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National consultation on criminal justice responses to Trafficking in Persons and the Smuggling of Migrants in times of COVID-19 and beyond

National consultation on criminal justice responses to Trafficking in Persons and the Smuggling of Migrants in times of COVID-19 and beyond

Theme: Human Trafficking, Migrant Smuggling and COVID-19

11 June 2020, International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC) Dhaka, Bangladesh

The ongoing COVID-19 pandemic is putting the world under enormous social and economic strain, affecting the lives of everyone. The recent tragedy of 26 Bangladeshi migrants killed by traffickers in Libya on 27 May 2020 serves as a stark reminder that COVID-19 pandemic does not impede the crimes of Trafficking in Persons (TIP) and Smuggling of Migrants (SOM). UNODC research on the impact of COVID-19 on the risk of human trafficking and migrant smuggling shows that the measures to curb the spread of the coronavirus are exposing victims of human trafficking to further exploitation and limiting their access to protection and essential services. In addition, the COVID-19 pandemic is disproportionately affecting women migrant workers, who are already exposed to multiple intersectional discrimination based on race, ethnicity, nationality, age, and migration status.

In light of the impact of COVID-19 on TIP and SOM and the urgent need for a coordinated holistic crime prevention response, on 11 June 2020, UNODC and IOM jointly organized an online national consultation on criminal justice responses to TIP and SOM in times of COVID-19 and beyond, in coordination with the Ministry of Foreign Affairs, the Ministry of Home Affairs and the Ministry of Law, Justice and Parliamentary Affairs. The event was organized under the framework of the Global Action against Trafficking in Persons and the Smuggling of Migrants - Bangladesh (GLO.ACT-Bangladesh), a four-year (2018-2022) joint initiative by the European Union and UNODC implemented in partnership with IOM.

TIP and SOM are global phenomena which are also a growing concern for Bangladesh. Vulnerable people become targets of human traffickers for different purposes, including sexual exploitation, forced labour, transactional marriages, child labour, including trafficking in street children, and organ removal. In some cases, migrant workers become victims of trafficking due to abuse and exploitation and to unethical recruitment practices by private recruiters and employers. Victims are smuggled to further away destinations such as India, Pakistan and Middle Eastern countries, resulting in the most corrosive forms of human rights violations.

Addressing the issue in the consultation, Ms. Nasima Begum, NDC, Chairman, National Human Rights Commission of Bangladesh, said: “Local traffickers and human smugglers often lure people by false promises of lucrative jobs across the world; we hope they will be identified and brought under the purview of justice. Human rights must be at the centre of the response to the COVID-19 pandemic. Inclusive measures aimed at protecting the rights and health of the whole population, including all migrants and trafficked persons, regardless of their migration status, are urgent and necessary.”

Acknowledging the importance of the topic, Mr. Masud Bin Momen, Foreign Secretary, Ministry of Foreign Affairs, noted that “Safe and regular migration as well as the dignified return of migrants is the priority of the Government of Bangladesh. The focus lies therefore on prevention, victim identification, and protection, as well as on investigation, prosecution and adjudication of human traffickers and migrant smugglers. In the wake of the recent killing of 26 Bangladeshi nationals in Libya by the migrant smugglers [...], the Government is considering updating the existing migration-related legislation to bring the illegal migration seekers as well as their families also under some kind of accountability mechanism.”

Mr. Md. Golam Sarwar, Secretary, Law and Justice Division, Ministry of Law, Justice and Parliamentary Affairs, reiterated that “Ministry of Law, Justice and Parliamentary Affairs is always ready to take part in any actions, measures to combat human trafficking and migrant smuggling. To ensure access to justice during the lockdown situation caused by COVID-19 pandemic, Government has taken the initiative to introduce virtual hearings in courts. These efforts resulted in the enactment of an Ordinance which enables the courts and tribunals to hear cases through video conferencing. Hence, the right to access to justice for the victims of human trafficking has evidently been ensured in Bangladesh during COVID-19 pandemic. In March 2020, under the leadership of Honourable Minister of Ministry of Law, Justice and Parliamentary Affairs, Mr. Anisul Huq, MP, seven separate Anti-Human Trafficking Offence tribunals were established in seven Divisional Headquarters. Specially trained judges in this regard have already been appointed to those newly created tribunals under the active supervision of Honourable Minister.”]

Highlighting the various initiatives undertaken by Bangladesh, Mr. Abu Bakr Siddique, Additional Secretary, Public Security Division, Ministry of Home Affairs, said: “The Government of Bangladesh, through the Ministry of Home Affairs, has been spearheading the fight against human trafficking and the smuggling of migrants by coordinating the activities of the concerned Ministries, departments and agencies, with a particular emphasis on the special needs of women and children.”

Ms. Mia Seppo, United Nations Resident Coordinator, United Nations in Bangladesh, commended the wide range of stakeholders present and noted that “To ensure the increased protection and respect for the fundamental human rights of current and aspiring migrants in Bangladesh and abroad, it is crucial to adopt a whole-of-society approach. UN agencies in Bangladesh and globally have vowed to work together with partners, delivering as one, to protect society’s most vulnerable, boost development and strengthen security.”

Referring to recent tragic incidents in Libya and Tunisia, Mr. Giorgi Gigauri, Chief of Mission, IOM Bangladesh, noted that: “The vulnerabilities of migrants increase in outbreaks of disease, while the ability to provide assistance is more difficult. These dynamics have been well established with the current COVID-19 pandemic. Victims of trafficking and those already in exploitative situations face risks of disruptions of their assistance due to COVID-19; while other migrants face increased vulnerability to human trafficking and other forms of exploitation. It is more important than ever that we provide assistance and support to these groups.”

Noting the important role of Bangladesh in the global area on countering TIP and SOM, Mr. Sergey Kapinos, Regional Representative, UNODC Regional Office for South Asia, said: “The decision by the Government of Bangladesh to accede to the UN Trafficking in Persons Protocol in September 2019 is a very welcome move and reiterates the Government’s commitment to prevent and counter trafficking in persons. This decision is reflective of not only the Government’s commitment to end this crime, but to promote and protect the freedom and dignity of its citizens. UNODC would also encourage the Government of Bangladesh to ratify the UN Protocol against the Smuggling of Migrants. UNODC stands ready to support the Government’s efforts in addressing the issue of trafficking in persons and smuggling of migrants through a comprehensive and victim-centred approach”.

The Government of Bangladesh has undertaken several initiatives to address TIP in Bangladesh. It demonstrated significant efforts by finalizing and adopting implementing rules for the 2012 Prevention and Suppression of Human Trafficking Act in January 2017, and by drafting an implementation road map for the 2018-2022 National Action Plan. Bangladesh also acceded to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (commonly referred to as the Palermo Protocol), supplementing the United Nations Convention against Transnational Organized Crime.

This online consultation brought together government bodies, UN agencies, donors and NGOs to discuss how all parties can best support the Government of Bangladesh in its efforts to combat TIP and SOM. Ms. Mia Seppo, United Nations Resident Coordinator, Bangladesh, and Ms. Nasima Begum, NDC, Chairman, National Human Rights Commission, delivered the opening remarks, while Mr. Sergey Kapinos, Regional Representative, UNODC Regional Office for South Asia and Mr. Giorgi Gigauri, Chief of Mission, IOM Bangladesh delivered the welcome remarks on behalf of UNODC and IOM. Mr. M. Shahidul Haque, Former Foreign Secretary (Senior Secretary) and Adviser to IOM Bangladesh also participated in the discussion as expert, sharing his extensive experience on the achievements and challenges in responding to these crimes.

The consultation was also enriched by insights and contributions from Mr. Masud Bin Momen, Foreign Secretary (Ministry of Foreign Affairs) (through video message), Mr. Md. Golam Sarwar, Secretary (Ministry of Law, Justice and Parliamentary Affairs), Mr. Abu Bakr Siddique, Additional Secretary (Ministry of Home Affairs), Mr. Maurizio Cian, Head of Cooperation (Delegation of the European Union to Bangladesh), Ms. Aimée Comrie, GLO.ACT Project Coordinator (UNODC), Mr. Craig Murphy, GLO.ACT Project Coordinator (IOM), Mr. Fabrizio Sarrica, Team Leader Research on TIP & SOM (UNODC), Mr. Martin Reeve, GLO.ACT Regional TIP/SOM Adviser (UNODC), Ms. Samantha Munodawafa, GLO.ACT Crime Prevention and Criminal Justice Officer/Policy Lead (UNODC), Ms. Eurídice Márquez, GLO.ACT Programme Management Officer (UNODC), Barrister Tapas Kanti Baul, Prosecutor (Bangladesh International Crimes Tribunal), Professor Ishrat Shamim, President (Centre for Women and Children Studies), Mr. Syed Saiful Haque, Chairman (WARBE Development Foundation), Mr. A K M Masud Ali, Executive Director (INCIDIN), as well as other participants and experts.

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For more information, please contact:

Katrine Nkoyo Øverland, IOM Bangladesh, email: knoverland@iom.in

Mahdy Hassan, UNODC Bangladesh, email: muhammad.hassan@un.org Cell: +8801675213647

Twitter: @glo_act

https://www.unodc.org/unodc/en/human-trafficking/glo-act3/index.html

The Global Action against Trafficking in Persons and the Smuggling of Migrants - Bangladesh (GLO.ACT‑Bangladesh) is a four-year (2018-2022) joint initiative by the European Union (EU) and the United Nations Office on Drugs and Crime (UNODC), implemented in partnership with the International Organization for Migration (IOM). GLO.ACT-Bangladesh builds on a global community of practice set in motion with GLO.ACT 2015-2019 in 13 partner countries across Africa, Asia, Eastern Europe and Latin America. 

Through targeted, innovative and demand-driven interventions, the project aims to support the Government of Bangladesh and civil society organizations to more effectively fight the crimes of human trafficking and migrant smuggling across the country. The project works on developing evidence-based information on trafficking and smuggling patterns and trends, legislative review and harmonization, capability development of criminal justice actors, and international cooperation. The project also provides direct assistance to victims of human trafficking and migrants in vulnerable situations through the strengthening of identification, referral, and protection mechanisms.

This project is funded by the European Union.