Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first and second reports, and the communication of the International Confederation of Free Trade Unions (ICFTU) dated 2 September 2002. Referring to the comments made by the Committee under the Forced Labour Convention, 1930 (No. 29), in so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee considers that the issues of trafficking of children and forced labour of children working as domestics may be examined more specifically under this Convention. The Committee requests the Government to supply further information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee had noted that a law commission had been set up to review the existing laws and enact new ones to safeguard woman’s rights, and eliminate the trafficking of women and children.

In reply to the Committee’s observation, the Government reports that the Suppression of Violence against Women and Children Act was enacted in 2000, and the Women and Children Oppression Act of 1995 was consequently repealed. The Committee notes that, by virtue of section 5(1) of the Suppression of Violence against Women and Children Act, a person who "with the intention of engaging in prostitution or illegal or immoral acts, brings in from abroad or sends or traffics a woman abroad or buys or sells or lets on hire or otherwise delivers a woman for the purpose of oppression, or for such other purpose, keeps a woman in his/her possession or custody", commits an offence. Section 6(1) of the Suppression of Violence against Women and Children Act of 2000 further states that a person who "brings in from abroad and sends or traffics abroad any children or buys or sells any children for any unlawful or immoral purpose or takes possession or keeps in his/her custody for the said purpose" commits an offence. The Committee also notes that, by virtue of section 2(k) of that Act, a "child" means a person under 14 years of age and a "woman" refers to all females irrespective of their age. The Committee consequently notes that the sale and trafficking of boys aged 14 years or above is not prohibited. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of boys and girls under 18 is prohibited and that, under Article 1 of the Convention, it is obliged to take immediate and effective measures to prohibit this worst form of child labour. The Committee accordingly requests the Government to take the necessary measures to ensure that the sale and trafficking of all children under 18 years of age is prohibited.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. In its previous comments, the Committee noted that a Child Labour Unit was about to be established within the Ministry of Labour. The Committee notes the Government’s indication that an Anti-Child Trafficking Unit was established within the Ministry of Home Affairs. It is responsible for identifying those involved in trafficking, arresting them and promptly rescuing trafficked persons. The Government further indicates that two other units deal with child trafficking issues, one is the BRD and the other is the Criminal Investigation Department (CID), which is part of the police. The Committee requests the Government to provide information on the activities of the BRD and the CID as well as the number of persons arrested and rescued by of the Anti-Child Trafficking Unit. It also asks the Government to provide information on the interaction between the different units dealing with child trafficking.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous observation, the Committee noted that according to the report of the Special Rapporteur of the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56), there is "extensive trafficking from Bangladesh, primarily to India, Pakistan and destinations within the country, largely for the purpose of forced prostitution, although in some cases for labour servitude". The report further indicates that there were reported cases of children trafficked to the Middle East to work as camel jockeys. The Committee also noted that the Government itself ("Children in Need of Special Protection" of December 2000 drafted by the Ministry of Women and Child Affairs) was aware of children being trafficked from Bangladesh to India, Pakistan and Gulf countries. The Committee further noted that the Ministry of Women and Children’s Affairs, in collaboration with ILO/IPEC and UNICEF, launched in 2000 a Subregional Programme to Combat the Trafficking in Children for Sexual and Exploitative Employment in Bangladesh, Nepal and Sri Lanka.

The ICFTU, in its communication dated 2 September 2002, indicates that women and children are trafficked from Bangladesh to India, Pakistan and countries in the Middle East where they are forced to work as prostitutes, factory workers or camel jockeys. Girls are lured into forced labour through promises of marriage and taken to cities such as Calcutta, Mumbai and Karachi where they are forced into prostitution. Boys are more likely to be taken to work as camel jockeys in the United Arab Emirates or other Gulf States.

In reply to the comments made by the Committee, the Government indicates that continuous programmes are being adopted in order to raise people’s awareness (organization of workshops, conferences, radio or TV programmes) and to prevent the trafficking of children. In 2001, for instance, the Centre for Ethnic Children implemented a pilot project entitled "Theatre for awareness raising of the communities in preventing trafficking of children". The Centre for Ethnic Children directly reached 110,000 persons in Panchagarh, Thakurgaon and Dinajpur. The Committee also notes that the two-year Subregional Programme to Combat the Trafficking in Children for Sexual and Exploitative Employment in Bangladesh, Nepal and Sri Lanka was renewed in 2002 and expanded to Pakistan, Thailand and Indonesia. Under the second phase of the programme, the following activities will be undertaken within Bangladesh: (i) the establishment of a database on trafficking; (ii) the adoption of the necessary measures to provide 5,000 children with non-formal education; (iii) the taking of measures to provide support to improve economic opportunities of about 300 families; and (iv) the rescuing and rehabilitation of 100 child victims of trafficking.

The Committee observes that despite the adoption of a subregional programme to combat child trafficking, this issue remains a matter of concern in Bangladesh. The Committee accordingly requests the Government to redouble its efforts to eliminate the trafficking of children for sexual and labour exploitation. It also requests the Government to provide detailed information on the concrete measures taken pursuant to the adoption of the second phase of the subregional Programme to Combat the Trafficking in Children for Sexual and Exploitative Employment, and the results achieved.

Article 7, paragraph 1. Sanctions. The Committee noted previously that the Special Rapporteur to the United Nations Commission on Human Rights (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 63) stated that "though the law provides severe penalties for trafficking, few perpetrators are punished".

The Committee notes that, by virtue of section 6(1) of the Suppression of Violence against Women and Children Act, a person who brings in from abroad and sends or traffics abroad a child under 14 years of age or buys or sells a child under 14 years of age for any unlawful or immoral purpose or takes possession or keeps in his/her custody for the said purpose, commits an offence and shall be punished by death penalty or life imprisonment and a fine. If the victim of trafficking for labour or sexual exploitation is a woman (irrespective of her age), the trafficker is liable to the death penalty, imprisonment for life or rigorous imprisonment for ten to 20 years and a fine (section 5(1) of the Suppression of Violence against Women and Children Act). According to section 6(1) of the aforementioned Act, a person who violates the prohibition to traffic children under 14 years of age for unlawful or immoral purposes, shall be punished with death or rigorous imprisonment for life and liable to a fine. The Committee requests the Government to provide information on the reported number of infringements, investigations, prosecutions, convictions and the penalties imposed with regard to child trafficking.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. In its previous comments, the Committee noted that, according to the World Confederation of Labour, child domestics work in conditions that resemble servitude. It also noted the "National Report on Follow-up to the World Summit" prepared by the Ministry of Women and Children Affairs in December 2000 according to which children and adolescents were exploited in the country and that in Dhaka City there were an estimated 300,000 child domestic workers.

In reply to the comments made by the World Confederation of Labour, the Government states that forced labour is prohibited by virtue of article 34 of the Constitution and that child domestics are usually well-treated. The Government also indicates that child domestic work is a long-standing practice, prevailing due to the overall economic and social conditions of the country. It stresses, however, that child domestic workers are not the subject of forced or bonded labour. The Government considers that this practice has both demerits and merits. Thus, the negative aspects of child domestic work are that child domestic workers rarely have access to education. The Government further states that some child domestic workers do not get wages or proper food and clothing, and that, in exceptional cases they are sexually or physically abused. According to the Government, the merits to child domestic work are that it prevents children from being engaged in more hazardous work, or from being trafficked or sexually exploited. The Government further indicates that several programmes are in progress, including a programme on the eradication of hazardous child labour; a project entitled "Informal sector task force for the prevention and elimination of child labour in urban areas"; a US/DOL project for preventing and eliminating the worst forms of child labour in selected sectors; and a Time-Bound Programme (TBP) adopted in June 2004 by the Government and ILO/IPEC for the elimination of the worst forms of child labour. These programmes are aimed at eliminating the worst forms of child labour. The Committee asks the Government to provide information on the impact of the abovementioned technical cooperation projects with regard to protecting child domestic workers under 18 from hazardous labour and providing for their rehabilitation and social integration.

Article 8. International cooperation. The Committee noted previously that the border between Bangladesh and India is porous, especially around Jessore and Benapole, making illegal border crossing and consequently, child trafficking, easier (E/CN.4/2001/73/Add.2, 6 February 2001, paragraph 56). According to the same report of the Special Rapporteur of the United Nations Commission on Human Rights (paragraph 14), 10,000 to 15,000 girls and women are trafficked each year across the border to India. The Committee accordingly asks the Government to provide information on any cooperation measures between Bangladesh and India, as well with other countries known for hosting Bangladeshi child victims of trafficking, to eliminate child trafficking.

The Committee is also addressing a request directly to the Government concerning other detailed points.