Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s reports.

Forced child labour

In its previous comments the Committee took note of the comments submitted by the World Confederation of Labour, according to which child domestics work in conditions that resemble servitude. The Committee also took note of the concluding observations of the United Nations Committee on the Rights of the Child, on the report submitted by Bangladesh (UN doc. CRC/C/66, 6 June 1997). That Committee expressed its concern "about the large number of children who are working, including in rural areas, as domestic servants as well as in other areas of the informal sector. It is concerned that many such children work in hazardous and harmful conditions, and are often vulnerable to sexual abuse and exploitation". Similar indications had been brought to the attention of the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on the Promotion and Protection of Human Rights.

The Committee requested the Government to pay particular attention to the situation of child domestic workers and to provide information on this matter.

The Committee notes that in its latest report, the Government states that forced child labour is non-existent in Bangladesh, but due to extreme poverty in rural areas and urban slums, child labour exists. The Committee takes note that the Government has provided no information on the particular situation of child domestic workers.

The Committee notes that, according to the "National Report on Follow-up to the World Summit for Children," prepared by the Ministry of Women and Children Affairs (MOWCA) in December 2000, "the exploitation of children and adolescents, especially girls, is a problem in the country. They are often victims of violence like sexual harassment and rape … In Dhaka city there are an estimated 300,000 child domestic workers". The Committee also takes note of the International Programme on the Elimination of Child Labour (IPEC) "Country Programme Progress Report" for Bangladesh, for the period January-August 2001. The report states that one of the priority target groups during the period under reporting included child domestic workers.

The Commission observes that the question of child domestic labour is the focus of particular attention of the Government and of different organs and programmes of the United Nations (for example, the Committee on the Rights of the Child, the Working Group on Contemporary Forms of Slavery, and IPEC). The Committee has previously noted allegations of the World Confederation of Labour, according to which the situation of child domestic workers in Bangladesh constitutes a violation of the forced labour Convention. The Committee observes that, even if domestic work performed by children may not necessarily be considered forced labour, it is necessary to examine such work both in terms of the conditions under which it is performed and in relation to the definition of forced labour, particularly as to the validity of the consent given and the possibility of terminating employment, in order to determine if it is a situation within the scope of the Convention.

The Committee urges the Government to examine the situation of child domestic workers in light of the Convention, to communicate all information on the working conditions of child domestic workers and on the modalities of their employment, as well as on all measures taken or envisaged to protect such children from forced labour.

Trafficking of women and children

In its previous comments, the Committee noted that a plan of action on child labour envisaged the setting up of a cell on child labour in the Labour Ministry, as well as a national council on child labour comprising representatives of the Government, Bangladesh employers’ associations, trade unions and others. The Committee also noted that the plan of action covered child trafficking and child prostitution, and it asked the Government to provide full information on the plan of action on child labour and on a special unit on trafficking set up by the Government. The Committee indicated that it was aware that the situation of trafficking of women and children was particularly complex and difficult, and it encouraged the Government to take measures to raise the level of awareness about trafficking in all sectors of society by resorting to every available means, including awareness campaigns. The Committee asked the Government to provide detailed information on any practical measures taken in this area.

The Committee notes the Government’s statement in its report that the Ministry of Women and Children Affairs, in collaboration with IPEC and UNICEF, has adopted a countrywide programme on the prevention of trafficking of women and children. The Committee also notes the Government’s statement that, to combat trafficking, it had enacted the Oppression of Women and Children (Special Provisions) Act of 1995, "which has taken adequate care to prevent such offences".

The Committee has taken note of the Government’s "National Report on Follow-up to the World Summit for Children", prepared by the Ministry of Women and Children Affairs in December 2000. In section 4(g) of the report ("Children in Need of Special Protection"), the Government states that, "from the print and electronic media reports, it is apparent that child-trafficking to India, Pakistan and Gulf-countries has been taking place". In section 5(h), the Government states that, "due to widening income inequality, socio-economically disadvantaged families are driven to desperate and difficult circumstances. Trafficking of women to the neighbouring countries is a phenomenon of social and economic deprivation". According to the report, the Government is giving law enforcement "top priority" and in 2000 it passed the Supervision of Violence Against Women and Children Act, repealing the Oppression of Women and Children (Special Provisions) Act of 1995.

The Committee has also taken note of the February 2001 report of the UN Special Rapporteur on violence against women, its causes and consequences. The report, entitled "Integration of the Human Rights of Women and the Gender Perspective: Violence against Women", was submitted to the UN Commission on Human Rights, at its 57th Session (E/CN.4/2001/73/Add.2). The report includes in the Addendum a report of a visit by the Special Rapporteur to Bangladesh to study the issue of trafficking of women and girls in the region, which took place 28 October to 15 November 2000. The report confirms the alarming increase of trafficking as a form of forced labour and refers to the "extensive trafficking from Bangladesh, primarily to India, Pakistan and destinations within the country, largely for purposes of forced prostitution, although in some cases for labour servitude" (paragraph 56). According to the report, some children have reportedly been trafficked to the Middle East to work as camel jockeys. The report states that most trafficked persons, eager to escape the cycle of poverty, are lured by promises of a good job or marriage. Orphans, runaways and others outside the normal family support system are also susceptible. The border between Bangladesh and India is porous, especially around Jessore and Benapole, making illegal border crossings easy.

According to the report, "though the law provides severe penalties for trafficking, few perpetrators are punished. NGOs report that police and local government officials often ignore trafficking in women or are easily bribed to look the other way, or they may even be involved. Exact numbers of charges against traffickers are difficult to obtain and traffickers are usually charged for lesser crimes, such as crossing the border without the correct documentation" (paragraph 63).

The Committee takes note of the ILO/IPEC publication entitled "Trafficking in children in Asia", in which it is pointed out that, "in Bangladesh since trafficking was declared a non-bail offence, it has become very difficult to gather the necessary ‘conclusive’ evidence to prosecute trafficking cases".

In its general observation in 2001, the Committee recalled that, under Article 1, paragraph 1, of the Convention, ratifying States are bound to suppress the use of forced or compulsory labour in all its forms, and that under Article 25, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee asks the Government to supply further information on the progress achieved in its efforts to improve the legislative support to combat trafficking particularly of children and women. The Government is asked to provide information on the manner in which the Women and Children Oppression Act of 1995 is applied in practice, including the number of prosecutions which have proceeded under it and the extent of penalties imposed. The Committee also asks the Government to supply the text of the Supervision of Violence Against Women and Children Act, which it says it enacted in 2000.

The Committee requests that the Government report on the progress of the multi-sectoral action programme against trafficking of the MOWCA, and on the progress of the Law Commission it has set up to review existing laws and enact new ones to safeguard women’s rights and to prevent violence against women including trafficking.

The Committee asks the Government to report on the shortcomings of the Criminal Investigation Department, the unit of the police force specially tasked with speedy investigation of cases of violence against women including those involving trafficking.

Restrictions on freedom of workers to terminate employment

In previous observations and direct requests the Committee has drawn attention to the fact that, under the Essential Services (Maintenance) Act, No. LIII of 1952, it is an offence punishable with imprisonment for up to one year for any person in employment under the Central Government to terminate his or her employment without the consent of the employer, notwithstanding any express or implied term in the contract of employment providing that the employee may freely, and with notice, terminate his or her employment (sections 3, 5(1)(b) and Explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the Central Government and to any employment or class of employment declared by the Government to be an essential service. Similar provisions are contained in the Essential Services (Second) Ordinance, No. XLI of 1958 (sections 3, 4(a) and (b) and 5).

In previous comments the Committee has referred to the explanation provided in paragraph 67 of its 1979 General Survey on the Abolition of Forced Labour, where it indicated that workers may be prevented from leaving their employment in emergency situations within the meaning of Article 2, paragraph 2(d), of the Convention, i.e., any circumstances that would endanger the life, personal safety or health of the whole or part of the population. The "essential" services defined under the Essential Services (Maintenance) Act, No. LIII of 1952, and the Essential Services (Second) Ordinance, No. XLI of 1958, are not limited to such circumstances. The Committee has also pointed out in paragraph 116 of the same General Survey of 1979 that, even regarding employment in essential services whose interruption would endanger the existence or the well-being of the whole or part of the population, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are not in conformity with the Convention.

The Committee, in its 1998 observation, noted the Government’s statement that, as advised by the Committee, the legislation would be "re-examined". In its most recent reports the Government states that, under section 5 of the Essential Services (Maintenance) Act, No. LIII of 1952, "any person engaged in any employment to which this Act applies shall not abandon this employment without reasonable excuse. So there is no bar on the employees to resign from such employment if reasonable grounds exist". The Committee would point out that, under explanation 2 of section 5 of the Act, an employee "abandons" employment when, notwithstanding that under his contract of employment he may terminate his employment on giving notice, he does so "without the previous consent of his employer".

The Committee must once again urge the Government to take steps to repeal or amend the Essential Services (Maintenance) Act, No. LIII of 1952, and the Essential Services (Second) Ordinance, No. XLI of 1958, to bring them into conformity with the Convention.