Human trafficking and migrant smuggling remain serious challenges in Bangladesh, particularly affecting women and children. While existing laws address human trafficking, the country has so far lacked a legal framework to prosecute migrant smuggling as a distinct offence.
To address this gap, the government plans to combat migrant smuggling by introducing penalties for those who knowingly undertake perilous illegal journeys. The Council of Advisers has recently endorsed the Human Trafficking and Migrant Smuggling Ordinance 2025.
One provision of the ordinance states, “If any person intentionally engages in the act of smuggling of migrants or attempts to engage in such act, such act shall be deemed to be an offence and for such offence he shall be punishable with rigorous imprisonment.”
This marks a significant departure from the existing victim-centric approach to addressing cross-border migration crimes.
Former Foreign Secretary Md Shahidul Haque told TIMES of Bangladesh that human trafficking and migrant smuggling are fundamentally different. “In our old act, the issue of human smuggling is missing, which was not consistent with international standards to prevent and suppress organised crime,” he said.
He noted that many individuals willingly undertake dangerous illegal journeys and are subsequently categorised as trafficking victims when apprehended. “In reality, they have full knowledge of what they are doing. The existing law has no provision to penalise such persons,” Haque added.
However, Dhaka University professor and migration expert Tasneem Arefa Siddiqui disagrees, arguing that no country criminalises victims of trafficking. She warned that the proposed law could have negative consequences for Bangladesh and may ultimately be used as a pressure tool by Western countries.
Trafficking and smuggling: Key differences
According to the International Organization for Migration (IOM), human trafficking occurs when a person is illicitly recruited, kidnapped, sold, or transported—within or across borders—for the purpose of exploitation. Migrant smuggling, by contrast, involves the illegal facilitation of border crossings, usually with the consent of the migrant.
Shahidul Haque explained that smuggled migrants typically have some awareness of the risks and voluntarily engage in irregular migration. Trafficked persons, however, are rarely aware of the entire process.
“Even if they initially submit themselves freely to traffickers, they cannot give consent to the abuse, exploitation, or human rights violations they are subjected to,” he said.
Current scenario
Between January and August this year, nearly 12,000 Bangladeshis entered Italy irregularly, accounting for about one-third of total illegal arrivals. Many reportedly spent over Tk20 lakh each to reach Italian shores. Observers say these cases exemplify migrant smuggling, as the migrants had prior knowledge of the risks involved.
Meanwhile, according to the US Trafficking in Persons (TIP) Report 2025, the Bangladesh government investigated 811 trafficking cases involving 3,334 suspects. These included 115 sex trafficking cases, 227 labour trafficking cases, and 469 cases involving unspecified forms of trafficking, alongside ongoing investigations from previous reporting periods.
‘Pressure tool’ concern
Western countries have long advocated for the inclusion of migrant smuggling provisions in Bangladesh’s domestic laws and for holding individuals accountable when they knowingly undertake risky illegal migration.
Professor Siddiqui cautioned that such legal changes could ultimately harm Bangladesh. “The new law will become a pressure tool for Western countries,” she said.
She noted that the United States and European nations frequently accuse Bangladesh of being a source country for irregular migration, while at the same time maintaining restrictive border policies.
“Their borders are closed, but once someone manages to cross, they are often able to find work,” she said, adding, “If legal migration pathways were available, people would not resort to irregular channels.”
