Conviction for human trafficking declining

Legal experts cite political influence, lengthy trial procedures as reasons


Arafat Ara | Published: July 28, 2018 10:09:00 | Updated: November 10, 2018 19:18:17


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The conviction rate under the human trafficking act is gradually decreasing due to political influence, lack of victim protection and lengthy trial procedures, said legal experts and rights activists.

They, however, observed that it is not possible to stop human trafficking in the country without ensuring punishment to perpetrators.

According to the statistics of police headquarters, a total of 4,152 cases were filed under the Prevention and Suppression of Human Trafficking Act 2012 since its enactment.

So far 6,106 persons were arrested and 25 perpetrators convicted for their involvement in human trafficking.

The official data showed that only one trafficker was convicted in 2017 while three in 2016, four in 2015 and 15 in 2014.

However, kingpins of the trafficking racket go unpunished even after the names of several traffickers came in the light two-three years back when a significant number of Bangladeshis were trafficked through the sea route.

Corruption, political influence, lack of victim protection and lengthy trial procedures are main reasons behind the low conviction rate, said Abdullah Al Hasan, country coordinator of Lawyers Beyond Borders Bangladesh.

A human trafficking case is said to be disposed of within 180 days as per the law. But none of the cases is settled within the stipulated time. For this reason, most of the cases remain pending for a long time, he mentioned.

There is a provision for setting up separate tribunals for trying trafficking cases, he said, adding that the authorities are using the existing tribunal under Women and Children Repression Prevention Act 2002.

Mr Abdullah said it is also a vital reason as these tribunals have already been burdened with a backlog of cases for long.

"The government promised to set up at least six tribunals to dispose of human trafficking cases. So far we did not see any progress in this regard," he added.

Ariful Islam, a victim who returned home from Iraq, told the FE that he filed a case against three middlemen under the human trafficking law.

The police also arrested the perpetrators. But before the hearing, they got bail from the court.

"I am now frustrated about the case. Even I don't know how long it will continue," he said.

Mr Islam said he along with his 28 fellow colleagues went to Iraq early 2017. A recruiting agent sent them tourist visas and promised for jobs in hotel.

But dalal (middlemen) confined them in a plastic-made room on the rooftop of a five-storey building.

He was not served adequate food but forced to work minimum 18 hours a day in that under-construction building.

They received only US$ 150 each month. Brokers took away US$ 50 from the amount.

Shariful Islam, head of BRAC Migration Programme, said on average, 0.1 million migrant workers are falling victim to human traffickers each year.

"If punishment is not ensured, human trafficking will not be stopped."

He also said employment opportunities should be created in the country. Regular migration also has to be ensured to help prevent such malpractice.

According to the police report, 265 persons were trafficked in the last six months of the current year. Of the victims, 118 were males, 96 females and 42 children.

Many victims remained unreported by the police as they are either ignorant of the law or fear traffickers, sector insiders observed.

Jamila (not real name) was a victim of sex trafficking. She used to work as a housemaid in the capital.

One day a woman offered her a good job with high salary. She also agreed with the proposal.

But the woman sent her to a brothel in Kolkata, said Jamila, a 15-year-old girl.

"I did not know anything how I reached India as I was feed something for being unconscious," she added.

"The brothel owner tried to coerce me into prostitution. But clients did not prefer me, considering my age," she added.

After that she was engaged in other work without salary.

Jamila, now residing in a NGO's shelter home, said she was trying to get a job.

Rights Jessore executive director Binoy Krishna Mallick said a large number of women and children are being trafficked to different countries including India and Middle East each year.

But families usually don't want to go for legal action, he said.

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