prevention - Bali Process

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Current national inter-agency
coordination frameworks and
challenges
Ministry of Home Affairs
Government of Bangladesh
12 January 2012
Human
Trafficking
Why trafficking concerns us ?
It is a dreadful social crime
It is a human rights issue
It is a legal/moral issue
It is a public health issue
It is a gender issue
It is a trans-national issue
Purpose of trafficking
Recognized Internationally as
especially in the case of children and women include,
but are not limited to, the following:
 Prostitution;
 Forced or exploitative domestic labour;
 Bonded labour and other forms of hazardous,
dangerous and exploitative labour;
 Servile marriage;
 False adoption;
 Sex tourism and entertainment;
 Pornography;
 Begging; and
 Slavery by the use of drugs on children and
women.
Understanding Trafficking
•
Impacts of globalization
Employment, Trade, Migration

Development Policies
Conflicts and environmental disasters


SUPPLY
DEMAND
Influenced by needs/motivations to
improve life options.
PUSH FACTORS
DEMAND FOR LABOR/OUTCOME OR MIGRATION
HARMFUL Outcome
• Economic: feminization of poverty,
meet basic needs, market disparities
loss of livelihood or employment,
environmental hazards
• Social/ Cultural: women's and
* Exploited
C
O
children’s subordinate status in their
families, violence, lack of awareness
N
T
Governance: limited access to
government services and programs,
poor law enforcement, lack of access
to decision makers
PULL FACTORS
Demand for cheap labor, Existence of
informal job sectors Sex trade, bonded
labor, organ transplantation, demand for
child as camel jockeys, deception,
exploitation, force, coercion
labor (commercial
sex worker, factory/domestic
servitude), forced detention;
and, Profits to traffickers, drug
addiction, STD, HIV/AIDS,
trauma, suicide
I
Positive Outcome
N
U
U
M
CROSSBORDER/
INTERNAL
Freedom of Choice;
* Sustaining Employment; and
* Increased Status
*
NON- HARMFUL RESULTS
* Security/rights
respected
Introduction: Human Trafficking
Trafficking in Human Beings (THB): a growing
multi-million-dollar global industry; costing ‘the
life’ of those vulnerable, poor, & disempowered.
 Transnational issue/crimes: THB is a gross
violation of human rights and dignity and
humanity; sheer negation of the victim’s
Constitutional Rights.
 Bangladesh stays in the flipside of the list of
countries that are ‘origin’-countries for THB.
 2009 UNICEF: 400 Women & Children trafficked
P/M

Trend of Overseas Employment
2008
2007
2006
2005
2004
2003
2002
2001
0
1991
100000
2000
200000
1999
300000
1998
400000
1997
500000
1996
600000
1995
700000
56714
77694
68658
74017
68121
101724
103814
147131
188124
244508
186326
187543
211714
231077
267667
268182
1994
800000
1992
900000
1984
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
1993
(1991-2008)
OVERSEAS EMPLOYMENT BY SKILL GROUP
Skill Group
%
Professional
3%
Skilled
Skill composition in Overseas
Employment
4%
33%
Semi-skilled
16%
Less-skilled
48%
33%
48%
Professional
Skilled
Semi-skilled
Less-skilled
15%
Migration and Trafficking
Migration
Internal Migration
External Migration
In Bangladesh, two thirds of migrations are from
rural to urban areas.
6.35% annual increase in the migration to the
capital city, Dhaka. (Deshingka, 2005)
Around 0.8 million (BMET) Bangladeshis left for
overseas employment in 2008.
Government Initiatives in 5 key areas
a) International Cooperation and Coordination
b] Prevention Measures for the vulnerable
through skill development or capacity building
c) Protection Measures undertaken for the
rescued ones.
d) Prosecution through legal framework
e) Participation through collaboration (GONGO, INGO)
International Commitments
a)
The Government of Bangladesh ratified the Conventions on the Rights of
the Child (CRC) in the early 1990s.
b) Ratified the Convention on the Elimination of all Forms of Discrimination
against Women (CEDAW).
c) Ratified the Optional Protocol to the Convention on the Rights of the Child
on the Sale of Children, Child Prostitution and Child Pornography.
d) In March 2001, Bangladesh ratified the International Labor Organization
(ILO) Convention on the Worst Forms of Child Labour No.182. Under this
Convention, the government agrees to protect children from working in
conditions that damage their physical and psychological well being.
e) In January 2002, Bangladesh signed and ratified the South Asian
Association for Regional Cooperation (SAARC) Convention on Prevention
and Combating Trafficking in Women and Children for Prostitution.
f)
The Government of Bangladesh is reviewing the UN Protocol to Prevent,
Suppress and Punish Trafficking in Persons; Especially Women and
Children,
Supplementing the UN Convention Against Transnational Organised Crime
2000, which calls for the prevention, suppression and punishment for
trafficking in people.
PREVENTION
Prevention Measures
* Capacity Building of law
enforcing agencies
* Committees at the District,
Upazila and Union level to combat
Human Trafficking (CTCs)
Prevention Measures
a.
b.
c.
d.
e.
f.
National Anti Trafficking Committee
GO-NGO National Coordination Committee
District Women and Children AntiTrafficking Committee
Police Monitoring Cell
Screening and Prevention at the airports
check posts, borders and land ports
Extra vigilance by Law enforcing agencies
PREVENTION
1. National Anti-Trafficking Committee:
An Inter-Ministerial/Inter-Organisational committee led
by the Secretary of the Ministry of Home Affairs.
Committee holds meeting once in every two months
Monitor progress of the activities undertaken by the
various ministries and departments to combat
trafficking
2. GO-NGO National Co-ordination Committee
for Trafficking in Women and Children:
Representatives from Ministry of Home Affairs,
Ministry of Foreign Affairs, the Ministry of Women and
Children Affairs, Attorney General’s Office and various
NGOs
Involved in monitoring and implementing programmes
to combat trafficking.
Secretary, Ministry of Home Affairs leads the
committee.
PREVENTION
3. Police Monitoring Cell:
A Police Monitoring Cell was established at the Police Headquarters in
2004. Its functions include collection of information and intelligence
regarding human trafficking.
The monitoring of the movement of criminals involved in human
trafficking, arrest of criminals, rescue/recovery of trafficked persons,
assisting in prosecuting relevant cases, rehabilitation of trafficked
persons and subsequent follow up,
The Monitoring Cell at PHQ maintains the database of cases related to
trafficking.
A monitoring unit under CTC has been formed in each of the 64 district
headquarters and it sends updated statistics to the police
headquarters. After compiling the data collected from District and other
sources, the Monitoring Cell at the Police Headquarters prepares a
report and sends it to the Ministry of Home Affairs in different formats
on (a) daily, (b) fortnightly and (c) monthly basis. These reports relate
to disposal of cases, recovery and rehabilitation of trafficked persons,
follow up and repatriation of trafficked persons.
The Joint Secretary (Political) of the Ministry of Home Affairs is
overseeing the functions of the Cell and is also the focal point in the
Ministry.
PREVENTION
4. Apprehension of Traffickers by the Law Enforcing Agencies:
The border security personnel i.e. the BGB, the Bangladesh Police,
the Bangladesh Coast Guard and also the Rapid Action
Battalion (RAB)
407 traffickers have been arrested since 15 June 2004,
373 cases were instituted in different police stations.
5. Screening at the Air/ Land Ports:
3 stage screening process
(a)
screening of persons at the airline check-in counter
(b)
Screening at the immigration counter : check the validity and
genuineness of passports and visas, and other travel
document
(c)
(c) checking before boarding the aircraft by the Airlines'
Passport Checking Unit (PCU).
Land ports are also complying with the instructions of checking
the validity and genuineness of passports, visas, tickets and
other papers
Screening process at Airports and Land ports : 3356 persons were
offloaded since 15 June 2004
A. PREVENTION
6.
Capacity Building of the Members of Law
Enforcing Agencies and Public Prosecutors:
Officials’ training on trafficking to enhance
their skills. Training institutes of different law
enforcing agencies.
Out of 583, 520 Officer-in-Charge of police
stations have been given training.
Same training programme for immigration
officials is also being implemented by the
International Organisation for Migration (IOM).
7.
Strengthened Partnerships between the
Ministry of Home Affairs and the
Representatives of the development partners
in Bangladesh
PREVENTION
8. Implementation of National Motivational Policy to Create
Awareness:
A national policy is already formulated and launched
i)
The Ministry of Religious Affairs – Imams to motivate
people
The Ministry of Women and Children Affairs : projects in
trafficking-prone districts to create mass awareness.
iii) The Ministry of Local Government, Rural Development and
Cooperatives - Union Parishads and representatives of the
local bodies, the Municipalities for motivation
iv) The Ministries of Education and Primary and Mass
Education : involving teachers for motivation and
awareness creation
v) The Ministry of Information : mobilizing print/electronic
media.
vi) The Ansar and VDP utilising the services of its members
numbering about 4.6 million, to motivate people
vii) The Ministry of Social welfare : implementing various
programmes
viii) The NGOs/INGOs are already doing significant work in
creating awareness among the policy makers,
communities, law enforcing agencies and other
stakeholders.
ii)
PREVENTION
9. District, Upazila and Union Counter
Trafficking Committee:
The committees are composed of DC,
SP, Public Prosecutors, Representative
of BGB, NGO and other offices.
Implement and monitor programmes to
combat trafficking.
Committees monitor activities, organise
rally and open discussion meeting in
the Hats/markets in rural areas,
implement programmes, facilitate and
support rescued persons,
PROTECTION
PROTECTION
1.
2.
Rescue and Recovery of Trafficked Persons by law
enforcing agencies and apprehend the traffickers.
Rehabilitation/Reintegration of Recovered Persons:
Local CTCs have been tasked to rehabilitate the
recovered trafficked persons through social
reintegration process :
(i)
the trafficked persons are sent to their parents or
guardian after due verification and proper
documentation
(ii)
if parents/guardians not found immediately, sent to
nearest government or NGO-run safe homes
(shelter). Initiatives are taken by GO / NGO in their
safe homes for the welfare of the trafficked persons,
while waiting for the reintegration with their family/
society. These are physical and mental treatment,
psychosocial counseling, shelter, food, clothing, and
legal aid, training on skills development for
economic and social reintegration.
PROTECTION
3. Repatriation of Trafficked Persons:
 When any information regarding trafficked
victim is received through foreign mission
of Bangladesh or other organizations
including NOGs, the Ministry of Home
Affairs takes necessary steps for quick
and smooth repatriation of such victim.
Recently, UNICEF Bangladesh has taken
initiatives to hold a bi-lateral meeting
between India and Bangladesh for
repatriating Bangladeshi children who
were trafficked in India.
PROTECTION
4. Repatriation & Social Integration of
Bangladeshi Children Involved in Camel
Racing in UAE:
Through lobby and advocacy by human
rights organisations, NGOs, civil society and
the government of source countries, the
UAE government finally banned the use of
Children under 14 years of age or below 45
kg as Camel Jockey since March 2005.
PROTECTION
5. Follow up of Recovered and Rehabilitated
Trafficked Persons :
Due care has been taken to see that trafficked
persons once recovered and rehabilitated do
not become unfortunate victims of trafficking
again nor do they feel neglected or be left
without attention and care. DCs, SPs, OCs,
representatives of NGOs and different
committees at various administrative units are
involved in the monitoring of rescue,
repatriation, rehabilitation and reintegration.
They have been advised to regularly monitor
the condition of recovered and rehabilitated
trafficked persons and report back to MOHA.
Rescue,
Recovery,
Repatriation and
Integration of Children
Trafficked between
Bangladesh and India
the RRRI process
identification
 rescue
 interim care in India
 collecting information
 family tracing
 confirmation of identity, permission to repatriate

cross-border transfer
interim care in Bangladesh
 integration
 post-integration care, support and monitoring

REPATRIATION
The authorities in charge of repatriation shall
use the diplomatic channel of communication
The Parties shall establish the Focal Point to
implement the repatriation process of trafficked
children and women
REINTEGRATION
The Parties shall make all possible efforts
towards the safe and effective reintegration of
victims of trafficking into their families and
communities
The Parties shall provide the following
training programs for the purpose of effective
reintegration
JOINT TASK FORCE
 The Joint Task Force has been
comprised of competent representatives
from both Parties
 The Joint Task Force shall be called for
to meet as the need arises.
PROSECUTION
Legal Framework- The Constitution
of Bangladesh
Article 27 :
Rights of Equality and equal protection by
state
Article 28 : Right to be free from discrimination on the
basis of religion, race, caste, sex or place
of birth
Article 31 : Right to protection of the law
Article 34 : Prohibition against forced labor, torture
& 35 and cruel, inhuman or degrading treatment
Article 36 : Freedom of Movement
•Legal provisions and Reform
Bangladesh has several laws governing
children’s and women’s rights but they are not
consolidated in one statute. Instead, they are
scattered in various laws and statutes, such as
Constitutional
provisions,
Suppression
of
Immoral Trafficking Act 1933, the Penal Code,
the Children’s Act, 1974 and the Women and
Children Repression Prevention Act, 2003.
Bangladesh
has
made
significant
and
noteworthy changes in their legal provisions to
address the issue of trafficking, exploitation
and violence against women and children.
Government has enacted a consolidated Anti
Trafficking law
Inter-Ministerial/Inter-Organizational Case Monitoring
Committee:
This committee is composed of representatives from the
Ministry of Home Affairs, Ministry of Law, Ministry of
Women and Children Affairs, Representative of Attorney
General’s Office, Special Public Prosecutors
The committee is led by Joint Secretary (Political) of the
Ministry of Home Affairs and meets at least once every
month.
The main task of the committee is to select some
pending cases under trial relating to trafficking in women
and children throughout the country and give special
attention to ensure quick disposal of such cases.
As a result of close monitoring of the committee, 261
cases have already been disposed of, out of which 107
cases were ended in conviction and 154 cases were
ended in acquittal. 173 persons were given conviction of
which 08 persons were sentenced to death, 126 persons
were sentenced to life imprisonment and 39 persons were
sentenced other imprisonment.
Human Trafficking : Definition in
Law
 ‘HT means: selling/buying, recruitment,
transportation, transfer, harbouring/receipt of
persons by means of threat or use of force or
other forms of coercion, abduction, or fraud […]
. for the purpose of sexual, commercial, or
other exploitation; in or outside of Bangladesh.
.
Definition
 exploitation through prostitution or other
forms of sexual exploitation, forced
labour/services/begging, slavery, removal
of organs, regardless of consent
 bad intention and fraud (criminal mind):
inducing or helping others to
migrate/emigrate; with pre-knowledge of
resulting exploitation would be act of
Human Trafficking
Salient provisions: Strengths,
innovation
Offences: special: negative legal presumption
(convictions)
 Tribunal: with due power and discretion
(protective measures, e.g.: guided principles re
bail to the accused (control order with bail)
 Power to award fine & compensation (with
recognition of civil damages); to confiscate, seize
and freeze proceeds of crimes (extraterritoriality: action against person)
 Admissibility of duly procured foreign
evidence/electronically-held evidence.
 Specialised, empowered but controlled police:
focused investigation; preventive searches;
cross-country investigation with tribunal’s
approval

Salient provisions: Strengths, innovation
 Any person can prosecute (beyond the Govt):
Special prosecutors; legal protection for
witness and the reporter.
 protection & rehabilitation of victims &
witnesses
 Compensation; legal and financial assistance;
right to rehabilitation; privacy; right to
information; rights of the disabled victim ;
 Rights-based provisions for repatriation and
standard living in protective homes;
Salient provisions
Mutual Legal Assistance + (regional) cooperation
 Organised crimes; extraditable offences (predicate
offences )
 MLA (evidence collection, joint investigation,
exchange of docs/ and victims and offenders):
 builds on private -public partnership.
 Accountability of the government (esp. when deals
with human trafficking: for example misfeasance of
abusing powers); accountability of private
organisations (to report to the Govt/licensing).
 Rules for further carrying out the objectives
 Suppression of Immoral Traffic Act; Nari O Shishu
Nirjatan Damon Ain (ss 5 &6): repeal proposed

Key Challenges
• Mainstreaming the understanding on the trafficking
nexus
• Minimizing the gaps in order for effective
implementation of international and national laws,
conventions and policies
• Addressing poverty reduction into countertrafficking initiative
• Maximizing the GO-NGO collaboration
• Ensuring community participation in countertrafficking intervention
• Maintaining a gender perspective in CT interventions
• Maintaining a rights-based approach to CT
interventions
Future Intervention









Mainstreaming trafficking concerns into poverty
reduction programmes
Mainstream gender issues and reduction of gender
gaps
Address social marginalization and family and
community disintegration
Continuation of existing activities regarding
awareness raising , education, quick disposal of
cases, recovery and rehabilitation, repatriation of
trafficked persons and punishment of traffickers
Ministry of Women and Children Affairs (MOWCA) and
Ministry of Social Welfare could provide minimum
standard care/supports to rehabilitate trafficked
victims Practical, time bound strategies to put into
action the multiple areas of policies and legal
instruments
Reassessment of existing laws
Strengthening of existing collaborative effort between
GO and NGO
Encourage private sector for their participation as
partners in developing counter trafficking programme
Regional collaboration and cooperation for
establishing bilateral & multilateral agreements
Conclusion
Bangladesh has come a long way in anti-trafficking
measures. For the first time systematic and
continuous efforts and institutional arrangements
were made to combat trafficking in women and
children. Bangladesh has gained a world of
experience. All the efforts made so far in this regard
have helped Bangladesh to achieve a degree of
success, which is both notable and inspiring.
This bears ample testimony to the commitment and
resolve of Bangladesh to combat the menace of
trafficking in women and children. The government of
Bangladesh would once again like to reiterate its
commitment and resolve in this regard, to fight and
combat trafficking in women and children and in this
endeavor, seek the cooperation and request the
countries in transit and the final destinations to share
some responsibilities and work together to fight this
menace.
Thanks
for your attention
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