Date of publication:
09/04/2024
Bangladesh
Do domestic laws and policies prohibit forced or compulsory labour?
Assessment by population
Analysis
Constitutionally, all forms of forced labour are prohibited in Bangladesh, and any contravention of this provision shall be an offence punishable in accordance with the law (Article 34 of the Constitution) in Bangladesh. The Constitutional provision does not specify that it is applicable for citizens of Bangladesh only. Additionally, forced labour is prohibited under the Prevention and Suppression of Human Trafficking Act, 2012 and is a punishable offence (Section 1 and 9), which is applicable to anyone irrespective of their legal status in Bangladesh. Henceforth, it may be argued that in theory anyone, including refugees or asylum-seekers who are on the territory of Bangladesh, are protected from forced or compulsory labour in Bangladesh.
Related provisions of domestic law or policy
The Prevention and Suppression of Human Trafficking Act
- Year: 2012
- Type: Domestic law
- Rights Category: Liberty & security of person, Social protection
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/2012/en/101859
Legal provision
Human Trafficking
l) “human trafficking” means the selling or buying, recruiting or receiving, deporting or transferring, sending or confining or harbouring either inside or outside of the territory of Bangladesh of any person for the purpose of sexual exploitation or oppression: labour exploitation or any other form of exploitation or oppression by means of“— (a) threat or use of force; or (b) deception, or abuse. of his or her scold-economic or environmental or other types of vulnerability; or (c). giving or receiving money or benefit to procure the consent of a person having control over him or her. (2) If the victim of trafficking is a child, it shall be immaterial whether any of the means of committing the offence mentioned in clause (a) to (c) of subsection(1)1s used or not. Explanation—For the purposes of this section, if any person induces or assists any other person through deception and for bad intention to move. Engrave or emigrate for work or service, either inside or outside of the territory of Bangladesh, though he knows that such other person would be put into exploitative labour conditions similar to practices of servitude or forced labour or into any other form of exploitation or oppression as mentioned in sub-section (15) of section 2 such act of the person shall be included as an act within the meaning of “human trafficking” as defined in sub-section (1).
Penalty for forced or bonded labour or service
If any person unlawfully forces any other person to work against his will or compels to provide labour or service or holds in debt-bondage or to exact from the person any work or service by using force or other means of pressure of by threat to do such, he shall be deemed to have committed an offence and shall for the offence be punished with rigorous imprisonment for a term not exceeding 12 (twelve) years but not less than 5 (five) years and with fine not less than take 50 (fifty) thousand.
The Constitution of the People's Republic of Bangladesh
- Year: 1972
- Type: Domestic law
- Rights Category: Asylum, Education, Freedom of movement, Health, Housing, land & property, Liberty & security of person, Nationality & facilitated naturalization, Social protection, Work & Workplace rights, Family life, Documentation
- Link to external source: https://www.refworld.org/legal/legislation/natlegbod/1972/en/101782
Legal provision
Article 34 - Prohibition of forced labour
Article 34: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall apply to compulsory labour (a) by persons undergoing lawful punishment for a criminal offence; or (b) required by any law for public purposes.