Recruitment of Migrant Workers in Bangladesh: Elements of Human Trafficking for Labor Exploitation

Author: Azad, Ashraful

Abstract: This paper looks at the recruitment process of Bangladeshi migrant workers for employment in the Gulf States through the legal framework of human trafficking. The migrant workers are recruited through a complex process by various recruitment actors which include private recruitment agents, brokers, and social networks. This paper argues that because of harmful recruitment practices, many Bangladeshi workers are often deceived and become victims of human trafficking for labor exploitation under the Prevention and Suppression of Human Trafficking Act, 2012 of Bangladesh as well as the United Nations Trafficking Protocol. Some recruitment actors in Bangladesh deceive the prospective workers during recruitment for the purpose of exploitation or with the knowledge that the workers would face exploitative consequences. The study is significant in several respects; first, it links the recruitment process of migrant workers in the origin state with human trafficking though it is commonly associated with exploitation in the destination. Second, it reveals the prevalence of the crime in apparently regular/legal migration channel where potential victims go through formal procedures. Finally, and most importantly, it contributes to the legal analysis of mens rea element which is a crucial factor in establishing human trafficking as a criminal offence.

Keywords: human trafficking/trafficking in persons, migrant workers, recruitment, labor exploitation, mens rea, Bangladesh, Gulf States