2024 Trafficking in Persons Report: Bhutan

BHUTAN (Tier 2)

The Government of Bhutan does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period; therefore Bhutan remained on Tier 2. These efforts included initiating investigations into trafficking cases and convicting more traffickers. The government identified more trafficking victims and courts awarded restitution for victims. In addition, the government repatriated victims of online scam operations. However, the government did not meet the minimum standards in several key areas. The government reported fewer prosecutions of suspected traffickers. Police and judicial officials continued to lack an understanding of human trafficking, and officials disproportionately focused on trafficking crimes against women and children, as well as transnational trafficking crimes, and did not take adequate action to address trafficking crimes against other vulnerable groups. The government did not report referring any trafficking victims to services during the reporting period. In addition, Bhutan’s trafficking laws did not criminalize all forms of child sex trafficking.

Vigorously investigate and prosecute trafficking crimes and seek adequate penalties for convicted traffickers, which should involve significant prison terms. * Systematically and proactively identify trafficking victims by screening for trafficking indicators among vulnerable populations, including foreign migrant workers. * Train officials on the implementation of anti-trafficking laws, SOPs for victim identification and referral, and guidelines for child protection. * Train labor inspectors to screen cases of labor violations for indicators of forced labor such as nonpayment of wages, particularly among foreign migrant workers, and refer potential cases to police for criminal investigation. * Amend anti-trafficking laws to ensure that a demonstration of force, fraud, or coercion is not required to constitute a child sex trafficking offense, consistent with international law. * Consistently enforce strong regulations and oversight of labor recruitment companies, including by eliminating recruitment fees charged to workers, investigating claims of nonpayment of wages and contract switching, and holding fraudulent recruiters criminally accountable.

The government slightly increased anti-trafficking law enforcement efforts. The law criminalized all forms of labor trafficking and some forms of sex trafficking. Section 154 of the penal code criminalized all forms of adult sex trafficking, adult labor trafficking, and child labor trafficking. However, the law defined trafficking to require a demonstration of force, fraud, or coercion, which is inconsistent with international law for child sex trafficking, thereby failing to criminalize all forms of child sex trafficking. Similarly, Section 224 of The Child Care and Protection Act (CCPA) criminalized child trafficking but, inconsistent with international law, also required a demonstration of force, fraud, or coercion to constitute a child sex trafficking offense and therefore did not criminalize all forms of child sex trafficking. Section 9 of the Labor and Employment Act (LEA), which criminalized “the use, procuring or offering of the child for prostitution,” could be used to prosecute some forms of child sex trafficking. Section 379 of the penal code defined “trafficking a person for prostitution” as selling, buying, or transporting a person into or outside of Bhutan for the purposes of “prostitution”. Section 154 of the penal code prescribed penalties ranging from three to five years’ imprisonment, Section 379 prescribed from five years to life imprisonment, and Sections 9 of the LEA and 224 of the CCPA prescribed from five to nine years’ imprisonment. These punishments were sufficiently stringent and, with respect to sex trafficking, commensurate with penalties prescribed for other grave crimes, such as abduction.

The government reported initiating investigations of two sex trafficking cases, compared with no investigations in 2022. The government reported initiating prosecution against two suspects for sex trafficking compared with prosecuting 18 alleged traffickers in 2022; the government reported continuing prosecution of 25 potential trafficking cases involving an unknown number of alleged traffickers for exploitation of victims in the Middle East during previous reporting periods. The government reported convicting 17 traffickers compared with no convictions in 2022. Although the government continued to prosecute cases involving Bhutanese trafficking victims in the Middle East, Bhutan did not report any collaboration with foreign governments on trafficking cases. However, as a member of the Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation (BIMSTEC) sub-group on human trafficking, the government participated in the development of a multi-country initiative to combat trafficking in the region. BIMSTEC’s members include Bangladesh, Bhutan, Burma, India, Nepal, Sri Lanka, and Thailand.

The Woman and Child Protection Division (WCPD) of the Royal Bhutan Police (RBP) was responsible for investigating trafficking crimes, and the Office of the Attorney General prosecuted trafficking cases with the Royal Court of Justice overseeing trials. The government maintained 17 WCPD units at police stations and the RBP headquarters in Thimphu. The government, which disproportionally focused on transnational trafficking crimes and detecting trafficking crimes at border checkpoints, operated biometric systems at entry points into Bhutan and maintained border management policies. Police and judicial officials continued to lack an understanding of human trafficking, including both internal trafficking and transnational trafficking. The WCPD focused primarily on crimes against women and children, but officials did not always file trafficking charges even when trafficking indicators were present. In some cases, successful anti-trafficking law enforcement efforts relied on persistent individual officers. The WCPD and RBP continued to conduct anti-trafficking trainings and RBP trained personnel on the implementation of anti-trafficking laws.

The government did not report any investigations, prosecutions, or convictions of government employees complicit in human trafficking crimes; however, corruption and official complicity in trafficking crimes remained concerns.

The government slightly increased protection efforts. The government reported identifying eight trafficking victims – two sex trafficking victims and six forced labor victims – compared with no victims in 2022. The government did not report referring any trafficking victims to services during the reporting period. RBP reportedly screened for trafficking in enforcement operations, including of vulnerable groups at worksites, businesses, and border areas, but did not identify any trafficking victims. The government had an SOP on victim identification and separate guidelines outlining reporting responsibilities for government agencies providing victims services and referring them to care. The National Commission for Women and Children (NCWC) had SOPs on providing protection services and case management to women and children, including trafficking and GBV victims. The NCWC also had procedures to guide labor inspectors, immigration officials, and teachers in the identification of child victims and at-risk youth and refer them to services. The government conducted training on the victim identification and referral to care SOPs for government officials, including immigration officers. Observers reported further training was required to help police officials identify potential victims among vulnerable populations, particularly children.

The government allocated 500,000 Nu ($6,010) for victim protection and assistance, including funding for civil society organizations. The government provided an additional 4 million Nu ($48,100) to support a recently established NGO-run community services center for victims of sexual violence and GBV, including trafficking, in the southern part of the country. The government and civil society partners could provide services such as counseling, legal aid, medical care, psychosocial care, reintegration support, and vocational training for women and children. The government continued to provide some services, including both virtually and in-person, to an unknown number of victims identified in previous reporting periods. The government reported services were available to all trafficking survivors, including men; however, it did not report providing services to foreign victims during the year. The government could refer trafficking victims to two NGO-run shelter facilities for accommodations and services; the government did not report whether any trafficking victims received shelter services during the year. In 2022, the government established the Pema Centre to provide mental health care, case management, and counseling services to a variety of patients, including human trafficking survivors, although the center remained only partially operational during the reporting period. The government operated a legal aid center to provide free legal advice, legal assistance, and legal representation in civil and criminal cases, including human trafficking. The government had vocational and skills training available for trafficking survivors to gain livelihood skills, although the government did not report whether any trafficking victims used these services during the reporting period. The government continued to provide skills training and employment programs for former “draying” employees – women from typically lower socioeconomic groups employed in entertainment venues potentially linked to exploitative working conditions – following permanent closure of such venues in January 2022, although some women did not find these opportunities appealing. In August 2023, the government launched a national reintegration program for overseas workers to support migrant workers – including trafficking victims – returning from overseas employment. The government repatriated at least six victims of online scam operations during the reporting period.

The government offered some victim-witness assistance to support trafficking victims participating in investigations and prosecutions, including legal assistance, and two trafficking victims participated in criminal justice proceedings with support from a government-appointed lawyer. Trafficking victims could provide testimony via video or written statement, and the electronic litigation system was available in all courts. In addition, the penal code allowed human trafficking victims to file civil suits against traffickers and courts to order traffickers to pay appropriate damages and restitution for loss or injury caused to the victim. During the reporting period, courts ordered convicted traffickers to pay restitution to victims for fees and charges incurred for employment in the Middle East. The government did not maintain a victim compensation fund. The immigration department mandated authorities report suspected women and child trafficking victims identified within Bhutan to the NCWC for screening and protection services before initiating deportation for immigration violations. Bhutanese law did not provide legal alternatives to the removal of trafficking victims to countries in which victims would face retribution or hardship. The government continued to pursue a bilateral agreement, initiated in March 2021, with the Government of the United Arab Emirates to enhance collaboration, including protection of victims during repatriations. The government had agreements with some migrant destination countries, including Japan; however, limited formal diplomatic relationships, including a lack of mutual law enforcement agreements, with migrant worker destination countries may have hindered Bhutanese efforts.

The government maintained efforts to prevent human trafficking. The Department of Law and Order (DLO) served as Bhutan’s lead anti-trafficking agency and led the government’s anti-trafficking task force, which met once, and consisted of government and civil society members. The government continued to implement its National Action Plan, launched in January 2022, as part of the government’s broader trafficking prevention strategy. The government allocated approximately 1 million Nu ($12,020) to implement anti-trafficking awareness programs. The government and civil society partners conducted awareness campaigns for students, teachers, and the general public. The government also conducted awareness trainings for local government and security officials. The government continued to fund a hotline staffed by counselors to support victims of GBV, including trafficking survivors, and maintained district-level helplines operated by local officials and civil society organizations; the government did not report identifying any potential trafficking victims through the hotlines.

The government registered foreign migrant workers in Bhutan, monitored working conditions, and produced and disseminated pamphlets advising workers of their rights and worker safety. The Department of Labor (DOL), within the Ministry of Industry, Commerce, and Employment (MoICE), reported screening for child labor and forced labor during routine, follow-up, and special inspections, although officials did not identify any potential cases. The DOL, which employed 25 labor officers, lacked adequate funding to conduct inspections across all labor sectors. The government reported training nearly all labor inspectors and immigration officials on human trafficking. The government reportedly conducted 5,251 labor inspections, but officials did not report whether it identified any labor violations. As in previous reporting periods, the government did not report the disposition of labor complaints, including whether it levied civil or criminal penalties. The DOL generally mediated claims of nonpayment of wages and did not refer violators to police for criminal investigation of potential forced labor crimes or penalize employers if they paid the outstanding wages. In June 2023, the government approved the recruitment of foreign domestic workers to provide childcare to Bhutanese households while imposing restrictions to prevent further cases of trafficking. The government reported MoICE would inspect private homes for labor violations to monitor conditions and prevent exploitation of domestic workers. The government allowed migrant workers to change employers through a special process requiring registration with the DOL.

The government prohibited unlicensed recruitment agents from facilitating overseas employment. Government regulations on overseas employment allowed most agents to charge Bhutanese migrant workers a recruitment fee of one month’s salary along with a limited number of recruitment expenses, except for costs associated with a visa or work permit. Recruitment fees were not charged to Bhutanese workers who travelled overseas through direct placement programs or by Bhutanese companies who bring foreign workers to Bhutan. The government maintained its policy requiring Bhutanese migrant workers to receive approval from MoICE prior to traveling overseas. The government supported programs to encourage safe migration practices and prevent the exploitation of prospective migrants by fraudulent recruiters; MoICE required any Bhutanese traveling overseas for employment to participate in a predeparture orientation on human trafficking and the risks of overseas employment. The government posted online announcements to warn potential migrant workers of false advertisements and to encourage applicants to verify job advertisements. The government began development of an online overseas employment portal to help job seekers distinguish between official and unregistered placement agencies and agents. In February and March 2024, the Department of Employment and Entrepreneurship (DoEE) conducted a monitoring visit to inspect working conditions of Bhutanese workers in the Middle East.

MoICE continued to monitor recruitment agencies that assisted Bhutanese citizens older than age 21 seeking work overseas. MoICE could take action against agents conducting recruitment or placements without a license. MoICE monitored Bhutan’s four licensed agencies while continuing to suspend registration of new labor recruitment agencies and agents. MoICE reported four registered Bhutanese Overseas Employment Agents (BOEAs) remained operational; the registration of new BOEAs remained on hold. Labor regulations held BOEAs responsible for supporting migrants and fulfilling their contractual obligations even when agency registrations were suspended or terminated. The DoEE monitored the registered BOEAs through site visits and written reports; the government did not identify any violations. Pre-existing regulations outlined oversight of foreign worker programs to ensure fair recruitment processes, working conditions, and repatriation for Bhutanese migrant workers. The government restricted employment in the Middle East to people between the ages of 21 and 29 years, increasing the likelihood of irregular migration and vulnerability to trafficking. DoEE continued to provide career counseling to young job seekers transitioning from school to work, which included information on human trafficking. The Bhutan Qualification and Professional Certification Authority supervised education consultancies and placement firms for Bhutanese students studying abroad. The government also maintained a program for unemployed Bhutanese citizens designed to provide work and skills training, thereby reducing economic vulnerability to trafficking.

The government did not make efforts to reduce the demand for commercial sex acts. The government reported diplomatic personnel receive anti-trafficking training prior to transferring to foreign assignments, although no anti-trafficking trainings were held during the reporting period. The government incorporated anti-trafficking training in its pre-deployment curriculum for peacekeepers, although the government did not report providing anti-trafficking training to its troops during the reporting period.

As reported over the past five years, human traffickers exploit domestic and foreign victims in Bhutan, and traffickers exploit victims from Bhutan abroad. Bhutanese workers frequently migrate to urban areas seeking opportunities where they are vulnerable to exploitation, including trafficking. Many young Bhutanese, including recent graduates, lack economic opportunities and seek education or employment abroad, particularly in Australia and the Middle East, increasing vulnerability of exploitation by recruiters. Although pandemic-related restrictions temporarily reduced the number of migrant workers, a growing number of Bhutanese citizens have resumed seeking employment abroad, particularly in the Gulf states. In recent years, traffickers sent Bhutanese women to Iraq and Oman for forced labor in domestic work. Bhutanese migrants continued to work abroad in the hospitality, retail, and service sectors through global training and placement academies; some participants reported indicators of trafficking, including high recruitment fees and wage deductions, restricted movement, passport retention, and nonpayment of wages. Bhutanese students in international work-study programs have experienced indicators of forced labor, including fraudulent contracts, nonpayment of wages, and passport retention. Government quotas limit the number of Bhutanese seeking employment opportunities abroad in specific industries; many Bhutanese opt to travel via informal channels with increased risks of exploitation, including labor trafficking, to circumvent the limited number of available positions each year. Unregistered and unscrupulous foreign employment recruitment agencies and sub-agents increasingly operate through social media to target unemployed or economically disadvantaged individuals. Some traffickers posing as recruiters offer ostensibly well-paying jobs overseas but exploit Bhutanese in forced labor. Traffickers fraudulently recruit Bhutanese victims with job offers and force them to engage in online scam operations, including in the Philippines.

Traffickers exploit Bhutanese women and girls in sex and labor trafficking, including in forced domestic labor and caregiving, through debt bondage and threats of physical abuse. Observers report commercial sex by Bhutanese and Indian women in the Bhutan-India border’s growing hospitality and entertainment districts – including hotels, massage parlors, and nightclubs – who may be vulnerable to trafficking.

Observers note instances of child labor within Bhutan’s restaurant and automobile workshop industries, some of which had indicators of forced labor. Relatives transport rural Bhutanese to urban areas for employment in domestic work, which may involve forced labor. Bhutanese children with criminal records are particularly vulnerable to trafficking.

Tens of thousands of foreign workers support the Bhutanese economy in government-approved job categories, particularly construction. These low-skilled foreign workers, consisting mostly of men from India, are hired to work on public construction projects, including hydropower, and home building. Migrant workers are usually recruited by foreign contractors and often receive advances before beginning work in Bhutan. Some workers subsequently report unauthorized deductions and nonpayment of wages, or recruiters absconding with workers’ wages. Foreign workers perform domestic work alongside Bhutanese nationals from rural areas with limited oversight from labor officials. Some domestic workers are unpaid by employers, experience abuse and physical mistreatment, and cannot leave their employers or return home. Traffickers have exploited Indian children as domestic workers in Bhutan. Although the government issues permits to foreign workers, Bhutan’s more than 400-mile border with India remains highly porous despite the government’s efforts to monitor migration, leading to concerns about potential exploitation of unregistered migrant workers.