NATIONAL PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING

Ministry of Home Affairs Government of the People's Republic of Bangladesh <www.mha.gov.bd>

January 2012

FOREWORD Human trafficking is an illegal trade in human beings for the purpose of exploitation such as commercial sexual exploitation, or 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 courtiers 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 of 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 to combat human trafficking with responsibilities of implementing planned anti-trafficking activities allocated to different agencies seems inevitable. The earlier National Plan of Action 2008, which has just expired in 2011, focused basically on trafficking in women & 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 remove the weaknesses of the previous NPA. The NPA 2012 also aspires to meet the 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 the 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 & Focal Person of the Inter-Ministerial Committee against Human Trafficking Ministry of Home Affairs

TABLE OF CONTENS

FOREWORD EXECUTIVE SUMMARY 1. INTRODUCTION 1.1 The Meaning of Human Trafficking 1.2 Human Trafficking Situation in Bangladesh & Responses 1.2.1 Progresses Made in the Fight against Human Trafficking 1.2.2 The Human Trafficking Deterrence and Suppression Ordinance 2011: Salient Features & Future Challenges 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 Govt. 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 3. MATRIX OF THE PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING Bibliography Abbreviations & Acronyms 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

EXECUTIVE SUMMARY Human trafficking is a fast-growing organized crime of clandestine nature that flagrantly breaches human rights and dignity of the persons trafficked. It takes place both within and beyond a national boundary for sexual, labour, or any other form of exploitation. The complex dynamics underlying the phenomenon of human trafficking have led to both international instruments and national legislation. Bangladesh has long been maintaining domestic legal-administrative schemes of actions 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) in a single document provides for a template of such possible activities against human trafficking in a given state. The National Plan of Action 2012-2014 for Combating Human Trafficking is an essential tool for defining responsibilities of key stakeholders in the fight against human trafficking in Bangladesh, both internal and cross-border. It adopts a holistic approach towards the problem of human trafficking, sets realistic timeframes and outcome-indicators for each activity, makes a generalized indication of source of resources, and provides for a results-bound coordination, monitoring & evaluation system. The NPA 2012 draws upon the experiences/achievements of the previous NPA 2008 and international standards as well. The ambit of the current NPA is wider, covering all forms of human trafficking. It seeks to bring in innovations and undertakes new challenges. Especially, 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, namely: 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 2nd Part sets out the National Action Plan, beginning with an articulation of its basic principles and objectives and then outlining the core five categories of actions planned. The third Part presents a matrix of the Action Plan summarizing the activities and allocating the responsibilities for their implementation.

NATIONAL PLAN OF ACTION FOR COMBATING HUMAN TRAFFICKING 1. Introduction Trafficking of human beings is both a cause and consequence of 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 the modern day slavery, is becoming increasingly 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 the commitments and a comprehensive plan of actions against human trafficking. This Part of the present document gives an introduction to the concept of human trafficking and analyses the trafficking-situation in Bangladesh. 1.1 The Meaning of Human Trafficking Human trafficking is a complex phenomenon, the complexity often arising from the involvement of diverse national and transnational factors. Although trafficking in persons often partakes of the form or organized and cross-border crime, it also occurs within a national boundary - called internal trafficking. Human trafficking, whether internal or cross-border, is inextricably linked with forced (or fraudulent) or involuntary migration/movement of people, and the end-object of this crime is sexual, labour, or any other form of exploitation of the persons trafficked. As such unsafe/irregular migration always runs the risk of human trafficking. Human trafficking is, however, different from human smuggling in which there always is an international travel/movement and the smuggled migrant is not held at the destination country but rather is allowed to be on his or her own. 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 intra-border (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.
1

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.

As an exception, in 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 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 A significant number of "Bangladesh's trafficking victims 'consists of men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labour or debt bondage". This kind of human trafficking for the purpose of 'labour-exploitation' has been on the rise, alongside trafficking of women and children for sexual exploitation. 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'. 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 would continue to become vulnerable to trafficking. Bangladesh does not live in the state of denial, but rather 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 of 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, the Human Trafficking Deterrence and Suppression Ordinance 20115 provides the most comprehensive legislative framework for the prevention of trafficking, prosecution of human-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

3 4

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 'Ruhingya refugees' or for the purpose of 'sending' to third countries. "Many Rohingya refugees from Burma transit through Bangladesh using unofficial methods, leaving them vulnerable to traffickers inside Bangladesh and in destination countries." 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.

Bangladesh Passport Order 1973,7 the Passports Act 1920, the Passport (Offences) Act 1952,8 and the Bangladesh Labour Act 2006. 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 way of, for example, 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. Specifically, Bangladesh has assumed 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 Actions 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
7 8 9

Criminalizes the travelling from Bangladesh without holding a valid passport/travel document. Criminalizes (sections 3/11) forgery, alteration, and tampering of passports.

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.

in anti-trafficking actions/programmes and are extending their all-out cooperation to the Ministry of Home Affairs. 1.2.1 Progresses 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
12

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.

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. 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 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 It provides an inclusive and specific definition of human trafficking, meaning trafficking of men, women, or children and for the purpose of any exploitation It provides for stern punishment for the trafficking offence (death penalty when the offence is in the form of organised crime and
13

Reference s. 3 (read with s. 2(15) ss. 6 & 7.

Implementational challenges/modalities to make this definition known widely specially to LEAs, and to build more cases/prosecutions to make these provisions known widely specially to judges, LEAs, & prosecutors.

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.

10

imprisonment for life in case of other types of the crime); provides for ancillary offences (to stop demand side of HT) 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; A specialist Tribunal for the prompt trial of trafficking 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. 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/courtordered compensation & strict adherence to privacy and dignity of the victims including protection against re-victimisation & the victim's right to information). 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). To establish independent tribunals as soon 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.

ss. 21-22, 27-30

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 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. Police is provided with wide power of (timelined) investigation. Police can initiate preventive searches/inquiry, and can go abroad for the purpose of investigation. It provides for the creation of a central AntiTrafficking Fund ss. 19-20

to make these provisions known widely specially to the judges/PPs/ police officials and foreign missions abroad. To encourage the tribunal-judges to award fines to the criminals and to seize the assets used in the crime. to make these specially to investigators; mechanism for investigation. provisions known widely the police officials/inv AND to set out a carrying out cross-border

s. 42

A FUND has to be established at the MoHA immediately (the process of CSR by businesses may be utilized for the initiation) to build regional, national, and international platform of cooperation, to conclude bilateral treaties, and also to set out a PROCEUDRE for RRRI

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

11

Mandates special protection to women, children and persons who lack adequate working capacity New institutions (recognized). created or internalized

ss. 25, 26, 20, 32, 38 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 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 and Inter-Organizational Anti-Trafficking Committee (at the Ministry of Home Affairs) decided on March 22, 2011 in the 63rd meeting to formulate the a 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 antitrafficking 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
15

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.

12

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; 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:

16

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.

13

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.

Broadly, the objectives of the present Action Plan may be summarized as: 1. To prevent and prosecute the offences of human trafficking; 2. To 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. To develop an integrated information system comprising information about the traffickers, trafficked victims; state/social interventions & other ancillary issues; 4. To 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. To 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: Prevention of Human Trafficking, Awareness and Mobilization; Protection of Trafficking Victims/Survivors; Prosecution of Human Trafficking Offences; Development of Partnership, Participation, Co-ordination, & Cross-country Mutual Legal Assistance; Development of a Monitoring, Evaluation and Reporting System.

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 - Awareness on human trafficking prevention follows 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

14

-Sustainable reintegration for the victims initiated since their rescue and introduce/operationalize 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 Govt. 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-Generals Office, JATI; Law Commission, and all Bangladesh Missions abroad; Ministry of Food and Disaster Management (MoF&DM); Ministry of Environment; Ministry of Cultural Affairs & BFDC; Bangladesh Shishu Academy; NGO Bureau; Bangladesh Bar Council; Human Rights Commission, Right to Information Commission, Bangladesh Bank (money-laundering Unit ); BMET; Local Government Training Academy; AND

15

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; Dhaka 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 prioritise programmes 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: To 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.

16

Expected results: 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 (destitute women, deserted women with children, grossly poor, disaster-torn) 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 endevour 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 spl. desk of anti-HT 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) To 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 attachs and selected foreign mission officials on HT and safe migration.

Expected Results 1. To develop national minimum standards to provide assistance to victims/survivors of trafficking. 2. To develop a RRRI System and make it operational between India/other countries and Bangladesh.

17

3. To ensure protection of and support to victims for safe rescue, legal aid, effective rehabilitation and sustainable reintegration into society and families. 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 organised 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. 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 Organised 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 To designate and train one V & W Protection Officials in every police station To issue three Practical Instructions on what-to-do under the H..T. Ordinance 2011 each for the Judges, Police and Public Prosecutors

Expected results 1. To implemented and make effective the new H.T. Ordinance 2011 2. To enhance capacities of the law-enforcers and other actors of criminal justice for the purpose of effective prosecution of HT offences 3. To 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 Secretariat17 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 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.

17

Nepal's 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.

18

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.

Expected results 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

19

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 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 resultsbased. 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 concenred 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. 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.

(iii)

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.

20

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 uniformitarian) in awareness campaigns established; Awareness programmes/trainings follow the definition of human trafficking as per new statute, mobilise 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 the new anti-Human-Trafficking Ordinance 2011 and are aware of ways of safe migration, within and outside the country Activities Indicators Source of Verification Implementing agencies Timeframe (while reviewing/evaluating) Develop Campaign-brochure with 50,000 copies of information Sample of material MoHA will prepare with support from Y: 1 information on NPA and new HT leaflets/brochures/NPA matrix (in Distribution lists NGOs and send to all CTC, and all M: 1-6 Ordinance 2011 to be distributed Bangla language) developed and implementing agencies and to every govt. agencies distributed concerned stakeholders 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 with UN agencies, GOs, NGOs and INGOs. Y:1 M1-12

Print and electronic media materials developed At least 10,000,000 people received information through the material developed

MoHA, MoWCA, MoEWOE & MoI with UN agencies, GOs and NGOs/INGOs.

Y:1-3 M:1-36

18

The Implementation Committee (at the MoHA) under the coordination of the National Anti-Trafficking Committee will develop, manage and collect data for the database.

21

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 HT and safe migration issue in secondary school/madrasa curriculum Introduce a 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

Monthly reports on implementation of NPA Annual report on HT, Reports from implementing organizations, pictures, attendance lists

Y:1-3 MoHA, MoWCA, MoEWOE and M of Labour, each with the cooperation of UN agencies, GOs, NGOs and INGOs. M:1-36

New issues introduced in books and curricula syllabus developed 10 Universities introduce the course & 500 students enrolled 10,000 of teachers & headmasters trained 100,000 SSC-level students trained on HT & safe migration (no duplication with other data) 2,000 journalists trained HT & safe migration introduced in Journalism trainings 1,500 Gov. officials trained

Approved Books Approved Curricula Syllabus & Reports List of Universities

Y:1-2 Ministry of Education with NCTB (in coordination with MoHA, MoEWOE and other related agencies) MoHA, MoWCA and MoEWOE will initiate/coordinate Universities, NGOs & UN agencies/INGOs M:1-24 Y:1-3 M:1-36

To train/sensitize/motivate teachers, headmasters and students of schools/colleges/university, media personnel, local gov .officials on HT and safe migration

Attendance list Reports of training Training modules

Y:1-3 MoWCA, MoEWOE, MoE, & TTCs; with cooperation of UN agencies, GOs, NGOs and INGOs. M:1-36

Expected Result 2: People most at-risk (destitute women, deserted women with children, grossly poor, disaster-torn) have increased access to livelihood options Activities Indicators Source of verification Implementing agencies

22

To create/facilitate livelihood options and social protection for people most at-risk,19 and for survivors to avoid risk of retrafficking (access to labor market/I.G.A. /agricultural equipments/seed support/vocational trainings/ support to education for children of people at risk/ etc.)

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 10,000 children (6-14) from selected categories receive educational support

List of beneficiaries for seed support List of beneficiaries for vocational training List of beneficiaries securing employment List of students receiving support

MoSW, MoWCA, MoE & M of Labour, with the cooperation of UN agencies, GO/NGO/INGOs (and M/O Agriculture, MoEWOE)

Y:1-3 M:1-36

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 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 and DEMOs Goal 2: To Protect the victims/survivors of human trafficking Strategies: Multi-dimensional measures for the protection of victims/survivors all forms of human trafficking launched, expanded & strengthened; 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 Strengthen the implementation of A national standard SOP/Referral SOP MoHA (with MoWCA &MoEWOE) in Y:1-2 SOP through case management system developed List of NGOs trained cooperation of UN agencies, M:1-24 from rescue to reintegration Monitoring missions reports IGOs/NGOs/INGOs & Victim 100 NGOs trained on SOP system, (including post-rescue Support Centres, monitoring) Monitoring system established Finalize & implement Minimum
19

Guidelines/ policy finalized and

Guideline

MoSW, MoWCA with NGOs/INGOs

Y:1

People most-at-risk include single women with children, adolescent girls, ultra-poor living in disaster prone areas, or/and suffering/backward minority groups.

23

Standards of Care20 for Serviceproviders.

disseminated 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 Module List of Organisations introducing the course List of enrolled participants

& UN agencies cooperating Monitoring missions reports

M:1-12

Develop a national module for Psychosocial Counseling esp. for the survivors and introduce trainings of survivors/serviceproviders

NGOs & UN agencies/INGOs with support from Univ. Psychology Departments (MoHA will initiate/coordinate)

Y:1-2 M:1-24

Expected Result 2: RRRI System operational and monitored between India and Bangladesh and extended to other countries Widen and strengthen existing an improved & cross-cutting RRRI List of rescued victims MoHA (with IGO/NGO) / in RRRI programme and RRRI Task is in place and made efficient Report of cases cooperation with NGOs, UN force and Inter-ministerial & At least 20% rise in the rescue of Minutes of meetings Agencies, MoEWOE, MoWCA. GO/NGOs Coordination victims from other countries & an Committee 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 Develop an online alert system in Online alert system Piloted in Online alert system MoHA in cooperation with relevant exit/ border points to track selected points/ borders Reports authorities/ stakeholders / BTRC movement of migrating persons from Bangladesh Orient focal persons at MoFA, At least 1 person designated & Resolution of MOFA, MoEWOE, MOFA, MoEWOE, MoHA with the BMET, DIP, Police, with a special oriented in each Agency/ MoHA cooperation with UN agencies, desk of anti-HT actions. department Reports GOs, NGOs and INGOs.

Y:1-2 M:1-24

Y:1-2 M:1-24 Y:1 M:1-12

Expected Result 3: Protection and support to victims for safe rescue, legal aid, effective rehabilitation and sustainable reintegration ensured
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

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 HT 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 # of police officials assigned and trained as V&W protection officials 3 separate Practical Instructions framed - EACH for police, PPs, and judges21 # of V & Ws satisfied with increased support from police, courts, and PPs A fund earmarked/first-track service established AT least 300 Victims received legal aid support Standard/conditions of 15 shelter homes improved with better services 10 new shelterhomes/VSCs/OCCs established & operational

Agreements, Photos, list of people that received support reports

MoHA, MoWCA, MoEWOE With cooperation of NGOs, INGOs, UN Agencies & Local Govt., Victim Support Centers/ OCCs MoHA (PHQ) MoLJPA

Y:1-3 M:1-36

Govt. Orders Practical Instructions developed

Y: 1 M: 1-9

Earmark a fund for human trafficking cases under the District Legal Aid Committees (with easy allocation/disbursement process) Improve standards in existing shelter homes and establish new short term shelters/ transit home & Victim Support Centers/ OCCs

Govt. Order/SRO List of beneficiaries receiving the support Reports Monitoring Reports

National Legal Aid Services Org & MOLJPA (coord. by MoHA)

Y:1 M:1-12

MoWCA, MoSW with the cooperation with UN agencies, GOs, NGOs and INGOs.

Y:1-3 M:1-36

Establish transit shelter homes in destination countries for migrants and trafficked victims Orient labor attachs and selected officials in foreign missions on HT and safe migration

4 Transit homes established and operational in destination countries # of survivors receive support 1 orientation organized per year 15 labour attachs and foreign mission officials trained per year

List of shelters Photos List of people served Training module Report

MoEWOE, MoFA (with cooperation of MoHA) MoEWOE, MoFA (in coord. with MoWCA/MoHA) & with IOM

Y:1-3 M:1-36 Y:1-3 M:1-36

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
21

Practical Instructions for the judges and PPs shall be prepared by the MoJPA in an appropriate form.

25

security of V&Ws Expected Result 1: H.T. Ordinance 2011 enforced and implemented Set up special tribunals as per the anti-trafficking Ordinance 2011 Monitor, & report the prosecution of trafficking cases under the HT Ord 2011 (new legislation) Sign agreement on MLA and ratify international conventions 64 special tribunals exclusively for HT cases established 50 cases are monitored and reported each year More convictions in disposed cases achieved each year. At least 2 Agreements signed At least 2 international/regional conventions ratified/acceded Documents List of tribunals Govt. Order/Gazette List of cases filed reports of Monitoring Cells MoLJPA in coordination with M/o Finance (MoHA & MoWCA will coordinate) Monitoring cell at PHQ/Districts in cooperation with PPs & Solicitors' Wing at MoLJPA MoHA & MoFA (with AGO) Y:1-2 M:1-24 Y: 1-3 M1-26 (on a monthly basis) Y: 1-3 M: 1-36 Y: 1 (preferred) Y: 1-3 M: 1-36

Dialogue for a regional Taskforce A Taskforce (at SAARC or/and Resolutions MoHA & MoFA (or bilateral) on Organized Crimes Bangladesh-India/Myanmar) Documents including HT established Expected Result 2: Enhanced capacities of the law-enforcers/actors of criminal justice for effective prosecution Train LEAs (police at thanalevels), PPs/lawyers, & Judges on general issues of HT and on operational laws to prosecute/investigate/adjudicate trafficking cases Train BMET, DEMO officials, Arbitrators, on HT & migration, proper arbitration, prosecution of human trafficking & referrals all police stations receive training material/ with a blue book of enforceable laws 1500 police officials trained Training manual developed 600 of judges trained 900 lawyers/PPs trained 300 participants receive training Training manuals/Blue books Reports of trainings Pre and post training evaluation PHQ in cooperation with AGs Office or the MoLJPA PHQ (Academy; Staff College), Bangladesh Bar Council, & JATI, in coop. with NGOs/IGOs (technical/research support) training modules reports pre and post-training evaluations MOFA, MoEWOE, MoHA with the cooperation with UN agencies, GOs, NGOs and INGOs.

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 Provide legal aid/assistance to # victims receive legal support List of beneficiaries victims reports

Y: 1-3 M: 1-36 (on a regular basis) 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

NLASO (MoLJPA) (MoHA will coordinate) with NGOs/IGOs/GOs

26

developed & agreements on RRRI processes signed. Expected Result 1: Improved efficiency at regional level to prevent and combat HT and protect its victims more effectively Dialogue towards establishing a M&E desk at the SAARC Secretariat22 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 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) MoHA Y: 1 M: 1-9

Establish a national anti-trafficking A Fund Established and reports FUND as mandated in the new resources received according to Gazzt. notification u/s. 42 of HT anti-trafficking Ordinance for Ordinance the Ord. 2011 (also RULES) on effective implementation of the Fund Management laws, policies and also NPA 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 Frame Rules under the HT Ordinance 2011 Conduct baseline survey on HT scenario in Bangladesh Monitor & evaluate implementation of NPA Rules framed Survey conducted and findings disseminated Bi- monthly meetings Database on implementation of NPA developed and updated government SRO Survey report List of recipients of final report List of recipients of report Meeting minutes Database Reports MoHA (in coop with IGOs/INGOs/NGOS) MoHA, MoWCA in cooperation with NGOs/IGOs, UN Agencies Sub-Committees (National AntiTrafficking Committee: GO-GO and GO-NGO Committees) Y: 1 M: 1-9 Y: 1-2 M: 1-15 Y: 1-3 M: 1-36 (regular)

22

Nepal's latest NPA has a similar activity/target. Sri Lanka, too, has a similar type of planning. Also, the plan of expanding the SAARC antitrafficking convention is being actively considered.

27

Mid-term evaluation Report/Final Assessment; Reports disseminated Bi-annual meetings Coordinate with the Taskforce and monitoring cell at the MoEWOE (for increased or new actions/initiatives). To conduct end-of-the term survey on HT scenario in Bangladesh # Joint actions to check fraudulent practice of fake recruiters and fraudulent recruitments Survey conducted & findings disseminated Meeting minutes/Reports List of agencies controlled/disciplined MoHA in cooperation with MoEWOE Y: 1-3 M: 1-36 (regular)

Survey report List of recipients of final report

MoHA, MoWCA, MoEWOE in cooperation with NGOs/IGOs, UN Agencies

Year: 3rd M: 30-36

28

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, 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. Government of Bangladesh. 2011. The National Child Labour Elimination Policy, 2010. Labour and Employment. Dhaka: MoWCA. Dhaka: Ministry of including

29

ABBREVIATIONS & ACRONYMS AGO BGB BNWLA CEDAW CWCS DC DEMO DIP DLAC HT IGA IGO/IO ILO IOM INGO JATI LEAs MoLE MoA MoE MoEWOE MoFA MoF MoHFW MoHA MoI MoICT MoLJPA MoLGRDC MoP MoPME MoRA MoSW MoWCA MoCAT MoFDM MoYS NATSPA NLASO NPA NGO OC OCC PHQ PP PPP SAARC SP SPP UP RRRI SoV V&W Attorney-Generals Office Bangladesh Border Guards Bangladesh National Women Lawyers Association Convention on the Elimination of All Forms of Discrimination Against Women1979 Centre for Women and Children Studies 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 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 National Plan of Action Non-Governmental Organization Officer-in-Charge One-stop Crisis Centre Police Headquarters Public Prosecutor Public-Private Partnership South Asian Association for Regional Cooperation Superintendent of Police Special Public Prosecutor Union Parishad Rescue, Recovery, Repatriation and Integration Source of Verification Victims & Witnesses

30

VAW VoT TIP CRC SOP CSR CTCs BAIRA BGMEA BTMC TMSS TTC BMET VSC MLA M&E BTRC PS SRO

Violence Against Women Victims of Trafficking Trafficking in Persons The United Nations Convention on the Rights of the Child 1989 Standard Operating Procedure Corporate Social Responsibility Counter-Trafficking Committees

Teachers Training College/s Victim Support Centre/s Mutual Legal Assistnace Monitoring and Evaluation Bangladesh Telecommunication Regulatory Commission Police Station (Thana) Statutory Rules and Order

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

23

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)).

32

12. States shall adopt appropriate legislative and other measures necessary to establish, as criminal offences, trafficking, its component acts2 and related conduct.3 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.

2 3

Footnote omitted. Footnote omitted.

33

Annex 2: The Inter-Ministerial Committee against Human Trafficking & the NPA 2012 Drafting Committee

34

Annex 3: List of National and District-level Consultative Workshops & Their 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 CWCS/ WI WI / Proyas CWCS/ WI WI / ACD BNWLA/ WI IOM CWCS/ WI The Components of NPA 20122014

Recommendations for NPA 2012-2014 Priorities for new NPA Strong collaboration Clear division of responsibilities Strong monitoring system Milestones of progress Increased accountability

Manikganj Chapai Narnagonj Lalmonirhat Rajshahi

17 July 2011 31 July 2011 20 July 2011 20 July 2011

Prosecution Prevention Protection Partnership/participation, Coordination, and Mutual Legal Assistance Monitoring, Evaluation & reporting

Mymenshing 21 July 2011 Sylhet Comilla 29 September 2011 25 July 2011

Borisal

25 July 2011

BNWLA/ WI

The Guiding Government responsibility and Principles 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 Implementatio Committees shall be recognized/ n Steps to be roles specified included 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

Shatkira

28 July 2011

IOM/ BNWLA

Tangail

19 August 2011

IOM

Khulna

24 August 2011

BNWLA/ WI

Coxs Bazar

13 September11

IOM

Dhaka

29th September 2011 At Hotel Purbani, Dilkusha, Dhaka.

Ministry of Home Affairs/ Winrock International

35

Annex 4: Constitution and the Rules Guiding of the Counter-Trafficking Committees

gvbe cvPvi cwZiva KwgwU

MVb I bxwZgvjv

h_ D`vM: ^iv gYvjq I AvRvwZK Avwfevmb msv (AvBIGg) AvwjK Kvhvjq, XvKv gvP 2011

36

K)

Rjv gvbe cvPvi cwZiva KwgwUt m`me` c` ghv`v mfvcwZ m`m m`m

KwgwUi m`me` t wg K. 1. 2. 3. Rjv ckvmK

mycviUbWU Ad cywjk kvj cvewjK cwmwKDUi/ cvewjK cwmwKDUi (Gmwcwc/wcwc) (hviv gwnjv I wk cvPvi msv gvgjv cwiPvjbv KiQb) Rjv gwnjv welqK KgKZv Rjv mgvR mev KgKZv Rjv Z_ KgKZv wewRwe Gi cwZwbwa Avbmvi-wfwWwc Gi cwZwbwa wmwU Kcvikb/cimfv Gi cwZwbwa (wefvMxq Rjvq) welq mswk emiKvix msvmg~ni cwZwbwa (wWwm KZK gbvbxZ mevP 5wU msv) mKj DcRjv wbevnx KgKZv (BDGbI) cm Kvei mfvcwZ Rjv wkv KgKZv wmwfj mvRb Dc cwiPvjK, ^v I cwievi KjvY Rjv cv_wgK I MYwkv KgKZv Dc cwiPvjK, Bmjvgx dvDkb Dc cwiPvjK, hye Dbqb Awa`i Rjv evi [mwgwZ]24 mfvcwZ Rjv cywjk gwbUwis mj cavb DEMO (District Employment and Manpower Office) cavb wk GKvWgx cavb wk GKvWgx cavb fvicv KgKZv, ij cywjk

4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.
24

m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m

The term 'KvDwj' is omitted (the author of the report).

37

25. 26. 27. 28. 29.

Aa, DP gvawgK/gnvwe`vjq (wWwm KZK gbvbxZ) Rjv cwimsLvb KgKZv vbxq MYgvb ew (wWwm KZK gbvbxZ mevP 2 Rb) GjvKvi mKj Ggwc Rjv ckvmb Kvhvjqi gvbe cvPvi I cevmx KjvY W KgKZv

m`m m`m m`m Dc`v m`m mwPe

L)

Rjv gvbe cvPvi cwZiva KwgwUi Kgcwiwa t

wg Kgcwiwa K. 1. bvix I wk cvPvi msv gvgjv `Z wbtwi j gvgjvmg~n gwbUi Kiv; 2. cvPvi welqK Kmmg~n cwZ gvmi CTC mfvq weklY KiZ ne; gvbe cvPvi cwZiva cqvRbxq c`c wbZ ne; Rjv chvq cvPvi cwZiva cywjk gwbUwis mj-Gi mv_ mg^q mvab KiZ ne; mevcwi cywjk gwbUwis mj-Gi mnhvwMZv Rvi`vi KiZ ne; 3. mgvRi mKj ii RbmvavibK mPZb Kivi Rb evRvi mfv Ges nZ`wi` bvix I wKkvix`i AskMnY DVvbeVK AvqvRb Kiv; 4. cvPvii wfKwUg Dvi, mvi c`vb, c~bevmb I Zvi djvAvc Kvhg gwbUwis Kivi Rb BDwbqb cwil`K m Kiv I wewfb emiKvix msvmg~ni mv_ mg^q Kiv; 5. mPZbZv ewg~jK Kvhgjv evevqb Ges cheYi Rb Rjv chvq Z_ AwdmwjK m KiZ ne; 6. cvPvii SzwuKc~Y GjvKvwj wPwZ Kiv Ges RxweKvqb mnvqZv Kivi Rb hye I eKvi RbMvxK `Zv ewg~jK cwkY c`vb miKvi I vbxq GbwRI`i Kvhg MnY KiZ ne; 7. cvPvi cwZivag~jK Kvhg chvjvPbv I mg^q Ki cybivew Govbvi Rb Kkj wbaviY KiZ ne; 8. AwbqwgZ Awfevmb ivai Rb cvmcvU AwdmwjK bxwZgvjv (guideline) c`vb KiZ ne; 9. c~ei mfvi Kvh weeibx, ew, wefvM ev msvi mv_ chvjvPbv Ki cieZx Kg cwiKbv cZ KiZ ne; 10. DcRjv chvqi AvjvP welqmg~n Rjv chvqi mfvq GRvq Af~ Kiv; 11. GB KwgwU hKvb m`m mshvRb KiZ cvie; 12. cwZ gvm GKevi mfv AbywZ ne| mg^q mfvi mv_ bq, c_K w`b CTC 38

mfv AbywZ ne|

39

M)

DcRjv gvbe cvPvi cwZiva KwgwUt

KwgwUi m`me`t wg K. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. m`me` DcRjv wbevnx KgKZv (BDGbI) DcRjv ^v I cwievi KjvY KgKZv fvicv _vbv cywjk KgKZv DcRjv cjx Dbqb KgKZv DcRjv Avbmvi I wfwWwc KgKZv DcRjv mgvR KjvY KgKZv DcRjv wkv KgKZv DcRjv hye Dbqb KgKZv mKj BD.wc Pqvigvb gvawgK we`vjqi cavb wkK cwZwbwa (BDGbI KZK gbvbxZ) DcRjv Kwl KgKZv cv_wgK we`vjqi cavb wkK cwZwbwa (BDGbI KZK gbvbxZ) Dcew cK KgKZv (gvawgK wkv) cm Kvei mfvcwZ/mv`K GbwRI Gi cwZwbwa (GK ev GKvwaK BDGbI KZK gbvbxZ) agxq cwZvbi cavb (BDGbI KZK gbvbxZ) gv`vmvi wcwcvj/mycvi (BDGbI KZK gbvbxZ) wewRwe Gi cwZwbwa (mxgveZx DcRjvq) DcRjv fvBm Pqvigvb (gwnjv) DcRjv cv_wgK wkv KgKZv DP gvawgK/gnvwe`vjqi Aa ev cwZwbwa emiKvix msvmg~ni cwZwbwa gqi (cimfv) BDwbqb cwil`i gwnjv m`me` 40 c` ghv`v mfvcwZ m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m Dc`v

25. 26. 27.

DcRjv cwil` Pqvigvb vbxq MYgvb ew (BDGbI KZK gbvbxZ mevP 2 Rb) DcRjv gwnjv welqK KgKZv/mgvRmev KgKZv

Dc`v Dc`v m`m mwPe (hLvb gwnjv welqK KgKZv AbycwZ, mLvb mgvRmev KgKZv `vwqZ cvjb Kieb)

N) DcRjv gvbe cvPvi cwZiva KwgwUi Kgcwiwat wg K. 1. 2. 3. 4. Kgcwiwa cwZ gvm KwgwUi GKwU mfv AvqvRb Kiv; gvwmK j wbavib Ki Kg cwiKbv wbavib Kiv Ges cieZx gvm mvdj chvjvPbv Kiv; BDwbqb, DcRjv chvq Kvhg chvjvPbv Ki Rjv chvq mg^qi Rb wicvU ck Kiv; mswk `img~n gvbe cvPvi I AwbqwgZ Awfevmb cwZiva MwnZ Kvhgmg~n h_vh_fve Kivi cqvm wbeb| KwgwUi mfvq DcwZ nq MnxZ c`c chvjvPbv I mg^q Ki cybivew Govbvi Rb Kkj wbaviY Kieb; CTC mfvq AvjvwPZ welqmg~n DcRjv chvq gvwmK Dbqb I mg^q mfvq (Development Committee) Af~ Kiv; gvbe cvPvi cwZiva mPZbZv ewg~jK Kvhg evevqb Ges cheYi Rb Rjv chvq Z_ Awdm, wk, hye, mgvRmev, wkKjv, gwnjv welqK KgKZv, Migrant Resource Centers (MRC) I District Employment and Manpower Office (DEMO) wjK m I mg^q Kiv; gvbe cvPvi cwZiva MnxZ Kvhg gwbUi Kivi Kkj wbicb (BbwWKUi wbavib I wicvwUs digU BZvw`) Kieb; gvbe cvPvii wfKwUg`i c~bevmbi Rb miKvii md MvW cwjwm Abymvi Zv`i wbivcv weavb Kiv, wfKwUg`i Av_-mvgvwRK c~bevmbi Rb MnxZ Corporate Social Responsibility (CSR)/Public Private Partnership (PPP) Ges vbxq Dbqb D`vM msv Kvhgi ga mg^q mvab Kiv; Z_ c`vbi Rb BDwbqb chvq Z_ mvi/K` (Data Bank) vcb Ges Z_ msiY Kiv, hvZ cqvRbxq Z_ msMn Ki wewfb vbxq ccwKvq Zv cKvk, cPvi, Abvb Kvhg Mnb Kiv| (DcRjv cwimsLvb KgKZv KvhKi I wbfihvM Z_ cPvi I cKvki 41

5. 6.

7. 8.

9.

10.

11.

12. 13. 14. 15.

16. 17.

`vwqZ wbZ cvib|); gvbe cvPvii Z_mg~n cPvii Rb miKvix I emiKvix msvmg~ni mg^q RvZxq I AvRvwZK chvqi wekl w`emmg~n cvjb Kiv, Ges ivjx I mvswZK Abyvbi gvag welqwj Zzj aiv; BDwbqb KwgwU _K cv Z_vejx chvjvPbv Kiv Ges cvPvi, Dvi, AcniY Ges wbLuvR msv Kvb NUbv NUj m evcvi cqvRbxq c`c MnY Kiv Ges GKB Z_ Rjv KwgwUK ciY Kiv; vbxq chvq mPZbZv ewi Rb zj, KjR, gv`vmv I agxq cwZvb cvPvi welqK Z_ c`vb Ges AvjvPbvq Dy Kiv; gvbe cvPvi msv NUbvq mswk KgKZv KZK ZvrwYK eev Mnb; `Z Z_ Av`vb c`vb Kivi Rb KwDUvivBRW Z_ mvi ivLv hZ cvi; cwZ gvm GKevi mfv AbywZ ne (2q mvn, wWwm KZK wbavwiZ w`b) CTC mfv AbywZ ne| mg^q mfv mv_ bq, c_K w`b| mfv AbywZ nevi wZbw`bi ga KvhweeiYx Rjv ckvmKi `i ciY KiZ ne| mfvi wmv Abyhvqx mswk `img~nK Kvh cwiKbv Mnb I evevqbi Rb miKvix Av`k (GO) c`vb Kiv ne; cvPvi cwZiva MnxZ D`vMi evrmwiK cwZe`b Kiv; GB KwgwU hKvb m`m mshvRb KiZ cvie|

42

O)

BDwbqb gvbe cvPvi cwZiva KwgwU t

KwgwUi m`me` t wg K. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. m`me` BDwbqb cwil` Pqvigvb msiwZ gwnjv Avmb wbevwPZ BDwc m`m mKj BDwc g^vi BDwbqb mgvRKgx (mgvRmev Awa`i) DcRjv Kwl DcmnKvix KgKZv cwievi KjvY cwi`kK (cwievi-cwiKbv Awa`i) Avbmvi I wfwWwc BDwbqb wjWvi cv_wgK we`vjqi wkK cwZwbwa (DcRjv wkv Awdmvi KZK gbvbxZ) gvawgK we`vjqi wkK cwZwbwa (DcRjv wkv Awdmvi KZK gbvbxZ) agxq cwZvbi cwZwbwa (Pqvigvb KZK gbvbxZ) KgiZ GbwRI cwZwbwa (Pqvigvb KZK gbvbxZ) KwgDwbwU cywjk Gi cwZwbwa vbxq wewk ew (Pqvigvb KZK gbvbxZ 2 Rb) KvwR (gviR iwRvi) ^v cwi`kK mxgveZx GjvKvq wewRwe Gi cwZwbwa gnvwe`vjqi wkK cwZwbwa (DcRjv wkv Awdmvi KZK gbvbxZ) BDwbqbi Awaevmx mvsevw`K cwZwbwa BDwbqb cwil` mwPe c` ghv`v mfvcwZ m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m m`m mwPe

43

P)

BDwbqb gvbe cvPvi KwgwUi Kgcwiwa t

wg KwgwUi Kgcwiwa K. 1. BDwbqb chvq vbxq miKvix I emiKvix msvi mnvqZvq Kgc GKwU DyKiY mfvi AvqvRb Kiv Ges BDwbqb chvq cvPvi weivax Kvhg chvjvPbv Kiv; 2. vbxq KvejvK/ BDwbqb cwil` mfvKK fby wnmve eenvi Kiv; 3. BDwbqb cwil`i gvwmK mfvi GRvZ bvix I wk cvPvi cwZiva welqwU Af~ Kiv I wbqwgZ AvjvPbv Kiv; gvwmK Kvh cwiKbv cZ Ki ew Ges `jxq (group) chvq `vwqZ wbavib; 4. iZc~Y nvU-evRvi, Ljvi gvV I RbmgvMg vb mfv-mgvek, RvixMvb, bvUK cfwZ AvqvRb Kiv; 5. IqvW nZ`wi` I eKvi hye (hyeK I hye gwnjv) mgvRi Kgmsvbi D`vM bqv; 6. cvPvii wkKvi mswk ev DviKZ bvix/wk wfKwUg`i cybevmb I `vwi` wegvPb AMvwaKvi wfwZ mnhvwMZv c`vb Kiv; 7. Qv-wkK I GjvKvi RbMYi AskMnYi gvag ivwj, mgvek AvjvPbv mfv BZvw` AvqvRb Kiv; 8. AvjvPbv mfv I Kgkvjvq vbxq msm`-m`m/DcRjv wbevnx KgKZv, GjvKvi MYgvb miKvix KgKZv, mevg~jK msMVbi cavb, DcRjv PqvigvbK AwZw_ wnmve AvgY Rvbvbv; 9. IqvW nZ-`wi` bvix I wKkvix`i BDwbqb cwil` KZK cwiPvwjZ wewfb cK Af~wi D`vM bqv Ges wewfb msv KZK cwiPvwjZ Kvhg gwbUwis Kiv; 10. gvbe cvPvi, wbLvuR, AcniY Ges Dvi msv Z_ msMni Rb BDwbqb cwil`i D`vM GKwU iwRvi eB/ KwDUvivBRW Z_ mvi Pvjy Kiv; 11. mxgv GjvKvi gvbe cvivcvii Aea c_ (NvU) cwiPvjbvKvix I `vjvj`i wPwZKiY Ges cZK gvm DcRjv wbevnx KgKZvi wbKU wicvU c`vb Kiv; 12. PvKzixi Rb we`k Mgbi BDwbqb cwil`i AbygwZ msv cZqb ci evaevaKZv ivLv| G mswk ew hvi gvag hvQ, Zvi bvg (`vjvj/wiwUs GRw), Kvb `k hve Zvi bvg Ges A_bwZK jb`b msv Z_ PqvigvbK RvbvZ ne| hvZ cieZxZ Pqvigvb G evcvi cqvRbxq f~wgKv MnY KiZ cvi; 13. cwZ gvm gvbe cvPvi cwZiva KwgwUi (CTC) mfv c_Kfve gvmi 1g mvn Kiv Ges GB mfvq Pvj, cvemg~n I mycvwikmg~n chvjvPbv Ki DcRjv chvq cwZe`b ciY Kiv; 14. GB KwgwU Mvg chvq gvbe cvPvi cwZiva QvU QvU `j/Mc (IqvW KwgwU A_ev KwgDwbwU Kqvi KwgwU) MVb Kie; 15. D`vM MnbKvix KwgwU m`mK ^xKwZ c`vb Kiv ne hvi gvag BDwbqb chvq cvPvi cwZiva Kvhg MnYi D`vMx nZ 44

16. 17.

18. 19.

AbycvwYZ ne; gvbe cvPvi msv NUbvq mswk KgKZv KZK ZvrwYK eev Mnb; mswk `img~n gvbe cvPvi I AwbqwgZ Awfevmb cwZiva MwnZ Kvhgmg~n h_vh_fve Kivi cqvm wbeb| KwgwUi mfvq DcwZ nq MnxZ c`c chvjvPbv I mg^q Ki cybivew Govbvi Rb Kkj wbaviY Kieb; emiKvix msvjvi mnvqZvq wfKwUg`i Dvi Ges cybevmb cwqv mv`b Kiv; BDwbqb chvqi wewfb Dbqb Kvhg AwZ `wi` cyil, bvix I wKkvix`i Af~ Kiv Ges Gi Kvhg chvjvPbv Kiv|

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