA, MoWCA, MoEWOE , MoE &
MoI with UN agencies, GOs and
NGOs/INGOs.
Y:1-3
Introduce HT and safe migration
issue in secondary
school/madrasa curriculum
New issues introduced in books
and curricula
Ministry of Education with NCTB (in
coordination with MoHA, MoEWOE
and other related agencies)
Y:1-3
At least 10,000,000 people
received information through the
material developed
Reports
M:1-36
Distribution list
Approved Books
Approved Curricula
M:1-36
The NPA Implementation Committee (at the MoHA) under the coordination of the National Anti-Trafficking Committee will develop, manage and collect data for
the database.
18
22
23. Aware and mobilize people both in
urban and rural areas on HT
prevention and safe migration
(seminars, drama performances,
film shows, courtyard meetings,
rallies, youth groups anti
trafficking safety nets and key
informants systems etc) issues to
be covered: early marriage,
dowry, domestic violence and
other forms of violence against W
& Children as causes of HT
Introduce specific course/s on HT
& Migration at Universities
At least 5,000,000 people are
aware of HT (definition as per HT
ACT) and on safe ways to migrate
At least 5,000 youth groups/CTCmembers trained and operational
in preventing trafficking
Syllabus developed
10 Universities introduce the
course &
500 students enrolled
Monthly reports on
implementation of NPA
Annual report on HT, Reports
from implementing organizations,
pictures, attendance lists
MoHA, MoWCA, MoEWOE, MOI,
MoRA and M of Labour, each with
the cooperation of UN agencies,
GOs, NGOs and INGOs.
Y:1-2
Syllabus & Reports
List of Universities
MoHA, MoWCA and MoEWOE will
initiate/coordinate
Y:1-3
M:1-24
M:1-36
Universities, NGOs & UN
agencies/INGOs
Train/sensitize/motivate teachers,
10,000 of teachers &
Attendance list
headmasters and students of
headmasters trained
Reports of training
schools/ madrasa/
100,000 SSC-level students
Training modules
colleges/university, media
trained on HT & safe migration
personnel, local govt. officials on
(no duplication with other data)
HT and safe migration
2,000 journalists trained
(to incorporate Human Trafficking
HT & safe migration introduced in
issue in the NLGI training module/ Journalism trainings
syllabus)
3,000 Gov. officials trained
Expected Result 2: People most at-risk19 have increased access to livelihood options
MoWCA, MoEWOE, MoE, MoI,
NLGI & TTCs; with cooperation of
UN agencies, GOs, NGOs and
INGOs.
Activities
Create/facilitate livelihood options
and social protection for people
most at-risk, and for survivors to
avoid risk of re-trafficking (access
to labor market/I.G.A. /agricultural
equipments/seed
support/vocational trainings/
support to education for children
of people at risk/ etc.)
Implementing agencies
MoSW, MoWCA, MoE & M of
Labour, with the cooperation of UN
agencies, GO/NGO/INGOs (and
M/O Agriculture, MoEWOE)
Indicators
Gov. Support to people at risk
10,000 people at risk receiving
support
10,000 people at risk receiving
vocational training
5,000 people at risk unemployed
get secure job of self employed
Source of verification
List of beneficiaries for seed
support
List of beneficiaries for vocational
training
List of beneficiaries securing
employment
List of students receiving support
Y:1-3
M:1-36
Timeframe
Y:1-3
M:1-36
10,000 children (6-14) from
selected categories receive
educational support
People most-at-risk include single women with children, adolescent girls, ultra-poor living in disaster prone areas, or/and suffering/backward minority groups.
19
23
24. Expected Result 3: Counter-trafficking Committees at all level and District Welfare Desks are active and coordinated among themselves and from
local to national level
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
Train CTC (district and UP level)
600 CTC trained on HT and safe
Reports, Training modules,
MoHA in cooperation of UN
Y:1-3
in most trafficking prone border
migration and equipped with
Attendance lists
agencies, GOs, NGOs and INGOs.
M:1-36
areas on HT and safe migration
information material
Conduct regular coordination and
at least 5 coordination meetings
meeting minutes
MoHA (Monitoring Cell) in
Y:1-3
information sharing
per year/per district held
Report of the committee
cooperation of UN agencies, GOs,
M:1-36
meetings/programs among CTCs,
meetings/initiatives
NGOs/INGOs, & MoEWOE
District Welfare Desks’ (Probashi
Kallan Desk) and DEMOs
Goal 2: To Protect the victims/survivors of human trafficking
Strategies: Multi-dimensional measures for the protection of victims/survivors of all forms of human trafficking launched, expanded, strengthened,
implemented and monitored; Sustainable reintegration for the victims since their rescue maintained; National standards for care of survivors
developed/implemented
Expected Result 1: Nationally minimum standards to provide assistance to victims/survivors of trafficking developed, implemented and monitored
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
Strengthen the implementation of
SOP through case management
from rescue to reintegration
system, (including post-rescue
monitoring)
A national standard SOP/Referral
system developed
SOP
List of NGOs trained
Monitoring missions reports
MoHA (with MoWCA &MoEWOE) in
cooperation of UN agencies,
IGOs/NGOs/INGOs & Victim
Support Centres,
Y:1-2
Finalize & implement Minimum
Standards of Care20 for Serviceproviders.
Guidelines/ policy finalized and
disseminated
Guideline
MoSW, MoWCA with NGOs/INGOs
& UN agencies cooperating
Y:1
NGOs & UN agencies/INGOs with
support from Univ. Psychology
Departments (MoHA will initiate &
coordinate with all including
MoWCA)
Y:1-2
Develop a national module for
Psychosocial Counseling esp. for
the survivors and introduce
trainings of survivors/serviceproviders
100 NGOs trained on SOP
M:1-24
Monitoring system established
1,000 service providers/ caregivers oriented
Monitoring system established
Module developed
10 NGOs/IGOs/GOs introduce the
course
300 service-providers/survivors
receive the training/counseling
Reports of trainings
Attendance lists
Monitoring missions reports
Module
List of Organisations introducing
the course
List of enrolled participants
20 A guideline of Minimum Standards of Care to be followed by all service providers and shelter-homes is being developed by the MoHA in association with
UNICEF.
24
M:1-12
M:1-24
25. Expected Result 2: RRRI System operational and monitored between India and Bangladesh and extended to other countries
Activities
Indicators
Source of Verification
Implementing agencies
Widen and strengthen existing
RRRI programme and RRRI Task
force and Inter-ministerial &
GO/NGOs Coordination
Committee
Develop an online alert system in
exit/ border points to track
movement of migrating persons
from Bangladesh
Orient focal persons at MoFA,
MoSW, MoWCA, BMET, DIP,
Police, with a special desk of antiHT actions.
Timeframe
an improved & cross-cutting RRRI
is in place
At least 20% rise in the rescue of
victims from other countries & an
average repatriation-time will be
less than 12 months;
a fast-track facilitation to NGOs to
repatriate victims
the network of domestic actors
activated, meeting & coordinating
regularly
Online alert system Piloted in
selected points/ borders
List of rescued victims
Report of cases
Minutes of meetings
MoHA (with IGO/NGO) / in
cooperation with NGOs, UN
Agencies, MoEWOE, MoWCA.
Y:1-2
Online alert system
Reports
MoHA in cooperation with relevant
authorities/ stakeholders / BTRC/
Mobile phone Operators
Y:1-2
At least 1 person designated &
oriented in each Agency/
department
Resolution of MOFA, MoEWOE,
MoHA
Reports
MOFA, MoEWOE, MoHA, MoWCA,
MoSW with the cooperation with
UN agencies, GOs, NGOs and
INGOs.
Y:1
M:1-24
M:1-24
M:1-12
Expected Result 3: Protection and support to victims for safe rescue, legal aid, effective rehabilitation and sustainable reintegration ensured
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
Establish Victim/Witness
Protection /Support & Referral
Program/Unit in Police stations.
Designate and train one police
official as Protection Official in
every PS.
Frame and implement Practical
Instructions as per the antitrafficking Ordinance 2011 for the
victim's/witness's protection within
the criminal justice process (filing
of case to judgment)
V&W protection unit in selected
PS piloted
Agreements, Photos, list of people
that received support
700 police officials assigned and
trained as V&W protection officials
reports
3 separate Practical Instructions
framed - EACH for police, PPs,
and judges21
Govt. Orders
Practical Instructions developed
about 300 V&Ws receive
improved support from police,
courts, and PPs
Practical Instructions for the Judges and PPs shall be prepared by the MoJPA in an appropriate form.
21
25
MoHA, MoWCA, MoEWOE
With cooperation of NGOs, INGOs,
UN Agencies & Local Govt., Victim
Support Centers/ OCCs
Y:1-3
M:1-36
MoHA (PHQ)
Y: 1
MoLJPA
M: 1-9
26. Earmark a fund for human
trafficking cases under the District
Legal Aid Committees (with easy
allocation/disbursement process)
A fund earmarked/first-track
service established
AT least 300 Victims received
legal aid support
Govt. Order/SRO
List of beneficiaries receiving the
support
National Legal Aid Services Org &
MOLJPA (coord. by MoHA)
Y:1
Improve standards in existing
shelter homes and establish new
short term shelters/ transit home &
Victim Support Centers/ OCCs
Standard/conditions of 15 shelter
homes improved with better
services
Reports
Monitoring Reports
MoWCA, MoSW with the
cooperation with UN agencies,
GOs, NGOs and INGOs.
Y:1-3
List of shelters
Photos
List of people served
MoEWOE, MoFA (with cooperation
of MoHA)
Y:1-3
M:1-12
M:1-36
10 new shelter-homes/ VSCs/
OCCs established & operational
Establish transit shelter homes in
destination countries for migrants
and trafficked victims
4 Transit homes established and
operational in destination
countries
M:1-36
around 250 survivors receive
support per year
Orient labor attachés and selected 1 orientation organized per year
Training module
MoEWOE, MoFA (in coord. with
Y:1-3
officials in foreign missions on HT 15 labour attachés and foreign
Report
MoWCA/MoHA) & with IOM
M:1-36
and safe migration
mission officials trained per year
Goal 3 :Effective Prosecution of human trafficking cases
Strategies: Implementation of existing laws; Ensuring prompt & effective trial, Capacity-building of Police & Prosecutors; Building trust and ensuring
security of V&Ws
Expected Result 1: H.T. Ordinance 2011 enforced and implemented
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
Set up special tribunals as per the
anti-trafficking Ordinance 2011
64 special tribunals exclusively for
HT cases established
List of tribunals
Govt. Order/Gazette
List of cases filed
Y:1-2
Monitor, & report the prosecution
of trafficking cases under the antitrafficking Ord. 2011 (new
legislation)
50 cases are monitored and
reported each year
MoLJPA in coordination with M/o
Finance (MoHA & MoWCA will
coordinate)
Monitoring cell at PHQ/Districts in
cooperation with PPs & Solicitors'
Wing at MoLJPA
Sign agreement on MLA and ratify
international conventions
At least 2 Agreements signed
Dialogue for a regional Taskforce
(or bilateral) on Organized Crimes
including HT
A Taskforce (at SAARC or/and
Bangladesh-India/Myanmar)
established
reports of Monitoring Cells
More convictions in disposed
cases achieved each year.
Documents
MoHA & MoFA (with AGO)
Resolutions
Documents
MoHA & MoFA
At least 2 international/regional
conventions ratified/acceded
26
M:1-24
Y: 1-3
M1-26
(on a
monthly
basis)
Y: 1-3
M: 1-36
Y: 1
Y: 1-3
M: 1-36
27. Expected Result 2: Enhanced capacities of the law-enforcers/actors of criminal justice for effective prosecution
Activities
Indicators
Source of Verification
Implementing agencies
Train LEAs (police at thanalevels), PPs/lawyers, & Judges on
general issues of HT and on
operational laws to
prosecute/investigate/adjudicate
trafficking cases
all police stations receive training
material/ with a blue book of
enforceable laws
Training manuals/Blue books
Reports of trainings
Pre and post training evaluation
PHQ in cooperation with AG’s
Office or the MoLJPA
Train BMET, DEMO officials,
Arbitrators, on HT & migration,
proper arbitration, prosecution of
human trafficking & referrals
PHQ (Academy; Staff College),
Bangladesh Bar Council, & JATI,
in coop. with NGOs/IGOs
(technical/research support)
1500 police officials trained
Training manual developed
600 of judges trained
900 lawyers/PPs trained
300 participants receive training
training modules
reports
pre and post-training evaluations
MOFA, MoEWOE, MoHA with the
cooperation with UN agencies,
GOs, NGOs and INGOs.
Timeframe
Y: 1-3
M: 1-36
(on a regular
basis in
each Year)
Y: 1-3
M: 1-3
(training to
be repeated
every year)
Expected Result 3: Improved and facilitated access to justice for the victims /Survivors
Activities
Indicators
Source of Verification
Implementing agencies
Provide legal aid/assistance to
victims
100 victims receive legal support
per year
List of beneficiaries
reports
NLASO (MoLJPA) (MoHA will
coordinate) with NGOs/IGOs/GOs
Y: 1-3
M: 1-36
Train paralegal22 focal points in
the community and train union
based E-information Center for
dissemination of information
related to HT & Safe Migration
3,000 people & E-information
Center trained
List of trained people
Reports of actions taken by
trained people
MoHA and MoWCA with the
cooperation with UN agencies,
GOs, NGOs and INGOs.
Y: 1-3
M: 1-36
Timeframe
Goal 4: To develop Partnership, participation, networking and cross-country legal assistance to prevent and combat HT and protect its victims
Strategies: Coordination & information sharing system developed among implementing agencies; Dialogue with main destination countries
developed & agreements on RRRI processes signed.
22
Paralegals are non-professional members of staff of any institution that assist judges, qualified lawyers, or executive officials involved with the administration of
justice. The following may be said to be paralegals: assistants of lawyers, process-servers and support-staff of the courts (such as sherestadar/record-keepers),
support-staff in any police station or prison, dafadars/choukidars in Union Parishads and so on.
27
28. Expected Result 1: Improved efficiency at regional level to prevent and combat HT and protect its victims more effectively
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
Dialogue towards establishing a
M&E desk at the SAARC
Secretariat
Desk established and operational
Reports
MoFA, MoWCA in cooperation with
NGOs/IGOs
Y: 1-3
M: 1-36
Expected Result 2: Partnership & Participation, FUND and CSR scheme Established at the National Level
Activities
Indicators
Source of Verification
Implementing agencies
Put in place a CSR (Corp. Soc.
Responsibility) scheme in order to
support victims for rehabilitation
and reintegration and to
strengthen awareness campaign
at least 10 MoU signed with
various businesses
Case studies (evaluation)
Reports
MoHA (MoWCA, MoEWOE and
MoSW) (in coop with Min of
Commerce, Register of Companies,
Bangladesh Bank, Ministry of
Finance)
Establish a national anti-trafficking
FUND as mandated in the new
anti-trafficking Ordinance for
effective implementation of the
laws, policies and also NPA
A Fund Established and
resources received according to
Ordinance
Reports
Gazzt. notification u/s. 42 of HT
the Ord. 2011 (also RULES) on
Fund Management
MoHA
Timeframe
Y: 1
M: 1-9
Goal 5. To develop effective system for Monitoring, evaluation, and reporting
Strategies: Implementation Committee made efficient in monitoring the NPA's implementation; Initiation of Baseline surveys and mid-term & final
evaluations
Expected Result: The Anti-HT Ordinance 2011 and the NPA 2012 (Anti-HT actions/measures) implemented, monitored and evaluated
Activities
Indicators
Source of Verification
Implementing agencies
Timeframe
Frame Rules under the HT
Ordinance 2011
Rules framed
Government SRO
MoHA (in coop with
IGOs/INGOs/NGOS)
Y: 1
M: 1-9
Conduct baseline survey on HT
scenario in Bangladesh
Survey conducted and findings
disseminated
Survey report
List of recipients of final report
MoHA, MoWCA in cooperation with
NGOs/IGOs, UN Agencies
Y: 1-2
M: 1-24
Monitor & evaluate
implementation of NPA
Bi- monthly meetings
List of recipients of report
Meeting minutes
Database
Reports
Sub-Committees (National AntiTrafficking Committee: GO-GO and
GO-NGO Committees)
Y: 1-3
M: 1-36
(regular)
Database on implementation of
NPA developed and updated
28
29. Mid-term evaluation Report/Final
Assessment; Reports
disseminated
Coordinate with the Taskforce and
monitoring cell at the MoEWOE
(for increased or new
actions/initiatives).
Bi-annual meetings
To conduct end-of-the term
survey on HT scenario in
Bangladesh
Survey conducted & findings
disseminated
9 numbers of Joint actions taken
to check fraudulent practice of
fake recruiters and fraudulent
recruitments
Meeting minutes/Reports
List of agencies
controlled/disciplined
Survey report
List of recipients of final report
29
MoHA in cooperation with
MoEWOE
MoHA, MoWCA, MoEWOE in
cooperation with NGOs/IGOs, UN
Agencies
Y: 1-3
M: 1-36
(regular)
Year: 3rd
M: 30-36
30. Bibliography
Heissler, Karin. 2001. Background paper on good practices and priorities to combat sexual abuse
and exploitation of children in Bangladesh. Dhaka: UNICEF.
International Centre for Migration Policy Development (ICMPD). 2010. Monitoring and
Evaluation
Handbook for National Action Plans Against Trafficking in Human Beings.
Austria: ICMPD.
MoHA. 2011. Bangladesh Country Report, 2010: Combating Human Trafficking. Dhaka: MoHA.
MoHA. 2008. National Plan of Action for Combating Trafficking in Women and
Children
in
Bangladesh. Dhaka: MoHA.
MoWCA. 2002. National Plan of Action against Sexual Abuse and Exploitation of Children,
including Trafficking in 2002. Dhaka: MoWCA.
Government of Bangladesh. 2011. The National Children Policy, 2011. Dhaka: MoWCA.
Government of Bangladesh. 2011. The National Women Development Policy 2011.
Dhaka:
MoWCA.
Government of Bangladesh. 2011. The National Child Labour Elimination Policy, 2010. Dhaka:
Ministry of Labour and Employment.
United States Department of State. (2011). Trafficking in Persons Report - Bangladesh, 27 June
2011. Available at: < http://www.state.gov/g/tip/rls/tiprpt/ 2001/3929.htm>.
30
31. Annex 1: the UN Recommended Principles on Human Rights and Human Trafficking 2002.23
Recommended Principles on Human Rights and
Human Trafficking11
The primacy of human rights
1. The human rights of trafficked persons shall be at the centre of all efforts to prevent and combat
trafficking and to protect, assist and provide redress to victims.
2. States have a responsibility under international law to act with due diligence to prevent trafficking,
to investigate and prosecute traffickers and to assist and protect trafficked persons.
3. Anti-trafficking measures shall not adversely affect the human rights and dignity of persons, in
particular the rights of those who have been trafficked, and of migrants, internally displaced persons,
refugees and asylum-seekers.
Preventing trafficking
4. Strategies aimed at preventing trafficking shall address demand as a root cause of trafficking.
5. States and intergovernmental organizations shall ensure that their interventions address the factors
that increase vulnerability to trafficking, including inequality, poverty and all forms of discrimination.
6. States shall exercise due diligence in identifying and eradicating public sector involvement or
complicity in trafficking. All public officials suspected of being implicated in trafficking shall be
investigated, tried and, if convicted, appropriately punished.
Protection and assistance
7. Trafficked persons shall not be detained, charged or prosecuted for the illegality of their entry into
or residence in countries of transit and destination, or for their involvement in unlawful activities to the
extent that such involvement is a direct consequence of their situation as trafficked persons.
8. States shall ensure that trafficked persons are protected from further exploitation and harm and
have access to adequate physical and psychological care. Such protection and care shall not be
made conditional upon the capacity or willingness of the trafficked person to cooperate in legal
proceedings.
9. Legal and other assistance shall be provided to trafficked persons for the duration of any criminal,
civil or other actions against suspected traffickers. States shall provide protection and temporary
residence permits to victims and witnesses during legal proceedings.
10. Children who are victims of trafficking shall be identified as such. Their best interests shall be
considered paramount at all times. Child victims of trafficking shall be provided with appropriate
assistance and protection. Full account shall be taken of their special vulnerabilities, rights and
needs.
11. Safe (and, to the extent possible, voluntary) return shall be guaranteed to trafficked persons by
both the receiving State and the State of origin. Trafficked persons shall be offered legal alternatives
to repatriation in cases where it is reasonable to conclude that such repatriation would pose a serious
risk to their safety and/or to the safety of their families.
Criminalization, punishment and redress
12. States shall adopt appropriate legislative and other measures necessary to establish, as criminal
offences, trafficking, its component acts2 and related conduct.3
Part of the report of the United Nations High Commissioner for Human Rights to ECOSOC (E/2002/68/Add. 1).
(http://www.ohchr.org/Documents/Publications/Traffickingen.pdf).
1
The term “trafficking”, as used in the present Principles and Guidelines, refers to 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. Source: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against Transnational Organized Crime
(article 3 (a)).
23
31
32. 13. States shall effectively investigate, prosecute and adjudicate trafficking, including its component
acts and related conduct, whether committed by governmental or by non-State actors.
14. States shall ensure that trafficking, its component acts and related offences constitute extraditable
offences under national law and extradition treaties. States shall cooperate to ensure that the
appropriate extradition procedures are followed in accordance with international law.
15. Effective and proportionate sanctions shall be applied to individuals and legal persons found guilty
of trafficking or of its component or related offences.
16. States shall, in appropriate cases, freeze and confiscate the assets of individuals and legal
persons involved in trafficking. To the extent possible, confiscated assets shall be used to support
and compensate victims of trafficking.
17. States shall ensure that trafficked persons are given access to effective and appropriate legal
remedies.
Footnote omitted.
Footnote omitted.
2
3
32
33. Annex 2: The Inter-Ministerial Committee for Combating Human Trafficking
Inter-ministerial Committee for Combating Human Trafficking
Secretary, Ministry of Home Affairs, Dhaka
Learned Attorney General, Office of the Attorney General, Dhaka
Secretary, Ministry of Foreign Ministry, Dhaka
Secretary, Ministry of legislative & Parliamentary Affairs, Dhaka
Secretary, Ministry of Women & Children Affairs, Dhaka
Secretary, Ministry of Expatriates’ Welfare & Overseas Employment, Dhaka
Secretary, Ministry of Religious Affairs, Dhaka
Secretary, Ministry of Primary and Mass Education, Dhaka
Secretary, Ministry of Education, Dhaka
Secretary, Ministry of Local Government, Rural Development & Cooperation, Dhaka
Secretary, Ministry of Social Welfare, Dhaka
Secretary, Ministry of Information, Dhaka
Inspector General, Police Headquarter, Dhaka, Dhaka
Director General, Bangladesh Border Guard, Dhaka
Director General, Anser & VDP, Dhaka
Director General , Bangladesh Coast Guard, Dhaka
Director General, Prisons Directorate, Dhaka
Director General, Department of Immigration & Passport, Dhaka
Director General, Rapid Action Battalions, Dhaka
Joint Secretary, Ministry of Home Affairs , Dhaka
NPA 2012 Drafting Committee
Convener of the NPA Drafting Committee
Dr. Kamal Uddin Ahmed
Joint Secretary (Political), Ministry of Home Affairs
Leading Consultant/Drafter of NPA 2012-2014
Dr. Ridwanul Hoque
Associate Professor, Department of Law, University of Dhaka
Organization in charge of coordinating and supporting the work of the committee
Members of the Committee:
Winrock International (WI)
Ms. Sara Piazzano, Chief of Party
Ms. Suraia Banu, Program Manager, Legal Reform & Advocacy
Organization in charge of supporting the assessment of NPA 2008-2011 and the development
of NPA 2012-2014
Members of the Committee:
Bangladesh National Women
Advocacte Salma Ali, Executive Director
Lawyers’ Association (BNWLA)
Advocate Towhida Khondker, Director Program
Advocate Bithika Hasan, Coordinator
Ms. Jamila Khatun, Coordinator
Professor Ishrat Shamim, President
Center for Women & Children
Studies (CWCS)
Ms. Nishat A Chowdhry, National Programme Officer
International Organization for
Ms. Asma Khatun, Sr. Project Coordinator
Migration (IOM)
Ms. Naziha Sultana, Project Assistant
Ministry of Home Affairs
Ms. Saibun Nessa Coordinator, RRRI Task Force Cell
Bangladesh Secretariat
Ms. Shabnaaz Zahereen, Child Protection Officer
UNICEF Bangladesh
Member Secretary of the Committee
Ms. Rukhsana Hasin
Sr. Assistant Secretary, Ministry of Home Affairs
33
34. Annex 3: List of National and District-level Consultative Workshops
Recommendations on the National Plan of Action for Combating Human Trafficking
Consultation workshops with district level Counter
Trafficking Committees (CTC) and national level
GO-NGO Coordination Committee
Districts
Date
Organized by
Jessore
16 July 2011
Winrock
International
(WI) / Rights
Jessore
Manikganj
17 July 2011
31 July 2011
WI / Proyas
Lalmonirhat
20 July 2011
CWCS/ WI
Rajshahi
20 July 2011
21 July 2011
BNWLA/ WI
Sylhet
29 September 2011
IOM
Comilla
25 July 2011
CWCS/ WI
Borisal
25 July 2011
BNWLA/ WI
Shatkira
28 July 2011
IOM/ BNWLA
Tangail
19 August 2011
IOM
Khulna
24 August 2011
BNWLA/ WI
Cox’s Bazar
13 September’11
IOM
Dhaka
29th September 2011
At Hotel Purbani,
Dilkusha, Dhaka.
Recommendations for NPA 2012-2014
WI / ACD
Mymenshing
Their
CWCS/ WI
Chapai
Narnagonj
&
Ministry of
Home Affairs/
Winrock
International
Priorities for
new NPA
The
Components of
NPA 2012-2014
The Guiding
Principles
Implementation
Steps to be
included
34
Strong collaboration
Clear division of responsibilities
Strong monitoring system
Milestones of progress
Increased accountability
Prosecution
Prevention
Protection
Partnership/participation, Co-ordination,
and Mutual Legal Assistance
Monitoring, Evaluation & reporting
Government responsibility and
ownership
Justice for the trafficking victims
Civil Society Participation
Participation of local people and local
government institutions (LGIs)
Cross-section responsibilities
Conformity with other Policies
Solidarity with the international and
regional standards
Committees shall be recognized/ roles
specified
Every agency needs to issue NPA
Implementation Strategy
Bi-annual reporting by stakeholders, as
well as mid-term and end of term
evaluation
Central Monitoring and Evaluation
Committee needs to be established
The central committee should advise on
available and needed resources for
implementation
The central Committee ensures coordination
The lead Ministries of MoHA, MoWCA;
MEWOE, MSW involved and responsible
in implementation, monitoring and
evaluation
Central database established