To address the pressing need to tackle the uptrend in cases of human trafficking and human smuggling, the government of Bangladesh has enacted a landmark legal reform to align national law with international standards, specifically the UN Smuggling of Migrants (SOM) Protocol promulgated on 7 January.
The government officially repealed the previous anti-human trafficking law titled ‘The Prevention and Suppression of Human Trafficking Act 2012 (PSHTA 2012)’ and enacted a new law titled “the Prevention and Suppression of Human Trafficking and Smuggling of Migrants Ordinance 2026”.
The Ministry of Home Affairs led the drafting of the new legal framework and the interim government approved the final draft in January 2026. After the draft was placed before parliament, it was passed keeping the provisions of the ordinance unchanged on 9 April 2026.
The prime objective of the new law is to ensure justice for trafficking victims. In addition, it strengthens investigations and prosecutions to ensure justice for survivors.
The new ordinance is an inclusive legislation that has been developed through a series of consultations with relevant stakeholders and a rigorous vetting process.
In a substantial step forward for the country, the Prevention and Suppression of Human Trafficking and Smuggling of Migrants Ordinance 2026 will ensure Bangladesh’s legal framework meets international standards and aligns the country’s definitions of human trafficking and SOM with the UN Protocol.
The structural shift
Although the term ‘human trafficking’ is commonly used in the legal framework, the terms ‘human smuggling’ or ‘migrant smuggling’ are less familiar in society. Yet millions of people across the world are affected by human smuggling every year.
In Bangladesh, thousands of aspirants of safer migration are also affected by human smugglers each year.
Due to the absence of clear and identical definitions of these two criminal offences—human smuggling and migrant smuggling—victims often did not receive due justice under the existing legal framework. Until the passage of this ordinance, Trafficking in Persons (TIP) and SOM were frequently conflated and incorrectly treated as the same offence, with migration-related crimes dispersed across multiple laws.
The absence of SOM-specific provisions, combined with the nuanced differences between TIP and SOM offences, has led to widespread misclassification of cases.
As a result, SOM cases, as well as offences involving violence against women and children, have often been incorrectly prosecuted as trafficking, contributing to low conviction rates. The ordinance introduces an integrated framework aimed at addressing both human trafficking and migrant smuggling.
Changes in definitions
For the first time, Bangladesh legally distinguishes trafficking from smuggling, aligning with international protocols. The new ordinance aligns Bangladesh’s definitions with international standards such as the UN Convention against Transnational Organized Crime and its relevant protocol (Palermo Protocol 2000), clarifying case categorisation and enabling faster, more effective justice for victims.
The ordinance replaces the definition of human trafficking outlined in the PSHTA 2012, defining it as the abduction, sale or purchase, confinement, concealment, transfer or harbouring of a person for labour, sexual or other forms of exploitation.
In reference to clause (a) of Section 2 of the Foreigners Act 1946 (Act No XXXI of 1946), the definition of SOM has been provided for the first time in Chapter Three of the ordinance.
The first involves the illegal entry of a foreign national into Bangladesh or another country where they are not a citizen or permanent resident. The second involves the illegal entry (procurement of illegal entry) of a Bangladeshi citizen into a country where they are not a citizen or permanent resident.
Criminalisation of migrant smuggling
The ordinance addresses a major legal gap in migration-related crimes. Under PSHTA 2012, migrant smuggling was treated indirectly or inconsistently.
However, the Ordinance 2026 criminalises migrant smuggling as a distinct offence and provides punishment of up to life imprisonment for conspirators, facilitators and financiers.
Financial and asset-based enforcement
The PSHTA 2012 had limited provisions on financial disruption. The Ordinance 2026 introduces stronger financial crime control measures, similar to anti-money laundering frameworks.
It includes provisions for freezing bank accounts, seizure of assets and travel restrictions during investigations, initially for 60 days, extendable by an additional 30 days.
Penalties retained but expanded
The PSHTA 2012 included severe penalties, including life imprisonment and the death penalty. The Ordinance 2026 retains strict penalties for major offences and introduces a more detailed penalty structure.
It also introduces punishments for related offences such as facilitating sexual exploitation and handling fraudulent or illicit documents, typically ranging from 3–10 years or 5–12 years’ imprisonment.
Victim protection and justice focus
Under the PSHTA 2012, the legal framework primarily emphasised investigation and prosecution of offenders, while provisions relating to victim protection, assistance and rehabilitation remained comparatively limited and, in practice, insufficiently implemented.
In contrast, the Anti-Human Trafficking and Anti-Smuggling Ordinance 2026 introduces a victim-centred justice approach as a core principle. The ordinance places explicit legal obligations on relevant authorities to ensure the safety, dignity and rights of victims throughout all stages of the criminal justice process.
Expected outcomes of Ordinance 2026
The new law aims to dismantle the broader trafficking and smuggling ecosystem. Two key outcomes include:
Reduction in misclassification of cases: While human trafficking is a real phenomenon in Bangladesh, misidentification has historically led to widespread misclassification. The separation of TIP and SOM is expected to improve accuracy in case classification and reduce wrongful prosecution, particularly in cases involving violence against women and children, thereby improving conviction outcomes.
Justice for non-citizens under the ordinance: Bangladesh hosts a large number of foreign nationals, including more than one million Rohingyas, officially referred to as Forcibly Displaced Myanmar Nationals (FDMN). Many have been affected by human smuggling.
The 2026 ordinance provides a strengthened legal foundation to ensure equal access to justice for victims, including Rohingyas and other foreign nationals within Bangladesh’s territory.
If properly implemented, the ordinance has the potential to significantly strengthen victim protection and enhance accountability for offenders. Achieving its objectives will require coordinated efforts from government institutions, law enforcement agencies and civil society organisations.
The author is Assistant Director and Counter Trafficking Focal at Young Power in Social Action. With over a decade of experience in combating human trafficking, he has led numerous projects addressing trafficking and smuggling issues in both host communities and Rohingya refugee camps in Bangladesh. Views expressed are solely those of the author.
