P ROTECTIO N S FO R V ICT IMS AND WIT NES SES OF C RIMES The Act defines human trafficking as: • the act of the selling or buying, recruitment or receiving, deporting or transferring, sending or confining or harbouring of any person; • for the purpose of sexual exploitation or oppression, labour exploitation or any other form of exploitation or oppression; • by means of (a) threat or use of force; (b) deception or abuse of socioeconomic or environmental or other types of vulnerability; (c) exchange of money to procure consent of a person having control over him/her. The means element becomes immaterial where the victim of trafficking is a child (under 18 years or age) by law. P ROTECTIO N N OT ES Rohingya victims of human trafficking should be able to file complaints against any individual or group of individuals involved in human trafficking, and to be temporarily housed in a public or private protective home during trial and/or before prosecution separate from the accused, to request the appointment of an interpreter at the Tribunal, and to receive compensation from the convicted offender(s). Rohingya victims of human trafficking should also be informed of the actions taken against the traffickers by the relevant authorities at least once a month, of their victim rights to compensation and legal aid, and of other benefits available under this Act. Rohingya victims of human trafficking should also be allowed to institute a civil suit in any civil court for compensation alongside criminal proceedings, and to receive compensation from the (yet to be established) Human Trafficking Prevention Fund. As reported by the National Human Rights Commission, the practice of charging Rohingya victims of human trafficking with violations of the Foreigners Act must be ended.45 Section 37(1) of the Act explicitly states, “Any person or agency dealing with the subject-matter of this Act shall endeavour to ensure that any victim of the offence of human trafficking is not subjected to conviction or punishment under this Act or any other existing law.” Special Benefits for Women Convicted in Prisons Act, 2006 and Rules, 2020 S UMMARY Provides a number of special considerations (including conditional release) for women convicted of crimes and sentenced to a prison term exceeding one year (Section 4), excluding female prisoners sentenced to death, life imprisonment, convicted of treason, or convicted under the Explosives Act, the Arms Act, or any law relating to narcotics (Section 5). AP PL ICAB IL IT Y TO RO H I NGYA Under this Act, any woman (without reference to citizenship) sentenced to more than one year’s imprisonment who has completed one-half of her sentence is eligible to apply to the relevant national or district committee to receive the special benefits. Therefore, Rohingya women who have been sentenced to more than one year’s imprisonment and completed one-half of their sentence are covered by this Act. P ROTECTIO N N OT ES Rohingya women who are sentenced to more than one year’s imprisonment and who have completed one-half of their sentence (subject to the ineligibility criteria laid out in Section 5) should be able to apply to the relevant district or national committee to be granted special benefits, including: • conditional release; • vocational training; 51 BE YOND REFU GE: ADVANCING LEG AL PROTECTIONS FOR ROHINGYA C OMMUNITIES IN BANGL ADESH