Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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 sections 5(1) and 6(1) of the Suppression of Violence against Women and Children Act (SVWCA) prohibit the sale and trafficking of women (irrespective of their age) and children for purposes of prostitution or immoral acts. It had noted that, by virtue of section 2(k) of the SVWCA, as amended in 2003, a “child” means a person under 16 years of age. It had observed, consequently, that the SVWCA does not prohibit the sale and trafficking of boys between 16 and 18 years of age. It had reminded the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of both boys and girls under 18 is prohibited. The Committee notes the Government’s information that it will take the necessary steps to amend the SVWCA in order to ensure that the sale and trafficking of all children under 18 years of age is prohibited. In this regard, the Committee once again reminds the Government that, under Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency. Accordingly, the Committee urges the Government to take immediate and effective measures to ensure that the amendments to the SVWCA, according to which the sale and trafficking of all children under 18 will be prohibited, are adopted in the very near future. It requests the Government to provide information on the progress made.

Article 5. Monitoring mechanisms. The Committee had previously noted that the anti-trafficking unit, established within the Ministry of Home Affairs, and the Criminal Investigation Department (CID) deal with child trafficking issues. It had noted the Government’s information that the police and other law enforcement agencies, as well as local governmental organizations, are involved in the fight against trafficking. It had further noted that although a lack of resources hinders investigations, Bangladesh has expanded anti-trafficking police units to every district to encourage victims to testify against traffickers and to compile data on trafficking. The Committee had noted that, in response to inadequately trained police and prosecutors, the Government has worked with legal experts to provide specialized training to prosecutors and, with the International Organization for Migration, to develop a trafficking course for the national police academy and for immigration officials. The Committee notes that, according to a trafficking in persons report of 2008 (trafficking report of 2008), available on the website of the High-Commissioner for Refugees (www.unhcr.org), airport authorities screen travellers to identify and stop potential victims and traffickers before they leave the country. The Committee notes that, in its concluding observations of 5 July 2007, in consideration of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, the Committee on the Rights of the Child encouraged the Government to continue its efforts to strengthen its judicial and police cooperation activities at the international level for the prevention, detection, investigation, prosecution and punishment of those responsible for acts involving the sale of children (CRC/C/OPSC/BDG/CO/1, paragraph 44). The Committee accordingly requests the Government to continue its efforts in strengthening the role of the CID, the police and the Anti-Child Trafficking Unit, in order to enable them to combat the trafficking of children for labour and sexual exploitation. It requests the Government to provide information in this respect.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee had noted the International Trade Union Confederation’s (ITUC) indication 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. The Committee had noted that the two-year Subregional Programme to Combat Trafficking in Children for Sexual and Exploitative Employment (TICSA) in Bangladesh, Nepal and Sri Lanka was renewed in 2002 and expanded to Pakistan, Thailand and Indonesia (TICSA-II). It had noted the Government’s statement that it has enacted different laws and adopted various developmental projects in collaboration with international agencies in order to prevent trafficking, especially through advocacy programmes, workshops and public awareness campaigns. It had finally noted the Government’s statement that the rate of trafficking in children and women has reduced considerably because of the measures adopted and the enforcement of the provisions of laws.

The Committee notes that the TICSA-II project in Bangladesh has ended. It notes with interest that, according to the technical progress report for TICSA-II of 20 April 2006 (TPR for TICSA-II), in the framework of the project, 156 camel jockeys returned to Bangladesh from the UAE and are in the process of rehabilitation at the Bangladesh National Lawyers’ Association shelter home and at the Dhaka Ahsania Mission. Furthermore, in the framework of TICSA-II, 6,924 services, including non-formal education, formal schooling, vocational training and legal assistance, were provided to girls and 4,343 services were provided to boys. The TPR for TICSA-II also indicates that, in Bangladesh, 28 children were withdrawn from exploitative work through the provision of educational services or training opportunities and 4,173 children were prevented from such work. The Committee further notes that, in its concluding observations, the Committee on the Rights of the Child takes note of the initiative started with the “One Stop Crisis Centres” for victims and of the fact that the Ministry of Women and Children Affairs (MOWCA) set-up a Subcommittee on recovery and rehabilitation (CRC/C/OPSC/BDG/CO/1, paragraph 34). Moreover, the Committee notes that the TPR for TICSA-II indicates that the National Anti-Trafficking Strategic Plan of Action (NATSPA) is still pending approval. The Committee finally notes that in the framework of the ILO–IPEC Time-bound Programme (TBP), one of the major components of the TBP is the implementation of programmes to combat the unconditional worst forms of child labour, including child trafficking for labour and sexual exploitation. The Committee requests the Government to provide information on the progress made in adopting the NATSPA and in elaborating the child trafficking intervention component in the framework of the TBP. It also requests the Government to provide information on the impact of these programmes once implemented, particularly in terms of the number of children prevented from being the victims of trafficking and the number of child victims removed from this worst form of child labour. It also requests the Government to provide information on the number of child victims of trafficking who were rehabilitated and socially integrated through the “One Stop Crisis Centres” and the Subcommittee on recovery and rehabilitation.

Article 7, paragraph 1. Penalties. The Committee had previously noted that section 6(1) of the SVWCA provides for sufficiently effective and dissuasive penalties of imprisonment and fines for the sale and trafficking of children. It had noted the Government’s information that there are at least 33 tribunals where special judges are appointed to deal with cases of trafficking. However, despite successes in the punishment of traffickers, public corruption is still widespread, the court system is slow and traffickers are often charged with lesser crimes, such as crossing borders without proper documentation.

The Committee notes that, according to the trafficking report of 2008, Government efforts to criminally address trafficking improved in some areas. The Government opened 123 investigations, made 106 arrests and initiated 101 prosecutions of sex trafficking offences. However, the trafficking report of 2008 indicates that the Government reported 20 trafficking convictions in 2007, 23 fewer than the previous year. Life imprisonment sentences were imposed on 18 of the convicted traffickers and the remaining two convicted traffickers received sentences of 14 and ten years’ imprisonment. The Committee notes that, in its concluding observations, the Committee on the Rights of the Child expressed its concern at the inadequate implementation of existing laws and recommended that the Government take all the necessary measures to ensure that the
existing legislation is adequately implemented (CRC/C/OPSC/BDG/CO/1,
paragraphs 8–9). The Committee therefore urges the Government to take the necessary measures to ensure that persons who traffic in children are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee once again requests the Government to continue providing information on the number and nature of infringements reported, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching to children at special risk. Child domestic workers. In its previous comments, the Committee had noted that, according to the World Confederation of Labour (WCL), child domestics worked in conditions that resemble servitude. It had noted the Government’s statement, in reply to the comments made by the WCL, that forced labour is prohibited by virtue of article 34 of the Constitution and that child domestics were usually well-treated and were not subject to forced or bonded labour. The Committee had noted that, in Dhaka City alone, there were an estimated 300,000 child domestic workers. It had noted the Government’s statement that the recent study conducted by the ILO in 2006 on the conditions of domestic servants in Bangladesh under the TBP revealed that more than 90 per cent of domestic servants expressed satisfaction with their jobs and employers and did not want to leave their jobs. The Committee had noted the Government’s statement that in Bangladesh child domestic workers cannot be considered as being involved in the worst forms of child labour. The Committee had nevertheless considered that child domestic workers often fall prey to exploitation, which can take various forms.

In this regard, the Committee notes that, according to the TBP, child domestics constitute a high-risk group. They are outside the normal reach of labour controls and are scattered and isolated within the households in which they work. This isolation, together with the children’s dependency on their employers, lays the ground for potential abuse and exploitation. One of the key issues distinguishing domestic labour from other types of child labour is the 24-hour nature of the job. Employers expect the children to do domestic work at any time of day or night, whenever needed. The long hours, low or no wages, poor food, overwork and hazards implicit in the working conditions affect the children’s physical health. The Committee notes the Government’s statement that it has elaborated some guidelines to protect child domestic workers from the worst forms of child labour. The Government also indicates that it is expected that some specific policies will be made concerning the working conditions of child domestic workers. The Committee requests the Government to provide more concrete information on the guidelines to protect child domestic workers and on their impact on protecting child domestic workers from the worst forms of child labour. It also requests the Government to provide information on the policies it intends to adopt concerning the working conditions of child domestic workers. In this regard, the Committee expresses the firm hope that these policies will ensure that child domestic workers under 18 years of age do not perform any type of the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, in its concluding observations, the Committee on the Rights of the Child expressed regret that data on the extent of the sale of children, child prostitution and child pornography and on the number of children involved in these activities is very limited, mainly due to the absence of a comprehensive data collection system (CRC/C/OPSC/BGD/CO/1, paragraph 6). The Committee notes, however, that according to the technical progress report of 22 February 2007 for the TBP, the Bangladesh Bureau of Statistics conducted 13 research studies on different thematic areas, including internal and cross-border trafficking, in the framework of the TBP preparatory phase. The Committee requests the Government to provide statistical data on the trafficking of children collected through the research study on internal and cross-border trafficking.

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