Despite decades of relentless efforts by state and non-state actors—including ministries, law enforcement agencies, NGOs, and donor organisations—modern slavery and human trafficking (MSHT) continue to be a stark reality in Bangladesh.
This article aims to shed light on the current state of MSHT in the country by examining its evolution over the past five years, identifying its primary forms, key perpetrators, and main driving factors. It will also introduce readers to the existing legal framework to combat MSHT, point out the key barriers that have hampered its implementation, and offer recommendations for its improvement.
How MSHT has evolved over the last 5 years
According to the 2023 Global Slavery Index (GSI), Bangladesh ranks among the countries with the highest rates of modern slavery in Asia and the Pacific where it ranks 9th out of 27. At the global level, it is 56th out of 160 countries. It is estimated that 1.2 million people in Bangladesh were living in modern slavery in 2021 on any given day.
Although the latest data from the index presents a grim picture, a comparison with Bangladesh’s position in the GSI in 2018 shows that it has made some progress over the years. In 2018, it ranked 19th among 28 countries in Asia and the Pacific and 92nd globally among 167 countries, with approximately 592,000 people living in modern slavery.
Primary forms, key perpetrators, and main driving factors
The primary forms of MSHT in Bangladesh include: (a) forced labour in various sectors such as RMG, construction, agriculture, ship-breaking industry, and restaurant and hospitality industry; (b) sexual exploitation; (c) domestic servitude; (d) organ removal; (e) forced / sham marriage; (f) begging; and (g) debt bondage.
Perpetrators come from diverse backgrounds, including both locals and foreigners, and possess varying levels of education and skills. They function solely on their own, or in small teams of individuals or within larger, more structured organisations. Also, perpetrators often disguise themselves as legitimate businesses, including employment agencies, travel agents, and hotel management.
The main driving factors include poverty and limited economic opportunities, climate change-induced environmental disasters, socio-political instability, harmful traditional practices, high youth unemployment rates, and an excessively complex visa and work permit application process.
Legal framework, its limitations, and recommendations
The legal framework governing this issue comprises certain provisions of the Constitution (Arts. 14, 27, 31, 34), the Penal Code 1860, the Prevention and Suppression of Human Trafficking Act 2012, the Bangladesh Labour Act 2006, the Overseas Employment and Migrants Act 2013, the Prevention of Human Trafficking Rules and Fund Rules 2017, among other legislations. It also encompasses various international instruments that Bangladesh has committed to uphold, including the Forced Labour Convention 1930 and its 2014 Protocol, the Abolition of Forced Labour Convention 1957, the Worst Forms of Child Labour Convention 1999, the International Covenant on Civil and Political Rights 1966, and the Rome Statute of the International Criminal Court 1998.
However, the main problem lies not in the content of these laws, as together they make for a quite robust legal framework on paper, but in their alarmingly low level of implementation. Several factors have been identified that contribute to this low implementation rate.
First, there is a lack of training for relevant stakeholders, such as enforcement agencies and the judiciary. Thus, specialised training programmes based on a victim-centred and trauma-informed approach for key actors need to be developed and substantially expanded.
Second, public awareness and understanding of the laws and court processes is quite low, especially in rural areas. Nationwide awareness campaigns, particularly targeting rural areas and vulnerable communities, including Rohingya refugees, need to be launched in collaboration with local NGOs, community leaders, and media outlets to ensure maximum outreach.
Third, many victims lack the financial means to initiate and continue legal proceedings. In this context, the coverage of the government-led legal aid programme needs to be expanded to reimburse recipients for case-related travel expenses.
Fourth, there is insufficient protection and care for victims and witnesses. More resources must be allocated to establish and sustain mechanisms aimed at strengthening their protection and care.
Last but not least, the overly complex and prolonged procedures of trials discourage many victims from seeking justice. Increasing the capacity of Anti-Trafficking Tribunal personnel to effectively prosecute and adjudicate human trafficking cases, along with establishing additional tribunals in areas with high caseloads, could be a game changer in this regard.
