Mapping of Bangladeshi Repatriation Process[1]

  1. Repatriation

Repatriation of trafficked Bangladeshi girls has been a very complex phenomenon and a big challenge to handle for governments and NGOs from both sides of the border.

1.1Current Provisions in Law

JJ Act (2006) is silent on the management of victims of foreign origin. The Maharashtra State Rules (Section 9(v)) however state that the child of foreign origin shall be repatriated with coordination with the Ministry of External Affairs and Embassies/High Commissions. In light of the above, Ministry of Home Affairs, Government of India issued an office Memorandum (No. 14051/14/2011-F.VI; dated May 1, 2012) on managing foreign nationals with respect to prevention of human trafficking. The memo has clarified that such victims should not be booked under Foreigners’ Act.

Specifically, with respect to Bangladesh, there is no agreed framework or Standard Operating Procedure between the two countries. Despite detailed rounds of discussion between the line ministries in the two countries, formal agreement is yet to be reached. Therefore, for management of victims within India, Indian laws are used. The two states of Maharashtra and West Bengal are currently discussing a SOP for transfer of girls between two states (irrespective of the nationality of the girls).

In absence of legal provisions in country, reference can be made to international protocols that India and Bangladesh are signatory to. For example in making decision whether to repatriate the victim or not, guiding principle should be the Palermo Protocol article 8, clause 2[2] which states that safety of the person and legal proceedings in country should inform the decision and repatriation should be voluntary.

1.2Field Realities

The Ministry of Home Affairs office memorandum (No. 14051/14/2011-F.VI; dated May 1, 2012) states that most of the foreign girls when rescued are found without passport and other valid documents, which was also found true in cases included in this study.As the process is cumbersome and complicated, it is important to note here that both India and Bangladesh governments have been in discussion for long for a bilateral agreement which would include identification of key stakeholders and agreement on standard operating procedures. This process, once completed is expected to resolve several issues that delay the repatriation process.

1.2.1Repatriation Process

A thorough discussion with the shelter homes managing the repatriation revealed that repatriation is a complex process involving too many stakeholders. Summarizing these discussions, following two charts explain the process separately in both the countries. When the Shelter Home in India sends a request to Bangladeshi NGO for home investigation, a series of processes are adopted in Bangladesh (Figure 2), culminating at Bangladeshi High Commission in India sending the travel documents for the girl to the Shelter Home in India. Once these travel documents are received, the Shelter Home in India initiates the process of physical repatriation of the girl (Figure 3).

Figure 2

Flow Chart of Repatriation Process in Bangladesh After Receiving Home Investigation Request from Shelter Home in India

Figure 3

Flow Chart of Repatriation Process In India after Receiving Travel Documents from
Bangladesh High Commission

1.2.2Stakeholders and their engagement in the process

As mentioned above, there are too many steps and too many stakeholders involved at both sides of the border, making the process tedious, complicated and time consuming. This is one of the areas of concern expressed by almost all stakeholders.The following table provides the list of all stakeholders (departments/institutions) that are involved in the process of repatriation. Further to the table, there are flow charts depicting the procedure and stages of involvement of these stakeholders.

Table 2: Stakeholders in Repatriation Process at Each Side of the Border

India / Bangladesh
Stakeholder / Responsibility / Stakeholder / Responsibility
CWC/JJB/Court / Order for repatriation / NGO / Home investigation and coordination of the process
Shelter Home / Coordinate the entire process / Home Department / Orders for repatriation
Foreign and NRI Department (F&NRI) / Order for repatriation / Local Police / Verification of documents related to age and nationality during home visits
District IB / NOC to F&NRI / Border Police / Physical crossing of border
Local Police / NOC to District Investigation Bureau (IB)
Bangladesh High Commission / Issuance of travel documents
BSF / Physical crossing of border
Department of Women and Child Development / Information and coordination
Task Force / Information and Coordination

While there are too many stakeholders involved in the process, there is lack of coordination between stakeholders and this has been acknowledged by the governments of Maharashtra and West Bengal and as much by the NGOs. In practice there are no defined platforms or opportunities for these stakeholders to meet or coordinate and hence there has been limited coordination between the two Task Forces. There are Standard Operating Procedures (SOPs) drafted by Ministries in Maharashtra and Kolkata in consultation with stakeholders, these still do not mandate the stakeholders for sharing information between authorities in different states in cases of rescue or transfer of victims between two states. There have been instances where police from West Bengal have conducted rescue operations in Maharashtra without the knowledge of Department of Women and Child Development in Maharashtra.

With support from Save the Children (Maharashtra) and Unicef, three Task Forces were constituted (each at Mumbai, Kolkata and Dhaka) essentially to coordinate between various stakeholders, minimizing the challenges and vulnerabilities of the victims and speed up the process. However, Tasks Forces normally do not coordinate with each other. If the NGOs/Shelter Homes choose not to inform their respective Task Forces, they would not come to know. This is essentially because the Terms of References for these Task Forces do not explicitly detail the responsibilities of stakeholders. Also, Task Forces are still not ratified by the line departments (through appropriate orders) and hence NGOs/Shelter Homes are not obliged to report back to Task Forces.

1.2.3Repatriation—Mandatory or Optional

When a Bangladeshi girl is rescued in India, repatriation is the only option considered by the governments and NGOs involved in the process. There are significant numbers of victims (mostly adults and a few children) who either do not want to return to Bangladesh or it is not possible to trace their families back in Bangladesh. It is important to note here that this contradicts the Palermo Protocol (Article 7.1) which states that the receiving states will make provisions that permit victims of trafficking to permanent stay in the receiving state. Some of the victims interviewed in this study openly expressed their opinion that their voices are not heard and all efforts are made to repatriate them to Bangladesh. In caseswhen it was not possible to integratethem with the family, they were handed over to Bangladeshi NGO to handle them in their country.

Some of the NGO functionaries interviewed were also of the opinion that repatriation or family integration may not be the best options due to safety and protection concerns. They feel that the findings of the home study and victim’s perspective should be instrumental in determining the right time and modality of repatriation and integration. While the Government of India officials (including police, judiciary and department of women and child development interviewed in this study) were very clear that children from Bangladesh should be repatriated back to their country, NGO functionaries interviewed in this study were of the opinion that they should be provided an option to rehabilitate in India and give them a refugee status, if they want to do so. NGOs engaged in repatriation choose to be silent on this issue or support the government, possibly because repatriation is far easier (and far less accountable) process as compared to rehabilitating a foreign national and processing refugee status for them. Some of the police staff interviewed were also of the opinion that there is no harm in “pushing back” these victims to Bangladesh, pretty much the way they entered into India.

1.2.4Lengthy Repatriation Process

Review of records and experiences of NGOs and Shelter Home reveal that in a normal course it takes around 12-18 months to repatriate a Bangladeshi girl, from the date she enters the Shelter Home. NGOs included in the study have reported anecdotal evidences of this being completed in less than 6 months and but also where it has been pending for more than 3 years, for no particular reason. Based on discussions with several stakeholders, five major reasons could be identified that contribute to the delay in repatriation.

a)Survivors providing correct information

Shelter home staff strongly believes that majority of victims do not reveal their correct identity or address when they come to the Shelter Home and it can take anywhere between 2-6 months for the Shelter Home staff to get the correct information. Ifthe girl is keen on going home quickly, she provides correct information at the first instance but mostly she does not because she is afraid and not clear about what will happen to her. Some of the girls interviewed also mentioned that they did not want their families to know about their fate and hence were reluctant to provide their correct home address initially.

b)Movement from one stakeholder to another (too many layers)

As discussed above there are too many stakeholders and too many procedures to be completed at both ends. If the process halts at any one point, the process gets delayed from there on. For example, the most common step where proceedings can halt for a long time in India is getting the No Objection Certificate from the concerned local police station, particularly when the girl is a witness in the case). This is because the police will then have the responsibility to produce the child before the court, which they are not willing to take.At the Bangladesh side it is again local police station conducting home investigation delays the process because they have to take the responsibility of establishing the fact that the girl is a Bangladeshi national and back their conclusion in the court, if required.

c)Home investigation and nationality identification by Bangladesh

Bangladesh NGOs mentioned that it takes time to trace the family, particularly when the addresses are incomplete. DWCD officials interviewed in India also questioned the intentions of Bangladeshi Government to accept their citizens back, which of course is not backed by any evidence, and seems to be a perception. There are equal numbers of complex procedures to be completed at that end.

As there isn’t a formal framework for procedures between the two countries, there are no set time limits as to when the shelter home should start the process of repatriation by informing their counterparts in Bangladesh and requesting for home investigation. Government shelter homes mentioned that as soon as they receive the girl and she admits that she is from Bangladesh, they start the process and do not wait for repatriation orders from JJB/CWC. NGO shelter homes on the other hand, delay the process generally till they have received formal orders of repatriation. Since there are no guidelines on the procedure, it is largely dependent on the practice adopted by the shelter home.

d)Repatriation orders from JJB/CWC/Court

At times, initiation of repatriation process is delayed because JJB/CWC/Court does not issue repatriation orders, particularly when the girl is a witness in the case. NGOs included in this study mentioned that these days, courts are increasingly asking for undertaking from both Indian and Bangladeshi NGOs that the girl to be produced when demanded by the court for witness. Though NGOs are not very willing to provide these undertakings (it has time, human and financial resource implications) they are doing it as it helps the girl to go home rather than staying at the shelter home till the case is pending.

Though there is a provision of using Section 164 of CrPC to record the statement of the victim and order her repatriation, CWCs are not equipped to record statements under Section 164 (though they have a status of Judicial Magistrate) and court also is reluctant to use Section 164. Moreover, in most cases victims frequently change their statements and hence statements under Section 164 can be easily challenged by the defense.

e)Family fit for integration or willing to accepting the survivor

The two Bangladeshi NGOs included in the study were of the opinion that since most of these girls come from very poor families and trafficking by parents themselves is also a reality, it takes time to undertake a thorough home study and ascertain whether the family is fit for integrating the girl and if not what could be the other options.

f)Logistical Challenges in repatriation

Logistics is the biggest issue in physical repatriation of girls. Shelter Homes have to coordinate the entire travel which includes request for escorts and managing the escorts. NGO staff also travel with them to facilitate the process at the border. NGOs face logistical and financial challenges including booking of tickets and accommodation at destination.

Another practical problem faced by authorities in Mumbai is that orders of Bangladesh Home Department and Police are in Bangla and authorities in Maharashtra are not able to interpret those orders. While Bangladeshi NGOs provide literal translation of the documents, these translations can be questioned in the court as these are not authenticated by competent authorities. Maharashtra authorities therefore suggest that the orders be sent with “certified” translations. Bangladeshi NGOs are increasingly following this recommendation.

1.2.5Sending Bangladeshi Girls to Kolkata/West Bengal

Bangladeshi girls are now being rescued from all parts of the country, including large number from Mumbai/Maharashtra in recent times. However, Maharashtra and West Bengal are the two states[3] that are equipped/ skilled to carry out repatriation of these girls. Hence, a large number of Bangladeshi girls rescued from other parts of the country are first relocated to shelter homes in Kolkata or West Bengal who then start the repatriation process. Till recently, even some of the girls from Mumbai included in this study were being transferred to Kolkata shelter homes as their repatriation could not be managed. The reason cited for this transfer was that as the repatriation is delayed, the girls will feel at home and will be able to speak their language and eat their food.

Two girls interviewed in Kolkata were relocated from Mumbai. The girls were not happy, rather frustrated and felt cheated as they said they were told they are being sent to Bangladesh but have arrived in Kolkata. NGOs in Kolkata and West Bengal feel that this is an additional burden to them and there should be many more Indian organizations directly repatriating the girls to Bangladesh. Most of the girls that arrive in Kolkata from other locations come without any case history papers and all their processes have to be started again.

1.2.6Post Repatriation Follow Ups

Post repatriation follow up with the victims appears to be a neglected issue in the entire stream of repatriation. The laws and procedures are not very explicit about follow up and the NGOs interviewed in this study mentioned that they are far too busy handling the existing cases and despite good intentions cannot pay adequate attention to the issue. The Shelter Home staff interviewed in this study admitted that follow up is not happening. CWC members also admitted that they do not get any information back once they issue repatriation orders, though they also admitted that they do not stress or ask for the information.

Government officials interviewed stated to be genuinely concerned about the well being of the girl once she is sent back to the country and (hopefully) integrated with the family and therefore are interested to know about the girl after few months or a year of repatriation. Also, DWCD officials expressed their intentions to ensure that the repatriated girls are not re-trafficked. In addition to NGOs, the government departments (e.g. DWCD in Maharashtra) and the state task force have expressed the need for receiving follow up reports from NGOs in Bangladesh who facilitate repatriation. Unfortunately, there are no standard procedures defined for follow up. NGOs, government and Task Force in India have mentioned that they do not receive any follow up report, despite a few requests. The Bangladeshi NGOs interviewed mentioned that they do submit follow up reports to their Home Department and can forward the same to Indian counterparts, if requested for. It seems that repatriation is the priority for anyone and hence follow up is very limited. Though CWCs and courts should demand for follow up reports of repatriated girls, it is generally not asked for and hence the desire for compliance further diminishes.

1.3Summary of Major Issues and Concerns

  • Too many processes and too many stakeholders are complicating the entire repatriation process and increasing the duration and effort required for completing the process. For example,
  • The Task Forces are a good mechanism appreciated by all stakeholders but are not able to contribute to their full potential due to lack of (a) official mandate by the government departments and (b) coordination between task forces
  • Repatriation currently is mandatory for all Bangladeshi victims rescued in India which at times could be in conflict with the best interests of the victim and also not in compliance with the Palermo protocol in all cases
  • Sending Bangladeshi girls to Kolkata does not seem to be acceptable to the Bangladeshi girls and also not a procedure welcome by West Bengal NGOs. However, it is recommendation by the Maharashtra State Rule for JJ Act (2006) (Section 8 (13) that the child may be lodged in a home closest to where s/he belongs. The difference between the two could be an interpretation issue.
  • Follow ups after repatriation are missing. These are neither demanded for by the competent agencies (CWC, DWCD) nor are being considered a priority by the concerned NGOs.
  • NGOs in Bangladesh and also the 3 families interviewed in Bangladesh have complained that local police when comes for verification asks for bribes which they are not able to pay and hence feel harassed. They are then under huge pressure that the application for repatriation might get rejected.

1.4Specific Recommendations from Stakeholders