Date: 25/10/2009

Bangladesh National Woman Lawyers' Association (BNWLA) filed a Public Interest Litigation No. 7129of / 2009 against 17 respondents including National Committee for Disabled Persons formed under Section 13 of UNCRPD. The Writ Petition stated the existing condition of the persons with disability highlighting the Disability Welfare Act 2001, different policies and directives especially the one given by the Honorable Prime Minister of the Peoples' Republic of Bangladesh on 19th October 2009. The Rule was issued by Honorable Justice Mr. Syed Mahmud Hossain and Honorable Justice Mr. Quamrul Islam Siddiqui directing the respondents "for taking immediate measures to implement the Statutory Object ensured in the Disabled Welfare Act 2001 and in the light of recent direction as given by the Honorable Prime Minister on 19th October 2009 in the Fifth National Conference for Disabled Person to improve and bring about the rights of the Disabled persons in the light of CEDAW and UNCRPD for the persons with and for the disabilities faced by the persons especially women with disability in their day to day life"

Mrs. Salma Ali, Executive Director filed the Petition on behalf of BNWLA. Advocate Fawzia Karim Firoze appeared as lawyer and moved the Writ Petition. Other Lawyers present were Adv. Rebecca Sultana, Adv. Firoza Parvin and Adv. Seema Zahur.

Atiling, lost and helpless, was finally repatriated through the Akhaura- Agartola border on 17.09.09 by BNWLA with the full assistance of BDR & BSF. Atiling Jamatia, also known as, Chitralekha, is an Indian woman who unknowingly crossed into Bangladesh more than 6 years ago from West Tripura , India.

Atiling informed that one day when she had gone to a store to buy snacks, she lost her way and was unable to return home. She cannot recall how she crossed the border into Bangladesh. Despite her innocuous mistake, she was an alien in Bangladesh since 2001.

After arriving to Bangladesh she was rescued by the police and taken to the Bhaboghuray Shelter Home. Afterwards, she was transferred to the Pubail government shelter home in the Gazipur district under the Department of Social Welfare. The Department of Social Welfare requested BNWLA to take necessary measures for her repatriation from Bangladesh to India. BNWLA had commenced Atiling’s repatriation process long before she arrived at Proshanti. BNWLA took her into custody on August'2009 for a smooth repatriation. She was then handed over to the Executive Director of Voluntary Health Association of Tripura for her reintegration into the family along with economic rehabilitation.

To make this successful repatriation possible, BNWLA contacted the Deputy High Commissioner of India and Sri Lekha, Women Commissioner of India, to expediate the process of acquiring necessary documentation for Atiling’s repatriation. Sri Lekha communicated with Atiling’s family and emergency certificates were obtained from the Indian High Commission and the Bangladesh government. In the meanwhile, BNWLA understood that she was suffering from minor psychological problems and provided her with fruitful treatment at the PG Hospital before repatriation.

Atiling is now united with her loved ones and is living a happy life.

On 9th September 2009, the members of ATSEC (Action against Trafficking and Sexual Exploitation of Children), Bangladesh Chapter, held a press conference to express their opinion and oppose the new placement of Bangladesh on US TIP Report at the National Press Club (Conference Lounge). The members were deeply shocked by the fact that USA has placed Bangladesh on the Tier-II watch-list in its Trafficking in Persons (TIP) Report (2008). The US TIP report mentions that:

Firstly; “Bangladesh does not fully comply with the minimum standards for the elimination of trafficking”. However the report failed to take note of the efforts of GOB in developing methods, tools and skills to combat trafficking in persons. But, it was reflected in the TIP report prepared by MoHA of GOB.

Secondly, that Bangladesh has made “Only some progress in sex trafficking”. Whereas 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).

Thirdly, “Bangladesh did not demonstrate sufficient progress in criminally prosecuting and convicting labor trafficking offenders, particularly recruiters”. But Bangladesh has carried out numerous capacity building efforts and logistics (shelter etc.) along with some prosecutions which are mentioned below:

Ø According to the government record, a total of 11 cases of labor trafficking was filed. The government received a total of 1 judgment of labor trafficking cases in February 2009. (Source: Police Report)

Ø Apart from that, the Labor wings of different Bangladesh’s missions in different destination countries took steps for criminal prosecution for labor trafficking offences. For example: In Jeddah of Saudi Arabia, the labor wing of Bangladesh Mission filed a total of 372 cases in the labor court and 347 cases in shariah court. In Riyadh of Saudi Arabia, total of 131 cases were filed under shariah court (Source: MOEWOE 2008 annual report)

Ø In 2008, the government suspended 13 recruiting agencies licenses and also cancelled licenses of 25 recruiting agencies. (Source: MOEWOE)

Ø The government 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)

Ø The government received total of 1010 complaints in 2008 and 414 complaints in 2009 (upto 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 upto March 2009; 13 recruiting agencies license suspended, 25 recruiting agencies licenses cancelled & 11 cases instituted in relation to labor trafficking and 1 judgment received in Feb. 09.

Ø 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 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 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. 

At the conference, it was agreed that anyone may argue that more is needed to be done; however, in no way can the US TIP report conclude that no significant effort has been made by Bangladesh to address trafficking. On the contrary some significant achievements have been made as listed above. At the conference, it was noted that the TIP report has stressed on “Labor Trafficking” – which, at the national and regional civil society level, is being typified as an issue of concern. Together with the Government of Bangladesh, ATSEC has already proposed to develop legal tools to bring the fraudulent recruitment agents under a stricter legal regime. Moreover, it was stated that the issue of “irregular migration”, “smuggling in persons” should be separated from “labor 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. There, it was observed that in many ways 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 ATSEC members found that the on going work on awareness raising, mobilization and capacity building from community level to national level requires no less (but arguably more) importance. Moreover, they found that 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 “labor trafficking”. They also found that, the issue of labor trafficking should be addressed while acknowledging the achievements and carrying forward the experience of fighting trafficking of women and children for sexual exploitation.

Therefore, the ATSEC members urged the US State Department to upgrade the status of Bangladesh in the recent TIP Report. Moreover, they invited the government to continue with a long-run stable strategy to combat trafficking in persons without making any hasty change in pace and position under foreign pressure.

The participants of the conference were:

Adv. Salma Ali (Chaiperson of ATSEC Bangladesh and Executive Director of BNWLA), Mr. AKM Masud Ali (INCIDIN Bangladesh) , Mr. Emranul Haque Chowdhury (UDDIPAN), Mr. Fazlul Haque Choudhury (SEEP Bangladesh), Mr. Ehsanur Rahman (Dhaka Ahsania Mission), Mr. Binoy Krishno Mollick (Rights Jessore), Mr. Shishir Dutta (BITA), Ms. Moslema Bari (CPD), Ms. Selima Sarwar (ACD), Ms. Afroja Parvin (NUS) and Ms. Shaheen Akter Dolly (Nari Moitree).