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Viewing cable 08DHAKA290, EMBASSY DHAKA INPUT TO EIGHTH ANNUAL TRAFFICKING IN PERSONS

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Reference ID Created Released Classification Origin
08DHAKA290 2008-03-04 11:23 2011-08-25 00:00 UNCLASSIFIED Embassy Dhaka
VZCZCXRO4495
RR RUEHBI RUEHCI RUEHDE RUEHTRO
DE RUEHKA #0290/01 0641123
ZNR UUUUU ZZH
R 041123Z MAR 08
FM AMEMBASSY DHAKA
TO RUEHC/SECSTATE WASHDC 6378
INFO RUEHAD/AMEMBASSY ABU DHABI 0961
RUEHTA/AMEMBASSY ALMATY 0120
RUEHAM/AMEMBASSY AMMAN 0096
RUEHAH/AMEMBASSY ASHGABAT 0200
RUEHGB/AMEMBASSY BAGHDAD 0024
RUEHEK/AMEMBASSY BISHKEK 0090
RUEHLM/AMEMBASSY COLOMBO 8336
RUEHDO/AMEMBASSY DOHA 0204
RUEHDBU/AMEMBASSY DUSHANBE
RUEHIL/AMEMBASSY ISLAMABAD 2062
RUEHKT/AMEMBASSY KATHMANDU 9561
RUEHKL/AMEMBASSY KUALA LUMPUR 0302
RUEHNE/AMEMBASSY NEW DELHI 0530
RUEHRH/AMEMBASSY RIYADH 0366
RUEHKU/AMEMBASSY KUWAIT 0249
RUEHMK/AMEMBASSY MANAMA 0194
RUEHMS/AMEMBASSY MUSCAT 0048
RUEHNT/AMEMBASSY TASHKENT 0199
RUEHTRO/AMEMBASSY TRIPOLI
RUEHUL/AMEMBASSY SEOUL 0320
RUEHGP/AMEMBASSY SINGAPORE 3017
RUEHCI/AMCONSUL KOLKATA 1185
RUEHBI/AMCONSUL MUMBAI 0297
RUEHDE/AMCONSUL DUBAI 0850
RUEHJI/AMCONSUL JEDDAH 0075
RUEAWJB/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
UNCLAS SECTION 01 OF 17 DHAKA 000290 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR: USAID, G/TIP, G, INL, DRL, IWI, PRM, SCA/RA, SCA/PB 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB BG
SUBJECT: EMBASSY DHAKA INPUT TO EIGHTH ANNUAL TRAFFICKING IN PERSONS 
(TIP) 
REPORT 
 
REF: STATE 02731 
 
 1.  This Anti-Trafficking in Persons (TIP) covers anti-trafficking 
efforts by the Government of Bangladesh (GOB) from April 2007 to 
March 2008. Paragraph two begins text. Embassy point of contact is 
Kapil Gupta, Political/Economic Officer, telephone: 880-2-885-5500 x 
2206, IVG post-code: 583, fax number: 880-2-882-3744, e-mail: 
guptak@state.gov.  Compiling the report required 68 hours at the 
FS-04 level, 16 hours at the FS-02 level, and 20 hours by USAID 
FSNs. 
 
2. Overview of Bangladesh's Activities to Eliminate Trafficking in 
Persons (Paragraph 27 from REFTEL). 
 
-- A. Bangladesh remains a country of origin and transit, especially 
for women and children, for the purposes of sexual exploitation, 
involuntary domestic servitude, and debt bondage. The caretaker 
government that took office in January 2007 has focused its efforts 
on fighting corruption and improving law enforcement. In the past 
year, the GOB focused added attention on irregularities and illegal 
practices of labor recruitment agencies that have supported possible 
labor trafficking activities. 
 
A significant number of persons (estimated to exceed 100 persons) 
from Bangladesh are trafficked internally and externally to India, 
Pakistan, Saudi Arabia, Bahrain, Kuwait, the United Arab Emirates 
(UAE), Qatar, Iraq, and other Middle-Eastern countries. No areas of 
the country are outside of the Government of Bangladesh's control, 
but law enforcement capabilities in rural areas are extremely 
limited. Bangladesh's large populations of poor and uneducated 
persons are most at risk of trafficking.  Economic vulnerability 
directly contributes to individual decisions to seek employment 
outside home communities. 
 
No comprehensive studies of the extent or magnitude of human 
trafficking in Bangladesh have been conducted for the purposes of 
statistical reporting. Information about trafficking is derived from 
law enforcement, prosecution, and victim assistance programs.  The 
GOB's Ministry of Home Affairs (MOHA) has institutionalized a 
comprehensive system for capturing information regarding its 
Trafficking-in-Persons activities.  The GOB's Ministry of Expatriate 
Welfare and Overseas Employment (MEWOE) has tracked responses to 
complaints received overseas by Bangladeshi Labor Attaches from 
expatriate Bangladeshi workers.   Additional sources of information 
include media reporting and anecdotal evidence from sources 
including NGOs, business people, and other international donors and 
diplomatic missions. 
 
-- B. In the absence of reliable human trafficking figures, it is 
difficult to characterize trends quantitatively in the trafficking 
situation in Bangladesh.  Overall, human trafficking continues to 
receive serious attention from the GOB and civil society, and public 
awareness continues to increase based on public and private outreach 
efforts.  NGO sources indicate that the trafficking of women and 
children is abating.  Simultaneously, they perceive an increase in 
the detainment of traffickers and the rescue of TIP victims. Between 
April 2007 and 10 February 2008, MOHA reports a total of 92 TIP 
victims rescued by law enforcement agencies. 
 
DHAKA 00000290  002 OF 017 
 
 
 
Victims of trafficking have been reported as being lured away from 
their home communities by false promises of marriage or employment. 
Targeted populations include the very poor, migrants, ethnic 
minorities, flood and other disaster victims, runaways, the 
illiterate, and women who have been divorced, widowed, or abandoned. 
 For child trafficking, children are kidnapped, purchased or 
received by traffickers from parents.  In some cases, trafficked 
children have traveled with a parent or guardian to their place of 
work, only to be left with the employer after a few weeks.  In other 
cases, poor parents are led to believe that traffickers may be able 
to provide better economic or educational opportunities for their 
children.  For trafficking in children, the Center for Women and 
Child Services reports that trafficked boys are generally under 10 
years of age and trafficked girls are generally adolescents between 
11 and 16 years of age. 
 
For the trafficking of male victims, established patterns of 
legitimate employment outside home villages (within Bangladesh) or 
outside Bangladesh create a positive impression of the possibility 
of earning money abroad or in other parts of the country. Bangladesh 
provides a large number of laborers to other countries, particularly 
to the Middle East and Southeast Asia.  Adding to the millions 
already working abroad, for CY 2007 the Bangladesh Agency for 
Manpower, Employment and Training (BMET) reports they processed 
832,609 workers for employment abroad, going mainly to Malaysia, UAE 
and Saudi Arabia. Expatriate labor remittances are the largest net 
source of foreign currency for Bangladesh: BMET reports remittances 
of USD 6.568 billion in 2007.  While the vast majority of 
Bangladeshi expatriate laborers work under legitimate contracts, 
some Bangladeshi laborers are trafficked.  Some are trafficked after 
arriving in their intended destination country or while in transit. 
For international labor trafficking out of Bangladesh the economic 
conditions of bondage are created initially by debts associated with 
illegal processing fees for labor contracts and visas.  Domestically 
and internationally, victims of labor trafficking have been subject 
to contract substitution and/or non-performance by the employer of 
the original contract.  Physical violence and threats has been used 
to compel involuntary labor.  Given that the GOB has just initiated 
tracking efforts on complaints of abuses received abroad from 
expatriate Bangladeshi workers, no trends on labor trafficking 
violations abroad can be stated yet. 
 
Fake birth, marriage, divorce, and death certificates are widely 
available, and few people in rural areas register births (nationally 
less than 10% of live births are registered) or marriages. Many 
Bangladeshis use at least two birth dates: the actual date of their 
biological birth event, and a fake birth-date used for official 
school records and employment purposes. Based on the ubiquity of 
fake/unverifiable feeder documents, real passports can be obtained 
for fake identities. 
 
Progress on the rehabilitation of former camel jockeys in the UAE 
continues. Since 2004, a total of 199 boys originally trafficked as 
camel jockeys have been repatriated from the UAE to Bangladesh under 
an agreement between the two governments. In the past year (2007) 1 
to 3 former camel jockeys were repatriated. (Most repatriation 
occurred in 2005 and 2006.) All but one former camel jockey have 
 
DHAKA 00000290  003 OF 017 
 
 
been reintegrated. Unofficially, since 2005, at least 32 boys have 
returned from the UAE to Bangladesh through other channels. 
 
According to GOB reports, no camel jockeys of Bangladeshi origin 
remain in the UAE.  Former jockeys report that some trafficked camel 
jockeys have chosen to stay on in the UAE and are pursuing other 
employment options, sometimes continuing in the camel racing field 
in capacities other than jockeys. (There is no evidence they are 
being re-trafficked.) The repatriation of camel jockeys and 
prosecution of traffickers involves social and psychological 
challenges: after years of living in the UAE, many jockeys are 
accustomed to a standard of living exceeding their economic 
opportunities in Bangladesh.  In one case, after years of living 
with the trafficker who took on the role of a fake mother to 
facilitate the trafficking, actual bonds of affection developed 
between a victim and the trafficker; on returning to Bangladesh the 
former camel jockey chose not to press a trafficking case against 
the mother figure. 
 
Human trafficking is commonly understood in Bangladesh as the 
trafficking of women and children.  This conceptualization 
corresponds with the SAARC anti-trafficking convention, and 
Bangladesh's main anti-trafficking legislation.  Based on these 
strong associations, there is less appreciation of the wider 
definition of trafficking as including male victims, and more 
generally the aspects of human trafficking in the form of 
involuntary or bonded labor.  According to a 2007 study by the 
International Organization for Migration (IOM) and the Daywalka 
Foundation, in June of 2007 only 27 of 586 (4.6%) trafficking 
victims recovered by the police were men (within an unspecified 
period of time).  This statistic shows that the men were recognized 
by the police as trafficking victims, but the overall 
anti-trafficking paradigm remains focused on women and children. 
 
Although Bangladesh's labor and criminal laws penalize involuntary 
and bonded labor, there remains a lack of clarity on the definition 
of certain labor abuses and labor law violations as being a form of 
trafficking.  However, the GOB's Home Ministry and Ministry of 
Expatriate Welfare made strides in the past year in accepting that 
labor law abuses and violations (including involuntary servitude and 
indentured labor) is a form of trafficking, particularly when 
associated with expatriate laborers.  Some TIP NGOs resist the 
definitional extension of trafficking into labor abuses. They argue 
that in most cases workers who sign up to go abroad are aware of the 
conditions and situations they will face, in essence claiming that 
out of economic necessity expatriate workers are forewarned and 
functionally consent to the conditions associated with trafficking. 
 
 
-- C. The lead Government of Bangladesh agency on 
trafficking-in-persons is the Ministry of Home Affairs (MOHA), which 
closely coordinates and oversees the Monitoring Cell for Trafficking 
in Persons (physically located in the police headquarters).  The 
Ministry of Expatriate Welfare and Overseas Employment (MEWOE) is 
responsible for the licensing of labor agencies and places labor 
attaches in designated GOB diplomatic missions. 
 
The MOHA Secretary met monthly with NGOs working on anti-trafficking 
 
DHAKA 00000290  004 OF 017 
 
 
issues to facilitate coordination and cooperation between the 
government and civil society. MOHA continued awareness and 
motivation campaigns to combat trafficking in persons. Other GOB 
actors involved with anti-trafficking efforts include the Prime 
Minister's Office, the Ministry of Women and Children's Affairs, the 
Ministry of Law, the Foreign Ministry, the Ministry of Information, 
the Ministry of Social Welfare, the Ministry of Labor and 
Employment, the Ministry of Religious Affairs, the Ministry of 
Education, the NGO Affairs Bureau, the Department of Local 
Government, the Civil Aviation Authority, the Department of 
Immigration and Passports, the paramilitary ANSAR force, the 
paramilitary Rapid Action Battalion, the paramilitary Bangladesh 
Rifles, the Coast Guard, and the police. 
 
-- D. The GOB has taken significant progressive steps in the last 
four years to combat trafficking.  Since 2004, law enforcement 
efforts have been strengthened by the formation of the Monitoring 
Cell for Trafficking in Persons within MOHA.  The Monitoring Cell 
has effectively coordinated and advocated anti-trafficking agendas 
throughout the GOB. 
 
Bangladesh's inefficient judicial system constrains the GOB's 
ability to successfully prosecute trafficking offenses. 
Bangladesh's courts are plagued by a high case backlog and 
procedural loopholes that create significant time delays.  Lack of 
sufficient training for judges, prosecutors, and law enforcement 
agents who draft charge sheets continue to constrain the prosecution 
of trafficking cases.  These delays create situations in which 
traffickers may negotiate out-of-court settlements; for trafficking 
victims (or their families) the choice of an immediate financial 
payoff is more certain and preferable to the possibility of a court 
verdict in their favor anywhere from two to six or more years in the 
future.  Thus, the case backlog and procedural delays endemic to the 
Bangladeshi court system limit the ability of the GOB to 
successfully prosecute trafficking crimes. 
 
The GOB has sought to address deficiencies in the legal system by 
working with the International Organization on Migration (IOM), the 
Daywalka Foundation, and the US Department of Justice to provide 
training for prosecutors. In the past year, IOM trained 750 lawyers 
and prosecutors; DOJ trained 20 lawyers and 5 imams, and the 
Daywalka Foundation trained 93 lawyers and 7 judges. 
 
-- E. The Ministry of Home Affairs' (MOHA) Monitoring Cell for 
Trafficking in Persons systematically collects data on trafficking 
arrests, prosecutions, and rescues.  This information is updated on 
a monthly basis and is available to Post and other interested 
donors. One of the functions performed by the cell is coordination 
and analysis of local-level information from regional 
anti-trafficking units. These regional police units are responsible 
for monitoring local trafficking cases and assisting prosecutors in 
getting the cases to trial. 
 
District level trafficking-in-persons monitoring committees continue 
to operate in each of Bangladesh's 64 districts, headed by the 
Deputy Commissioner (the principal government officer at the 
district level). Among several other responsibilities, these local 
committees monitor selected trafficking cases and provide to Dhaka 
 
DHAKA 00000290  005 OF 017 
 
 
monthly progress reports on arrests, convictions, acquittals, and 
repatriation of trafficked victims. 
 
The GOB, under the Ministry of Home Affairs, now publishes an annual 
Bangladesh Country Report on Combating Trafficking in Women and 
Children.  The last report was published on March 15, 2007.  Post 
will provide the latest version to G/TIP as soon as it is 
available. 
 
The Ministry of Home Affairs also chairs monthly inter-ministerial 
meetings and monthly meetings with leading NGOs.  The meetings 
decide actions be taken to prevent trafficking through public 
service announcements and other outreach activities, coordinate 
victim care while moving towards minimum care standards and bring in 
other actors, as needed, to enhance the prosecution of cases. 
 
3. Investigation and Prosecution (Paragraph 28 from REFTEL). There 
has been no new anti-trafficking legislation passed in Bangladesh 
since last year's report. 
 
-- A. Bangladesh does not have a comprehensive law prohibiting 
trafficking in persons for sexual and non-sexual purposes.  The 
deficiency of Bangladesh's central anti-trafficking law is that it 
covers only women and children.  However, other provisions of 
Bangladesh's labor and criminal laws functionally cover trafficking 
offenses against men (albeit neglecting the trafficking of men for 
sexual purposes).  (NOTE: Culturally, it appears that men are not 
conceptualized as potentially being victims of either rape or sexual 
trafficking. END NOTE.) 
 
The Repression of Women and Children Prevention Act of 2000 (amended 
in 2003) criminalizes internal and external trafficking of women and 
children for both sexual and non-sexual purposes. 
 
BEGIN TRANSLATION, compiled from multiple sources: 
 
Definitions: "abduction" or "kidnapping" means whoever by forcing or 
enticing or seducing or upon false believing or threatening, compels 
any person to go from one place to another. 
 
Section 5: Punishment for trafficking of women: 
(1) Whoever sells, imports or exports, keeps in custody, lets to 
hire or buys any woman of any age with intent that such woman shall 
be employed or used for the purpose of prostitution, torture, or 
illicit intercourse with any person, shall be punished with death 
sentence or imprisonment for life or imprisonment which may extend 
to 20 years but not less than 10 years and in addition shall be 
liable to fine. 
(2) When a woman is sold, let for hire or otherwise disposed of for 
prostitution to any person who keeps or manages a brothel, the 
person who has disposed or handed over that woman, until the 
contrary is proven, shall be deemed to have sold or disposed of that 
woman for the purpose of prostitution and will be punishable with 
the same imprisonment as mentioned in subsection (1). 
(3) When any person keeping or managing a brothel, buys, hires, or 
otherwise takes possession or takes custody of woman shall until the 
contrary is proven be deemed to have bought, hired, or taken his 
possession of that woman for prostitution, and shall be punished 
 
DHAKA 00000290  006 OF 017 
 
 
with the same imprisonment as mentioned in subsection (1). 
 
Section 6: Punishment for Child Trafficking: 
(1) Whoever sells, imports or exports, keeps in custody, lets to 
hire or buys any child for an immoral or unlawful purpose shall be 
punished with the death sentence or imprisonment for life or 
imprisonment which may extend to 20 years but not less than 10 years 
and in addition shall be liable to fine. 
(2) [Not relevant to trafficking - deals with theft of newborn 
babies, and criminalized with the same penalties as subsection 
(1).] 
 
Section 7: Punishment for abduction/kidnapping women and children: 
Whoever kidnaps or abducts a women or child to commit a crime for 
any other purpose excluding that specified in Section (5) shall be 
punished with life imprisonment or a minimum of 14 years of rigorous 
imprisonment and in addition shall be liable to fine. 
 
END TRANSLATION 
 
In addition to these specific TIP provisions, prosecution of TIP 
cases draws on other sections of The Repression of Women and 
Children Prevention Act of 2000 (Amended in 2003): specifically, 
Sections 9 (Rape and Death), 10 (Torture), 18 (Investigation of 
offenses) and 20 (Trial Procedures). 
 
The Constitution of Bangladesh includes key legal protections 
contributing to TIP jurisprudence in Bangladesh: Article 18(2): the 
State shall adopt effective measures to prevent prostitution; 
Article 27: all citizens are equal before law and are entitled to 
equal protection of law; Article 28(2): women shall have equal 
rights with men in all spheres of the State and public life; Article 
32: no person shall be deprived of life or personal liberty save in 
accordance with law; Article 34(1): all forms of forced labor are 
prohibited and any contravention of this provision shall be an 
offence punishable in accordance with law. 
 
Trafficking activities generate criminal liabilities according to 
the Bangladesh Penal Code of 1860: Section 360: defines the offence 
of kidnapping from Bangladesh; Section 366 (A): procuring a minor 
girl under the age of 18 years with intent that she will be forced 
or seduced to illicit intercourse with another person shall be 
punishable with imprisonment which may extend to ten years; Section 
366(B): importation of girl from foreign country under the age of 21 
years for illicit intercourse or prostitution is punishable by a 
maximum of 10 years imprisonment with fine. (NOTE: Sections 366A & 
366B were incorporated in the Penal Code to implement the 
International Covenant for the Suppression of Trafficking in Women & 
Children, punishing traffickers of girls for prostitution. END NOTE) 
 
 
Further TIP relevant provisions of the Bangladesh Penal Code of 1860 
include the following: Section 369: kidnapping or abducting child 
under ten years with intent to steal from its person; Section 370: 
buying or disposing of any person as a slave; Section 371: habitual 
dealing in slaves punishable by a maximum 10 years imprisonment and 
fine; Section 372: selling minors under age of 18 years for purpose 
of prostitution etc, punishable by maximum 10 years imprisonment and 
 
DHAKA 00000290  007 OF 017 
 
 
a fine; Section 373: buying minors under the age of 18 years for 
purposes of prostitution etc, punishable by maximum 10 years 
imprisonment and a fine; Section 374: unlawfully compelling a person 
to labor against their will; Section 375: definition of the crime of 
rape; Section 496: punishes fraudulent or mock marriages, with a 
maximum punishment of 7 years imprisonment and a fine. 
 
Based on the facts of the case, some TIP cases can draw on 
additional prostitution-related legislation, family law and labor 
law. Under the Suppression of Immoral Traffic Act of 1933 no girl 
under 18 years of age may engage in the sex trade. According to 
Section 42 of the Children Act of 1974, no girl under 16 years of 
age either willingly or by coercion is permitted to work as a sex 
worker. Other laws used in trafficking cases include the Child 
Marriage Restraint Act (1929), the Children Pledging and Labor Act 
(1933).  For labor violations specifically, the Bangladesh Labor Act 
of 2006 is also applicable, covering issues of forced labor, payment 
of overtime, child labor, etc. 
 
In some cases of international trafficking, prosecution of the cases 
may take the form of immigration violations, in addition to, or for 
lack of a strong case under other legal provisions. Per the 
Bangladesh Passport Order of 1973, the following sections are 
sometimes used in cases where the facts fit the pattern of 
trafficking: Section 3: no person shall depart or attempt to depart 
from Bangladesh unless he holds a valid passport or travel document; 
Section 11: Whoever contravenes the provisions of Article 3 or 
knowingly furnishes false information with a view to obtaining a 
passport or uses a passport issued to another person or allows 
another person to use a passport issued to him shall be punished 
with imprisonment for a term which may extend to 6 months.  Under 
The Passport (Offences) Act of 1952, Section 3: Any person who 
forgoes, alters or tampers with any passport or uses a passport 
which he knows to be forged altered or tampered or traffic in 
passports shall be punished with imprisonment which may extend to 2 
years.  According to The Emigration Ordinance of 1982, Section 20: 
Whoever, except in conformity with the provision of this ordinance, 
emigrates or attempts to emigrate or departs or attempts to depart 
shall be punished with imprisonment for a term which may extend to 
one year. 
 
-- B. The most common sentence handed down in sex trafficking cases 
is life imprisonment, but sentences can range from 10 years of hard 
labor to death.  In the past year, MOHA reports that convictions and 
punishments for trafficking under The Repression of Women and 
Children Prevention Act of 2000 (Amended in 2003), which includes 
sex trafficking and possibly labor trafficking as well, included the 
following: 11 sentences of life imprisonment, 4 received other terms 
(likely imprisonment and fines), and no death sentences. 
 
-- C. Comprehensive statistics on the prosecution of labor abuse 
violations are not available.  Legally, the Bangladesh Labor Act of 
2006 is generally applicable domestically, while domestic labor 
trafficking violations involving women and children have been 
prosecuted under The Repression of Women and Children Prevention Act 
of 2000 (Amended in 2003). The regulation of expatriate worker 
recruitment is overseen by the Ministry of Expatriate Welfare, and 
guided by an Overseas Workers Policy adopted by the GOB in October 
 
DHAKA 00000290  008 OF 017 
 
 
2006. Prosecutions for labor trafficking violations are generally 
conducted under anti-corruption, breach of contract, and fraud 
statutes; these constitute a mix of potential civil and criminal 
liabilities. Penalties for violations generally include 
de-licensing, closure of the involved agency, forfeiture of security 
bonds, as well as fines and possible jail time. 
 
In 2007, the MEWOE and BMET continued enforcement action on labor 
recruiting agencies. In order to obtain a license, labor recruiting 
agencies must provide security deposits of 650,000 Taka (less than 
US$10,000) in the form of bank drafts or bonds to the BMET. (NOTE: 
The MEWOE is seeking to have this increased to 1.5M Taka or USD 
22,000. END NOTE.) If a recruiting company is shut down, the 
performance bonds are liquidated for payment of compensation to 
aggrieved workers, who may be victims of trafficking. Between 
January 2007 and January 2008 a total of five recruiting agencies 
were shut down, and four prosecution cases filed against labor 
recruiting agencies. (Prior to 2007, no cases were filed against 
labor recruiters.)  In March 2007, the head of the Bangladesh 
Association of International Recruiting Agencies (BAIRA) was 
arrested because his own labor recruiting company was alleged to be 
overcharging recruited laborers; he and the entire executive 
committee of BAIRA were forced to step down. 
 
-- D. Under the Repression of Women and Children Prevention Act as 
amended in 2003, the penalty for rape is a life sentence with hard 
labor, and a fine. If a rape corresponds with the death of the rape 
victim (aggravated murder), the sentence can range from mandatory 
life imprisonment to the death penalty. The penalty for sexual abuse 
ranges from three to ten years of hard labor as well as fines. 
These penalties are equivalent in severity to the crimes of 
trafficking for commercial sexual exploitation. 
 
-- E. Prostitution is decriminalized for women over the age of 18. 
(See above cited laws on prostitution, pimping, brothels, and 
trafficking.) The punishment for pimps is ten years to life 
imprisonment. The minimum age of 18 for legal female prostitution 
can easily be circumvented by false statements of age. The 
government rarely prosecuted procurers of minors (no prosecution 
data is available for this crime). Local NGOs estimated the total 
number of female prostitutes in Bangladesh to be approximately 
100,000. The UN Children's Fund (UNICEF) estimated in 2004 that 
there were 10,000 underage girls used in commercial sexual 
exploitation in the country, but other estimates placed the figure 
as high as 29,000. 
 
-- F. From April 2007 to February 2008 the GOB investigated 107 
trafficking cases, arrested 81 people on trafficking-related 
charges, and initiated 94 cases (multiple persons per case is 
possible). During this period, 29 cases were concluded. The courts 
issued 15 convictions, with 11 sentences of life imprisonment, and 4 
sentences of lesser prison terms. (Within the past year, the courts 
issued no death sentences for TIP related convictions.)  This leaves 
14 acquittals. 
 
Bangladeshi law treats certain types of cases as acquittals that in 
other jurisdictions would likely be treated as mistrials. Sources 
including MOHA and NGOs report that many TIP cases are settled out 
 
DHAKA 00000290  009 OF 017 
 
 
of court, or witnesses are not showing up in court, based on 
settlements made outside of the legal system, which are normally 
informal arrangements involving cash payments (technically, these 
arrangements are prosecutable against the person offering the 
inducements).  Since these cases are counted as acquittals, it 
distorts the reality of the number of actual findings of defendants 
being innocent.  There is no mechanism for plea bargaining in 
trafficking cases, and imposing only a fine is not a sentencing 
option. 
 
One reason out-of-court settlements (generally informal, in the form 
of cash payments) may be preferred by TIP victims is the extended 
time requirements for a full case, which can take 2 to 5 years for 
resolution, on average.  Given the possibility of extensive 
procedural delays, victims and their families may choose an 
immediate pay-off to the prospect of receiving justice many years 
later. The social stigma associated with trafficking situations is 
another reason victims may prefer a quick resolution of the case. 
 
In 2007, the GOB continued investigations and prosecution of cases 
involving labor recruiters who made knowingly fraudulent or 
deceptive offers. In early 2007, as part of a wider anti-corruption 
effort, investigators uncovered linkages between recruitment 
agencies and other corruption cases. Investigations are still 
on-going in many of these cases. Following through on investigations 
started in early 2007, between January 2007 and January 2008 a total 
of five recruiting agencies have been shut down, and four 
prosecution cases filed against labor recruiting agencies. (Prior to 
2007, no cases were filed against labor recruiters.) 
 
The Ministry of Expatriate Welfare and Overseas Employment is taking 
proactive steps to reduce opportunities for the deception and 
exploitation of expatriate workers.  When negotiating a new deal to 
send expatriate workers to South Korea, the two governments agreed 
to eliminate altogether the role of recruitment agencies and to 
instead have the Ministry of Expatriate Welfare recruit the workers 
directly. 
 
MEWOE officials note in some cases of labor trafficking abroad, 
agents may induce returnee victims to not file cases against them, 
in exchange for priority treatment and placement in "good" work 
environments, with legitimate contracts. 
 
-- G. In 2007 the GOB continued implementation of trafficking 
courses for the National Police Academy, reaching a total of 3,211 
police officers. In 2007, IOM provided TIP training for a total of 
approximately 16 Bangladeshi diplomats, and to 32 land-port 
immigration officials.  The GOB continued working with USAID to 
develop and provide specialized TIP training for police officers and 
court inspectors. 
 
-- H. The GOB coordinates with other governments in the 
investigation, repatriation and rehabilitation of trafficking 
victims: the repatriation of Bangladeshi camel jockeys best 
exemplifies a systematic cooperation effort.  The GOB and the 
Government of India are collaborating on a joint action plan to 
repatriate child trafficking victims. Bangladesh claims it has 
completed its requirements, and is now waiting for action from the 
 
DHAKA 00000290  010 OF 017 
 
 
Indian side on implementation of the plan.  Unofficially, 
Bangladeshi Police report good cooperation with India's Border 
Security Forces on issues of trafficking and cross-border movements. 
 
 
-- I. There are no pending extradition requests involving 
trafficking.  There is no constitutional provision prohibiting 
extradition.  No further progress has been reported by civil society 
groups who entered into discussions with the GOB in prior years on 
the possibility of signing bilateral TIP extradition treaties as 
part of an initiative by the South Asian Association for Regional 
Cooperation (SAARC) to combat trafficking. 
 
-- J. There is no evidence of systemic government involvement in or 
tolerance for trafficking. 
 
-- K. In the preceding reporting year, a total four cases involving 
20 government officials possibly complicit in trafficking activities 
were filed or pending.  In the past year, from these four cases, two 
cases remain pending (the other two cases did not result in formal 
charges being filed). Investigations into 20 government officials 
were conducted, out of which 10 persons were acquitted, and 10 
persons remain under investigation. 
 
In November of 2007, five employees of the Bureau of Manpower 
Employment and Training (BMET) were arrested by the RAB on 
allegations of being bribed by recruiting agencies.  While not an 
explicit trafficking violation, these arrests demonstrate resolve by 
the Government of Bangladesh in addressing corruption in the labor 
export sector. 
 
In the fall of 2007, a series of incidents involving stranded 
Bangladeshi workers occurred in Malaysia (workers would arrive in 
country and not be picked up by the company for which they were 
contracted to work).  The media reported allegations of complicity 
between members of the Bangladesh High Commission in Kuala Lumpur 
and labor agencies. To review the problems, the GOB sent a high 
level team to Malaysia to investigate the situation.  Some GOB 
officials shared with post their suspicions that bribery of High 
Commission officials had been occurring. Although insufficient 
evidence was generated for filing formal cases, the entire labor 
wing staff at the High Commission (including MEWOE officials) was 
reprimanded and replaced. 
 
-- L. GOB officials involved with TIP enforcement reported that 
Bangladesh's participants in UN Peace Keeping Operations (PKO) are 
not involved in any trafficking activities. The GOB prides itself on 
its involvement in UN PKOs, which are financially beneficial to 
individual participants and the GOB. However, Embassy sources report 
that military disciplinary processes of individuals serving on PKO 
missions have occurred in the past (no timeframe available).  No 
information is available to detail if Bangladeshi PKO troops were 
punished for trafficking related activities. 
 
-- M. Bangladesh is not a known source or destination for child sex 
tourism. 
 
4. Protection and Assistance to Victims (Paragraph 29 of REFTEL). 
 
DHAKA 00000290  011 OF 017 
 
 
 
-- A. Bangladesh is a source country for trafficking victims.  There 
are no reported cases of foreign trafficking victims being brought 
to Bangladesh. 
 
-- B. The GOB supports shelter homes and one-stop crisis centers in 
Dhaka hospitals that in cooperation with NGOs provide legal, 
medical, and psychiatric services to victims of trafficking.  Victim 
services are provided at NGO-run shelters.  Since 2004, the GOB has 
referred 659 victims of internal trafficking for such services. A 
total of five confirmed trafficking victims are currently with 
government shelters. The total number for the entire 2007 period is 
unavailable, but is likely higher. No information is available on 
the total number of trafficking victims currently in NGO homes: 
however, for NGO homes supported by USAID, an estimated 400 
trafficking victims have been assisted. 
 
-- C. The GOB does not fund NGOs to provide victim services, but 
there is good coordination and cooperation between the government 
and the NGOs. In some cases, MEWOE works with foreign NGOs to assist 
expatriate workers.  The GOB pays approximately 1.4M Taka (appx. USD 
20,000) each year for its membership in the UN-affiliated IOM. 
 
-- D. Proactive identification of persons and communities facing a 
high-risk of trafficking is conducted in response to specific 
events.  For example, following last year's Cyclone Sidr, the police 
were notified to be on the lookout for women and children who may be 
trafficked due to economic deprivation in cyclone-affected areas. 
The formal process for referring victims of internal trafficking to 
shelter homes and NGOs is through the courts, or referral by the 
police or MOHA officials. 
 
Community involvement in anti-trafficking committees and pro-active 
work done by many local governments is also essential in identifying 
at risk persons. 
 
In the case of the camel jockeys, a process was set up to send the 
boys first to a shelter in the UAE and then to one of two shelters 
in Bangladesh depending on the age and needs of the victim.  Older 
boys who wanted only vocational training went to the Dhaka Ahsania 
Mission shelter, while younger boys, boys who required Bangla 
language and culture classes and boys who were interested in 
following an academic course of study went to the Bangladesh 
National Women Lawyers Association (BNWLA) shelter. 
 
-- E. Prostitution is decriminalized for women over 18 in 
Bangladesh. However, post is aware of no specific efforts by the GOB 
to screen for trafficking victims from among women involved 
(legally) with prostitution. 
 
-- F. The rights of victims are generally respected, and women are 
not punished by the GOB for having been trafficked.  Only when no 
space is available in a shelter home will a female victim (as a ward 
of the police or court) have to stay in a jail. Since Bangladesh is 
not a destination country for trafficking, deportations and 
immigration fines do not apply. 
 
-- G. Police anti-trafficking units encourage victims and witnesses 
 
DHAKA 00000290  012 OF 017 
 
 
to assist in the investigation and prosecution of cases.  Since 
trials are rarely continuous, and even one witness's testimony may 
be heard in a handful of court sessions over a period of months, 
this type of support is important for mounting effective 
prosecutions.  Several NGOs assist and encourage victims to file 
civil suits.  However, no civil cases have been filed yet. 
Witnesses may leave the country with the permission of the court (in 
criminal cases) or by informing the court (in civil cases). 
 
Victims of labor trafficking abroad are sometimes able to get 
compensation for losses through liquidation of the recruiting 
agency's security bonds.  The MEWOE "wage earners" fund pays for 
lodging abroad and repatriation in some cases. 
 
-- H. The GOB has developed a regional witness and victim protection 
protocol in conjunction with IOM.  This protocol consists of a 
series of policies the GOB has begun implementing, including 
protections for trafficking victims and witnesses. The district 
police monitoring units cooperate with NGOs in victim and witness 
protection during the trial stage. 
 
Internationally and domestically there are government-funded 
shelters for trafficking victims.  The MEWOE operates four shelter 
homes to assist female Bangladeshi workers in Riyadh, Jeddah, Abu 
Dhabi and Dubai. They report having three more shelters in Kuala 
Lumpur, likely in collaboration with local NGOs.  Domestically, the 
Ministry of Social Welfare operates six shelters for female and 
child victims (including but not exclusive to trafficking victims). 
These shelters have a total capacity of 1900 people, and are located 
in the divisional headquarter cities of Dhaka (Tongi), Sylhet, 
Barisal, Rajshahi, Chittagong, and Bagerhat.  In addition, the 
Ministry of Women and Children Affairs operated three shelter homes 
in Dhaka: two in Lalmatia and one in Gazipur.  A current total of 
five confirmed trafficking victims are currently with government 
shelters. The total number for the entire 2007 period is 
unavailable, but is likely higher. No statistic is available on the 
total number of trafficking victims currently in NGO homes in 
Bangladesh. For NGO homes supported by USAID, an estimated 400 
trafficking victims have been assisted in the past year. 
 
Bangladesh's courts and police often refer victims of trafficking to 
non-governmental organization (NGO) run shelters. Post works with 
four NGO shelter homes: BNWLA in Dhaka, Dhaka Ahsania Mission in 
Jessore, TMSS in Bogra, and ACD in Rajshahi. At NGO shelters, 
victims typically receive a mix of individual counseling, vocational 
training, health care, and legal assistance. 
 
Labor attaches deputed from the Ministry of Expatiate Welfare and 
Overseas Employment serve in 12 Bangladeshi diplomatic missions 
abroad: Riyadh, Jeddah, Abu Dhabi, Dubai, Manama, Doha, Muscat, 
Kuwait City, Singapore, Kuala Lumpur, Tripoli, and Seoul (replacing 
Tehran).  Bangladesh's labor attaches are specially trained and 
charged with responsibility for victim assistance.  The Ministry of 
Expatriate Welfare and Overseas Employment received 445 complaints 
between January 2007 and January 2008. Of these, a total of 281 
complaints were addressed.  In this period, the total amount of 
money distributed to expatriate workers by Ministry of Expatriate 
Welfare and Overseas Employment from recruiter's security bonds and 
 
DHAKA 00000290  013 OF 017 
 
 
fines is calculated to exceed 22 million taka (approximately 
US$320,000). 
 
-- I.  In 2007 the GOB continued implementation of trafficking 
courses for the National Police Academy, reaching a total of 3,211 
police officers. Also, 32 land-port immigration officials were 
provided TIP training, in collaboration with USAID.  Training for 
government officials focuses on enhancing the capacity of law 
enforcement officers to handle TIP cases more efficiently, and to 
better protect and assist trafficking victims. The GOB provided 
specialized TIP training to its border security forces, the 
Bangladesh Rifles (reaching 7,181 members) as well as Ansar and 
Village Defense Party forces (reaching 833,778 persons). 
 
In 2007, IOM provided TIP training for 16 Bangladeshi diplomats. 
MOHA officials also conducted an all-day roundtable discussion with 
IOM on the role of Bangladeshi diplomats in combating TIP.  During 
this meeting GOB discussed a new MOFA circular entitled "Guidelines 
for Bangladesh Missions Abroad to Combat Trafficking in Persons." 
This guidance instructed its embassies and consulates on procedures 
for assisting victims of TIP, and to develop relationships with 
other ministries to help facilitation of assistance to TIP victims. 
 
 
Labor attaches are deputed from the Ministry of Expatriate Welfare 
and Overseas Employment to serve in 12 Bangladeshi diplomatic 
missions abroad: Riyadh, Jeddah, Abu Dhabi, Dubai, Manama, Doha, 
Muscat, Kuwait City, Singapore, Kuala Lumpur, Tripoli, and Seoul 
(replacing Tehran).  Bangladesh's labor attaches are specially 
trained and charged with responsibilities for victim assistance. 
Although driven by a larger agenda of helping all Bangladeshi 
expatriate workers, support and advocacy services (for making 
complaints in the host country) are also available to victims of 
trafficking. 
 
-- J. The GOB works closely with NGOs to provide medical assistance, 
shelter, and legal and psychiatric services to trafficking victims. 
Abroad, at least four shelter homes have been established by the 
MEWOE, specifically to assist female Bangladeshi workers in Riyadh, 
Jeddah, Abu Dhabi and Dubai.  At these homes expatriate workers can 
receive on an emergency basis food, shelter and arrangements for 
repatriation. In Malaysia, MEWOE reports there are three shelter 
homes for both male and female expatriate workers; these homes are 
likely partially supported by local NGOs.  In all situations, 
MEWOE's Labor Attaches are charged to provide advocacy services and 
to assist with the provision of legal assistance to workers facing 
abuses or contract disputes. 
 
The GOB's rehabilitation program for repatriated camel jockeys is 
being funded by the Government of United Arab Emirates (UAE). Since 
August of 2005, collaborative efforts between the GOB, UAE, and NGOs 
have resulted in the repatriation of 199 boys trafficked to the 
middle-east to serve as camel jockeys. The boys have been housed in 
government of NGO-run shelters, and have been provided vocational 
training and compensation packages of 104,000 taka (USD 1,500).  In 
conjunction with UNICEF, the GOB worked on a second phase to ensure 
the sustainable rehabilitation and reintegration of returned camel 
jockeys.  The second phase will address all former camel jockeys 
 
DHAKA 00000290  014 OF 017 
 
 
(since 1993), including 345 former victims who returned to 
Bangladesh prior to the 2005 repatriation program. Camel jockeys who 
suffered handicapping injuries during the period of their 
exploitation will receive compensation packages of 300,000 to 
500,000 taka (USD 4,400 to 7,200). 
 
-- K. Bangladesh has several NGOs working on TIP issues and 
assisting trafficking victims: 
-Bangladesh National Women Lawyers Association: shelter, legal, 
psychiatric services; 
-Ahsania Mission: shelter, legal, vocational services; 
-Association for Community Development: shelter and psychiatric 
services; 
-Rights Jessore: shelter and psychiatric services; 
-Savior Jessore: shelter and psycho social services; 
-IOM: training for diplomats and police, inter-agency coordination; 
-UNICEF: assisted in repatriation of camel jockeys, advocacy and 
training on trafficking issues; bilateral government activities with 
Bangladesh and India; 
-INCIDIN: child rights, shelter for street children; 
-The Daywalka Foundation: research, training, TIP policy advocacy. 
 
 
5. Prevention (Paragraph 30 from REFTEL). 
 
-- A. The GOB acknowledges the problem of trafficking in persons. 
 
-- B. The GOB continues to implement an extensive, nation-wide 
anti-trafficking campaign.  From January 2007 through December 2007, 
the GOB disseminated TIP messages in various forms, including public 
service announcements (PSAs), dramas, discussions, interviews and 
songs on the state-owned Bangladesh television (BTV), the only 
terrestrial TV channel in Bangladesh. They reported a total of 3,218 
individual spots dealing with TIP in 2007.  The GOB also used the 
state-owned Bangla Betar radio network for TIP outreach during the 
same period. (NOTE: The reported estimated radio audience of 10,534 
people for TIP outreach seems low. END NOTE) 
 
The Ministry of Religious Affairs continued anti-trafficking 
outreach in 2007 including training religious teachers on TIP issues 
(with USAID assistance, approximately 600 religious teachers were 
training on TIP); they report reaching a total audience of 364,844. 
The Ministry of Social Welfare, reported reaching a total population 
of 6,385,679 people through discussions, consultations, training, 
motivation, rallies and posters.  Ministry of Women and Children 
Affairs reached a total population of 508,406 persons with TIP 
messaging.  The Ministry of Primary and Mass Education reported 
reaching a total population of 14,602,055 persons with TIP 
messaging. 
 
The TIP Monitoring Cell reports that anti-TIP messaging was included 
in monthly public outreach sessions conducted by Superintendents of 
Police, District Commissioners, and Upazilla (county) heads in each 
of 64 districts.  Conservative estimates indicate that at least 4 
million people received TIP awareness messages through these 
outreach efforts in 2007. (Members of the Police, Bangladesh Rifles, 
ANSAR and Village Defense Parties also received anti-trafficking 
training: a total of 843,532 persons.) 
 
DHAKA 00000290  015 OF 017 
 
 
 
The GOB estimates that it reached a general public audience of 
25,860,984 people with anti-TIP messaging. Note that this estimate 
excludes mass media (TV and radio) penetration.  It also excludes 
religious teachers, government officials, police, and security 
forces who are included in training figures. 
 
 
-- C. There is a strong working relationship on anti-trafficking 
issues among government officials, NGOs, and other elements of civil 
society. Officials from various government offices collaborate in 
efforts at prevention, victim protection, and prosecutions. A joint 
government-NGO coordination committee meets monthly to report on 
progress made in combating trafficking.  The MOHA also holds a 
monthly meeting with the Embassy to provide updates on their 
anti-trafficking efforts. 
 
-- D. Since June 2004, up to December 2007, immigration and customs 
officials have stopped more than 3,800 potential trafficking victims 
at the border, mostly at Zia International Airport in Dhaka. In the 
2007 period, 682 potential trafficking victims were stopped at 
Dhaka's Zia International Airport, and one person was stopped at the 
Hili, Dinajpur land port border with India. The government 
instituted a three-stage screening process at all international 
airports.  Land border screening remains weak, though the GOB has 
begun training land-port immigration officials to sensitize them to 
trafficking issues.  The MOHA now provides updated numbers of 
potential victims stopped at the borders and analyzes them with the 
assistance of donor agencies and NGOs to try to identify trafficking 
patterns. 
 
-- E. The central mechanism for coordination and communication among 
GOB ministries and civil society representatives is a monthly 
inter-ministerial trafficking-in-persons committee meeting, 
involving all relevant GOB ministries.  Immediately following the 
internal GOB meetings, a GOB-NGO meeting occurs, which typically 
includes the MOHA Secretary, Deputy Attorney General, the TIP 
Monitoring Cell head, and representatives from other GOB ministries. 
The Home Affairs Secretary serves as the chairperson for both of 
these monthly meetings, and is the senior working-level GOB official 
on trafficking issues. 
 
Although not specifically focused on TIP issues, the GOB also has an 
Anti-Corruption Commission (ACC) which has been substantially 
strengthened under the current Caretaker Government.  The ACC has 
pursued many high level cases including against two former prime 
ministers.  Some of the cases within their purview may involve 
individuals that were engaged in labor trafficking and related 
abuses.  However, we have no definitive information on trafficking 
or labor violations as a specific charge included within any given 
corruption cases. 
 
-- F. The Ministry of Women and Children Affairs announced its 
National Anti-Trafficking Strategic Plan for Action (NATSPA) on 
February 18, 2006. However, this plan has not yet been implemented 
by MOWCA. Given this lack of progress, a separate ministry, MOHA, 
has over the past four months been working on developing its own 
action plan, the National Plan of Action to Combat Trafficking in 
 
DHAKA 00000290  016 OF 017 
 
 
Women and Children (NPACTWC).  There has been some discussion at the 
steering committee level regarding the possibility of expanding the 
scope of plan to include trafficking in men as well, which would 
then include labor trafficking issues in addition to sexual 
trafficking. 
 
-- G. Post is not aware of any actions taken by the GOB to reduce 
the demand for commercial sex acts.  However, the Constitution of 
Bangladesh includes the provision of Article 18(2): the State shall 
adopt effective measures to prevent prostitution. 
 
-- H. Bangladesh is not a known source or destination for child sex 
tourism. 
 
-- I. The GOB reported that troops and police selected for PKO 
missions receive additional training on proper conduct while abroad. 
 
6.  Heroes 
 
Post nominates the Government of Bangladesh's TIP Monitoring Cell, 
which effectively supports both anti-TIP field activities and 
continual improvement in the policy and strategic approach to TIP 
issues in Bangladesh. On behalf of the 9 officers serving in the 
cell, post submits the name of the head of the Cell and the deputy: 
 
Mr. Mozammel Hossain (President Police Medal), Assistant Inspector 
General, Crime 1 & 3, Direct In-Charge of the Cell, has been leading 
the TIP Monitoring Cell since December 2005. 
 
Ms. Sabiha Khanam, Assistant Superintendent of Police (ASP). She has 
been with the TIP Monitoring Cell since its formation in 2004. 
Before joining the cell she served as Inspector at the Women and 
Children Repression Prevention Cell in the Police Headquarters. 
 
There are seven other police officers in the Cell who assist in 
collecting TIP data from the local levels and with coordinating 
other GOB TIP activities. 
 
7. Best Practices 
 
The establishment of national TIP Monitoring Cell at the Police 
Headquarters in Bangladesh should be considered a best practice. 
Since 2004, the Cell has collected, maintained, and monitored data 
on all trafficking cases in Bangladesh. The Cell has also conducted 
coordination activities. 
 
The TIP Monitoring Cell monitors the movement and arrest of 
criminals involved in human trafficking, rescue, recovery and 
rehabilitation of TIP victims, prosecution of TIP cases and the 
progress of disposal of TIP cases. The Cell coordinates TIP 
prevention activities by relevant agencies at airports and the 
land-ports. Police monitoring units at each of the 64 district 
headquarters provide on a daily basis the central Cell with TIP 
statistics including progress on arrests, adjudication of cases, 
sentences for convicted traffickers and status of rescued victims. 
The Cell compiles and prepares periodic reports for the Ministry of 
Home Affairs and other TIP committees. 
 
 
DHAKA 00000290  017 OF 017 
 
 
This centralized monitoring effort directly enables focused 
management of law enforcement on TIP issues.  The reporting process 
creates an incentive for anti-TIP action at lower levels and 
highlights its importance.  By serving as a source for current data 
on TIP trends, the TIP Monitoring Cell also enables better policy 
formation and high-level decision making. The Monitoring Cell model 
is replicable for inducing concerted action on any law-enforcement 
issue requiring inter-ministerial coordination (for example, child 
labor.) This model could also be assessed for potential replication 
in other countries.