Date of publication:

07/08/2025

Bangladesh

Do domestic laws and policies prevent and respond to violence, abuse and exploitation of forcibly displaced and stateless children?

ANALYSIS

Assessment by population

Refugees
Asylum-seekers
Analysis

Currently, there are no specific laws or policies in existence that attempt to prevent, mitigate the risk of and address violence, abuse, exploitation, or trafficking of children in hosting areas of the refugee or the asylum seekers in Bangladesh. Rather, the existing laws and policies apply without any discrimination to areas or people. Hence, the Rohingya refugees residing in the Cox’s Bazar are subject to the prevailing laws and policies that address violence, exploitation or trafficking of children. The Prevention and Suppression of Human Trafficking Act, 2012, The Prevention of Oppression Against Women and Children Act, 2000, The Children Act, 2013 are the primary laws that addresses the risk of abuse, exploitation, violence or trafficking of children in the country provides provision for prevention and mitigation. For the Rohingya refugees residing in the Cox’s Bazar camps, the partners working in the camps have established an Anti-Trafficking Working Group which is co-chaired by UNHCR and IOM. 

The Prevention and Suppression of Human Trafficking Act, 2012 defined child as ‘"child" means a person who has not completed the age of eighteen years;’.1 The law broadly defined the act of human trafficking as not requiring any of the means of committing offence mentioned in the act when the victim of the trafficking is a child.2 Moreover, to protect the child and for interest of justice, the act has provided for trial to be conducted in-camera with the presence only of the parties of the case and their advocates or other representatives as the Tribunal may permit.3 Even, the law has stated to conduct the processes of identification, rescue, repatriation and rehabilitation of the affected persons with special regard being paid to the welfare and special needs of women and children and in a victim friendly manner.4 The Human Trafficking Act, 2012 has provided to prioritize the principle of welfare and the best interest of the child and the principle of priority to protect the rights of the child victim and witnesses.5

The Prevention of Oppression Against Women and Children Act 2000 defined children as the person under the age of 16 years.6  The Act has penalized trafficking of child and has provided punishment with death or rigorous imprisonment for life and with fine.7 The Act further penalizes the act of kidnapping a child with imprisonment for life or with rigorous imprisonment for either description, which may extend to fourteen years and with fine.8 In the Act, rape has been penalized with imprisonment for life9 and sexual oppression with any part of a body of a child has been penalized up to ten years but not less than two years of rigorous imprisonment and with fine.10 Moreover, to protect the dignity and privacy of the child who has been oppressed, the act prohibits disclosure of name or other information related to the victim.11 The offences under this Act are prosecuted in a special tribunal established under the act. The tribunal may order a person, govt. organization or other organization to take care of the child victim keeping him in safe custody and care.12

The Children Act, 2013 has prohibited exploitation of children in any form, be it forced labour, prostitution or immoral activities.13 Moreover, by setting up a Child Affairs Desk and placing Child Affairs Police Officers in each police station across the nation, the Rescue, Recovery, Repatriation and Integration (RRRI)14 Task Force has made steps to implement the Children Act of 2013.15 Furthermore, The Penal Code, 1860 penalizes import, export, removing, buying, selling, trafficking or dealing in slaves with imprisonment for life, or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.16 Also, buying and selling minor for prostitution has been considered as offence under the penal code.17

While forced and bonded labour is prohibited under Article 3418 of the Constitution, Article 1819 of the Constitution mandates that the state prevent and repress human prostitution. Additionally, Articles 27 to 44 guarantee several fundamental human rights and clearly define the State's obligation to prevent human rights breaches in all their forms, including human trafficking. Though refugees and asylum seekers are exempt from certain of the Constitution's protections, important rights like the right to life and liberty20 and protection from arrest and detention21 are applicable to everyone. 

In the Rohingya refugee camps, to mitigate and combat the trafficking of children, Anti-Trafficking Working Group has been established in 2019 that covers 33 camps, Transit Centre, and Bhasan Char. Of the three areas of activities of the Anti-Trafficking Working Group, 15 organizations are active in Prevention/Outreach & awareness-raising, while nine organizations work in Protection and Response and Capacity building, Resources and Support are dealt by five organizations.22 These organizations pursuant to the 2024 ATWG Work Plan, distributed the areas of responsibility and are working to combat child trafficking. This group has been able to identify 316 victims of trafficking in 2024 and 418 victims in 2023 and most of these victims survived by escaping from the traffickers and some were released through the intervention of APBN and NGO/INGO. 

Rohingya children in the camps suffer serious protection issues, including as the possibility of human trafficking, child labor, and exploitation, according to the Anti-Trafficking Working Group (ATWG).23 In December 2024, 12 Rohingya refugee children were rescued along with 18 other adults when they were kept in a house for trafficking in Teknaf.24 There are many reports about Rohingya children living ‘in constant fear’ due to spiralling crime and violence in the refugee camps in Bangladesh.25 During the 2nd quarter of 2024, 6 Rohingya children were identified as victim of trafficking who were promised of paid labour and ended up in forced labour.26

    LAW & POLICY

    Related provisions of domestic law or policy

    Act No. 24 of 2013, The Children Act

    Legal provision

    Section 80: Penalty for exploitation of a child

    (1) If any person entrusted with the custody or care of, or with the duty of rearing, a child by the Children’s Court, or any other person secures a child ostensibly to employ as a servant or to employ the child in a factory or in other establishments in accordance with the provisions of the Labour Act, 2006, but in fact exploits the child for his own interest, or keeps him detained or enjoys his earnings, such acts shall be deemed to be an offence under this Act and, for such offence, the person involved shall be punished with imprisonment for a term which may extend to 2 (two) years, or with fine which may extend to Taka 50 (fifty) thousand, or with both. (2) If any person entrusted with the custody or care of, or with the duty of rearing, a child by the Children’s Court, or any other person secures a child ostensibly to employ as a servant or to employ in a factory or in other establishments in accordance with the provisions of the Labour Act, 2006, but in fact leads the child to seduction or exposes the child to the risk of engaging in prostitution or immoral activities, such acts shall be deemed to be an offence under this Act and, for such offence, the person involved shall be punished with imprisonment for a term which may extend to 5 (five) years, or with fine which may extend to Taka 1 (one) lac, or with both. (3) If any person avails himself of result of the labour of a child exploited or employed in the manner referred to in sub-section (1) or (2), or uses such child for his immoral gratification, the person shall be liable to be an abettor of the relevant offence.

    The Prevention of Oppression Against Women and Children Act

    Legal provision

    Section 2: Definition

    Definition: Unless different intention appears from the subject or context, in this Act- a) ‘Offence’ means any offence punishable under this Act. b) ‘Abduction’ means taking a person away by force or by inducement or by instigation or by misrepresentation or by coersion from one place to another. c) ‘Detention’ means confining a person against his/her will. d) ‘Tribunal’ means any tribunal established under this Act. e) ‘Rape’ means rape stated under section 375 of the Penal Code 1860 (Act XLV of 1860) subject to section 9 under this Act; f) ‘New born baby’ means any baby which is below the age of forty days; g) ‘Woman’ means a woman of any age; h) ‘Ransom’ means financial facility or any other facility; i) ‘Criminal Procedure’ means the Code of Criminal Procedure 1898 (Act V of 1898); j) ‘Dowry’ means money, goods or any property which has been given or agreed to give to the bride-groom or his father or mother or any person on his behalf, directly or indirectly, at the time of marriage or before marriage at any time after marriage in condition with the smooth continuation of marital life or as a consideration given by the side of the bride and the money, goods or property which has been demanded from the bride or her father or mother or any person on her behalf, by the bride-groom or his father or mother or ay other person on his behalf as the above mentioned condition or consideration. k) ‘Child’ means any person under fourteen years of age; l) ‘High Court division’ means the High Court Division of the Supreme Court of Bangladesh.

    The Prevention and Suppression of Human Trafficking Act

    Legal provision

    Definition

    1) “protective home", by whatever name called, means an institution except a prison which is established for the reception, shelter and rehabilitation of the victims of human trafficking or of the persons rescued from human trafficking; (2) “sheltering” or “harbouring" means to harbour, provide with shelter to or assist in any other means, any person in order to sell or traffic that person inside or outside of the country: and shall also include the meanings for which the term ‘harbour’ has been used in section 52A of the Penal Code, 1860 (Act No. 45 of 1860); 3) “debt—bondage" means the condition that arises from a pledge by a person of his personal service or labour as security for a debt actually owed or unlawfully claimed to he owed by that person, butthe value of the service or labour is not deemed to be paid the debt,or the service or labour is unlimited; (4) “forced labour or service” means any work or service that is exacted from any person under the threat to loss or damage to life, liberty, right, property or reputation of the person; (6) “slavery” means the reduction of status and position of any person to a condition in which he is controlled or treated as property by another person and shall also include a condition arising from a debt or a contract made by that person; (8) “Prostitution" means the sexual exploitation or abuse of any person for commercial purpose or for consideration in money or kind; (10) "Victim of human trafficking” or “victim" means a person against whom the offence of human trafficking has been committed under this Act and shall also 'mcludc the legal guardians and heirs of the person; (11) "fraud" means to defraud or induce others, whether willingly or recklessly, by any words or conduct or any Written contract or document as to facts or the law and a deception as to the intent of the person deceiving or any other person, and shall also include the meaning for which the expression ‘fiaud’ has been used in section 17 of the Contract Act, 1872 (Act No. 9 of 1872); (12) "coercion" means the use of force or intimidation or psychological pressure and shall also include the threat of doing harm or of physical confinement, torture or any threat or psychological pressure of using the official or legal status of a person against another person; (13) “person” means a natural person including any company, firm; or association or group of portions, whether incorporated or not; (14) “child" means a person who has not completed the age of eighteen years; (15) “exploitation“ or “oppression" means. but shall not be limited to, the following actions done against any person with or without his or her consent: (a) exploitation or oppression of any person through prostitution or sexual exploitation or oppression; (b) taking benefits from any person engaging the person in the prostitution or production or distribution of pornographic materials; (c) receiving forced labour or service; (d) debt-bondage. slavery or servitude, practices similar to slavery, or servitude in household; (e) exploitation or oppression through fraudulent marriage; (f) forcibly engaging any person in the amusement trade; (g) forcibly engaging any person in begging; and (h) maiming any person or the removal of organs for the purpose of trade; (17) “consent" means the consent of a person which is given firmly and consciously and is not influenced by his or her weak position- arising out of his or her age, sex and socio-economic backwardness: (19) ‘ servitude" means the conditions or the obligations to work or to render services from which the person cannot escape and which he cannot prevent or alter.

    Protection. rehabilitation and social integration

    (1) The victim of human trafficking shall. upon being rescued, if not returned to his own family. be sent to any government or non-government protective home or rehabilitation centre and all information relating thereto shall be sent at once to the Government or to the competent authority. (2) Every victim of human trafficking, residing in a protective home or rehabilitation centre shall be entitled to give consent to the concerned matter and to get medical treatment and legal and psychological counseling service including sustainable rehabilitation and social integration facilities.

    Trail in-camera

    For the interest of justice and to protect the child and woman victim, the Tribunal may, by stating the reasons, direct that the trial of an offence under this Act be conducted iii-camera with the presence only of the parties to the case and their advocates or other representatives as the Tribunal may permit.

    Provisions regarding the protection of victims or affected persons and witnesses in criminal trail

    (l) Any person or agency dealing with the subject-matter of this Act shall endeavor to ensure that any victim ofthe offence of human trafficking is not subjected to conviction or punishment under this Act 0: any other existing law. (2) No body shall publish or broadcast the name, photograph or any information or identity of a victim of human trafficking or of any member of his family without the permission of the Tribunal, and who contravenes the provision shall be punished with imprisonment for a term not exceeding 6(six) months or with fine not exceeding taka I (one) lac or with both. (3) If any victim of human trafficking or witness is threatened or apprehended by any threat or risk of any kind shall be entitled to receive police protection and other protective measures to be provided by the Government, and the security being provided to the victim of the offence of human trafficking or to the witness during travel to the court or other prosecutorial institutions or residing in a protective home shall also be included to those government protective measures.