Reviewing the views
Some considerations on TIP report 2009
Advocate Salma Ali
THE civil society actors, specially the members of Action against Trafficking and Sexual Exploitation of Children (ATSEC), Bangladesh Chapter are deeply shocked by the fact that USA has placed Bangladesh on the Tier-II watch-list in its Trafficking in Persons (TIP) Report (2009).
On September 9, 2009 the representatives of members of ATSEC Bangladesh Adv. Salma Ali (BNWLA), Mr. AKM Masud Ali (INCIDIN Bangladesh), Mr. Binoy Krishno Mollick (Rights Jessore), Ms. Afroza Parvin (NUS) held a press conference to express their opinion and opposition to the new placement of Bangladesh on US TIP Report at the National Press Club.
The Country report mentioned, “Bangladesh does not fully comply with the minimum standards for the elimination of trafficking”. At the conference it was noted that the report has failed to take note the efforts of GOB in developing methods, tools and skills to combat trafficking in persons. This has been reflected in the TIP report prepared by MoHA of GOB. Although Bangladesh has made significant progress in combating the mode of trafficking mostly addressed by the global and national actors (i.e. trafficking for sexual exploitation), the TIP report has undermined it by stating Bangladesh has made, “Only some progress in sex trafficking”. The TIP report also mentions, “Bangladesh did not demonstrate sufficient progress in criminally prosecuting and convicting labor trafficking offenders, particularly recruiters”. However, Bangladesh has carried out numerous capacity building efforts and logistics (shelter etc.) along with some prosecutions.
The recent TIP report has failed to recognize the following GOB achievements-
* According to government record, total of 11 cases of labour trafficking had been filed. The government had received total of 1 judgment of labour trafficking cases in February 2009. (Source: Police Report)
* Apart from that, the Labour wings of different Bangladesh's missions in different destination countries had taken steps for criminal prosecution for labour steps for criminal prosecution for labour trafficking offences. For example: In Jeddah of Soudia Arabia, the labour wing of Bangladesh Mission had filed total of 372 cases in labour court and 347 cases in shariah court. In Riyadh of Saudi Arabia, total of 131 cases filed under shariah court (Source: MOEWOE 2008 annual report)
* In 2008, the government had suspended 13 recruiting agencies licenses also along with cancellation of licenses of 25 recruiting agencies. (Source: MOEWOE)
* The government had instituted total of 145 trafficking case in 2008 and 29 cases during January-March 2009. Total of 20 cases ended in conviction in 2008 and 09 cases ended in conviction during Jan-March 2009; 43 numbers of accused convicted in 2008 and 11 numbers of accused convicted during Jan-March 2009; 17 numbers of cases ended in acquittal in 2008 and 10 in 2009, 39 numbers of accused acquitted in 2008 and 11 accused acquitted in 2009, 37 numbers of cases disposed and 10 disposed in 2009, 32 received life term imprisonment in 2008 and 14 in 2009 (Source: Police Record)
* The government had received total of 1010 complaints in 2008 and 414 complaints in 2009 (up to March 2009); settled 745 complaints among 1010 in 2008 and 172 among 414 in March 2009; realized compensation against total of 90405600 BDT in 2008; total of 571 numbers of complaints are in process of inquiry up to March 2009; 13 recruiting agencies license suspended, 25 recruiting agencies licenses cancelled & 11 cases has been instituted in relates to labour trafficking and 1 judgment had received in Feb. 09.
* Apart from that, the Government brings out a country report every year, which depicts the human trafficking situation of the country. Ministry of Home Affairs has developed a motivational policy, which allows the government of have Anti-trafficking committees from the grassroots level up to National level Ministry of Home Affairs had formulated a National Plan of Action of Combating Trafficking in Women and Children in 2008, which reflects series of efforts of GOB in combating Trafficking in Women and Children.
Although more is needed do be done, it cannot be concluded that no significant effort has been made to address trafficking by Bangladesh. On the contrary some significant achievements has been made as listed above. The TIP report has stressed on “Labour Trafficking” which at national and regional civil society level are an issue of concern. ATSEC together with the Government of Bangladesh has already proposed to develop legal tools to bring the fraudulent recruitment agents under a stricter legal regime. Moreover, the issue of “irregular migration”, “smuggling in persons” should be separated from “labour trafficking”. And the legal tools should be devised so that along with trafficking, the migration wrongs (i.e. irregular migration and smuggling in migrants) are also addressed. The US TIP report has largely failed to distinguish between migration wrongs and trafficking.
Presently the members of ATSEC along with the other civil society actors, who are in this social movement, feel that prosecution is not the only way of combating trafficking. The on going work on awareness raising, mobilization and capacity building from community level to national level requires no less (but arguably more) importance. The government of Bangladesh should not be pushed away from the cause of combating trafficking for sexual exploitation of women and children by the emerging call of combating “labour trafficking”. The issue of labour trafficking should be addressed with acknowledging the achievements and carrying forward the experience of fighting trafficking of women and children for sexual exploitation.
The participants of the conference recommended calling on US State Department to upgrade the status of Bangladesh on the ranking of the recent TIP Report. And also call on the government to continue with a long-run stable strategy to combat trafficking in persons without making any haste change in pace and position under any foreign pressure. The government ought to continue the positive engagement with national civil society to develop and implement policies, laws, measures and interventions to combat the crime of human trafficking.
Advocate Salma Ali is the Chairperson of ATSEC Bangladesh.
