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NATIONAL PLAN OF ACTION
FOR
COMBATING HUMAN TRAFFICKING
2012-2014

Ministry of Home Affairs
Government of the People's Rep...
TABLE OF CONTENTS

FOREWARD
Abbreviations and Acronyms
Executive Summery
1. INTRODUCTION
1.1 The Meaning of Human Traffick...
FOREWORD

Human trafficking is the illegal trade in human beings for the purpose of exploitation such as commercial
sexual...
ABBREVIATIONS & ACRONYMS
ACD
AGO
BGB
BAIRA
BGMEA
BMET
BNWLA
BTRC
BTMC
CEDAW
CRC
CSR
CTCs
CWCS
DAM
DC
DEMO
DIP
DLAC
HT
IGA
...
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-Gover...
EXECUTIVE SUMMARY

Human trafficking is a fast-growing organized crime of clandestine nature that flagrantly breaches huma...
NATIONAL PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING

1. Introduction
Trafficking of human beings is both a cause and c...
In this regard, the terms 'victims' or 'survivors' should also be conceptualized here. The term 'victims',
which in some c...
Aside from having established domestic legal and administrative schemes against human trafficking,
Bangladesh in practice ...
1.2.1 Progress Made in the Fight against Human Trafficking
The government of Bangladesh has been implementing a series of ...
SOP for Repatriation of Trafficked Child Victims between Bangladesh and India
The MoHA and the UNICEF has jointly develope...
and of any type of exploitation as the purpose of trafficking. Another notable loophole was that, under no
law human traff...
offence/s (with wide powers, e.g., to record evidence
beyond the court premises, to award civil compensation
in addition t...
should also be admitted that the said NPA 2002 could attain only limited successes, due mainly to the
non-implementation o...
•
•
•
•
•
•

Protection of the best interests of the child victims16 and respect for human dignity of all during
the rehab...
The NPA 2012-14 proposes to prosecute the above goals through following strategies:
Strategies for Goal 1
- Mobilize and a...
Cultural Affairs & Ministry of Information (MoI); Bangladesh Shishu Academy; NGO Bureau; Bangladesh
Bar Council; Human Rig...
Expected results for Goal 1:
1. People of different age-groups and social background are aware on causes, consequences of ...
The relevant agencies shall also ensure that trafficked persons are given access to effective and
appropriate legal remedi...
Expected result for Goal 5:
The Anti-HT Ordinance 2011 and the NPA 2012 (Anti-HT actions/measures) implemented, monitored ...
international standards enshrined in international treaties/ instruments. All actors should also become
informed of two im...
MATRIX OF THE PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING
Lead Ministry: Ministry of Home Affairs
Timeline: Three Years...
Aware and mobilize people both in
urban and rural areas on HT
prevention and safe migration
(seminars, drama performances,...
Expected Result 3: Counter-trafficking Committees at all level and District Welfare Desks are active and coordinated among...
Expected Result 2: RRRI System operational and monitored between India and Bangladesh and extended to other countries
Acti...
Earmark a fund for human
trafficking cases under the District
Legal Aid Committees (with easy
allocation/disbursement proc...
Expected Result 2: Enhanced capacities of the law-enforcers/actors of criminal justice for effective prosecution
Activitie...
Expected Result 1: Improved efficiency at regional level to prevent and combat HT and protect its victims more effectively...
Mid-term evaluation Report/Final
Assessment; Reports
disseminated
Coordinate with the Taskforce and
monitoring cell at the...
Bibliography
Heissler, Karin. 2001. Background paper on good practices and priorities to combat sexual abuse
and exploitat...
Annex 1: the UN Recommended Principles on Human Rights and Human Trafficking 2002.23

Recommended Principles on Human Righ...
13. States shall effectively investigate, prosecute and adjudicate trafficking, including its component
acts and related c...
Annex 2: The Inter-Ministerial Committee for Combating Human Trafficking
Inter-ministerial Committee for Combating Human T...
Annex 3: List of National and District-level Consultative Workshops
Recommendations on the National Plan of Action for Com...
Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014
Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014
Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014
Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014
Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014
Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014
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Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014

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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 time frames and outcome-indicators for each activity, and provides a results-bound coordination, monitoring & evaluation system.

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Transcript of "Bangladesh National Plan of Action for Combating Human Trafficking 2012-2014"

  1. 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. 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 3 4 6 7 7 8 10 12 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 13 14 15 16 17 17 18 18 19 19 20 3. MATRIX OF THE PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING 22 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 30 2 31 33 34 35
  3. 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 3
  4. 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 4
  5. 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 5
  6. 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. 6
  7. 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.   1 7
  8. 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.  3 4 8
  9. 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: • • • • 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.    9 9
  10. 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).      12 10
  11. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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

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