Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Bangladesh (Ratification: 2001)

Other comments on C182

Observation

Direct Request

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage. The Committee previously noted that section 35 of the Labour Act of 2006 (Labour Act) prohibits debt bondage but only in respect of children under 14 years.

The Committee notes with interest that section 9 of the of the Prevention and Suppression of Human Trafficking Act No. 3 of 2012 (Trafficking Act, 2012) makes it an offence to unlawfully force another person to provide labour or service or to exact any work or service by using force or threat to hold in debt bondage any other person.

2. Forced or compulsory recruitment for use in armed conflict. Following its previous comments, the Committee notes the Government’s information that in Bangladesh there is no compulsory military service requirement for its citizens. The Government further states that, since joining the military service is voluntary, the recruitment age does not contradict international labour standards.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that the Suppression of Violence against Women and Children Act (SVWCA) did not prohibit the use, procuring or offering of a boy between 16 and 18 years for prostitution, for the production of pornography, or for pornographic performances.

The Committee notes that, according to sections 372 and 373 of the Penal Code, any person who sells, buys, hires or lets to hire or otherwise disposes or takes possession of any other person under the age of 18 years with the intent that such person shall be used for the purpose of prostitution or illicit intercourse or for any unlawful or immoral purpose shall be punished with imprisonment for up to ten years and fined. The Committee also notes that, according to sections 3 and 6 of the Trafficking Act 2012, trafficking of children for the purposes of engaging them in prostitution or for the production or distribution of pornographic materials shall be punished. The Committee further notes that the Government enacted a new Pornography Control Act, 2012 which establishes severe penalties for the offences related to engaging children in the production of pornography. The Committee requests the Government to provide a copy of the relevant provisions of the Pornography Control Act, 2012.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that the use, procuring or offering of a child under 18 years for illicit activities did not seem to be prohibited by national legislation. The Committee notes the Government’s statement that, according to national laws, the use of children for illicit activities including the production and trafficking of drugs is illegal and punishable. However, it does not indicate the provisions which contain such a prohibition. The Committee, therefore, requests the Government to indicate the provisions in the national legislation which prohibit the use, procuring or offering of a child under 18 years for illegal activities, including the production and trafficking of drugs.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Law enforcement agencies. The Committee previously expressed its concern at allegations of complicity and cooperation of law enforcement officials and other government officials with human traffickers. It therefore urged the Government to redouble its efforts to ensure that perpetrators of human trafficking and complicit officials are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice.

The Committee notes the Government’s information that it has established the Rescue, Recovery, Repatriation and Integration Task Force (RRRI Task Force), an Anti-Human Trafficking Database Cell and an Alliance to Combat Trafficking in Women and Children. It also notes the Government’s information that the Ministry of Home Affairs (MoHA) with the assistance of the Police Force, Bangladesh Coast Guards (BCG), Border Guard Bangladesh (BGB) plays a vital role to enforce criminal laws against trafficking of children for forced labour and commercial sexual exploitation and/or for the use of children in illicit activities in Bangladesh. The Committee notes from a report of the MoHA on Combating Human Trafficking, Bangladesh Country Report, 2012 (MoHA report) that every district has a monitoring cell for combating trafficking of women and children headed by an additional Superintendent of Police, in addition to a monitoring cell at the police headquarters. The Committee also notes that according to the statistical information contained in the MoHA report, currently 737 cases related to trafficking of women and children are under trial in different courts; out of these, 98 cases are being monitored by the monitoring cell. In 2012, the police recovered and rescued 333 victims of trafficking and, among them, 325 were returned to their parents and the rest handed over to the rehabilitation centres. In 2012, the BGB rescued 255 women and 86 children and arrested 10 traffickers in this connection. Moreover, the BCG, which is actively engaged in combating trafficking of human beings through the national waters of Bangladesh conducted a total of 9,917 operations in 2012. The Committee further notes from the MoHA report that, in 2012, the police force conducted 63 anti-human trafficking training programmes to 11,632 police officials, and the BCG provided awareness-raising programmes to over 19,000 persons on the causes and consequences of human trafficking. The Committee requests the Government to continue providing information on the measures taken by the RRRI Task Force, the BCG and the BGB to prevent trafficking in persons, especially children under the age of 18 years, as well as the number of cases of trafficking of children that have been identified and dealt with by them.

3. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that the Department of Inspection for Factories and Establishments has been expanded by recruiting an additional 262 inspectors, thereby having a total staff of 575 inspectors in 2014. The Committee once again requests the Government to provide information on the number of violations detected by the officers of the Department of Inspection for Factories and Establishments with regard to minors under the age of 18 years.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Prevention and Elimination of the Worst forms of child labour in the Urban Informal Economy (TBP-UIE). Following its previous comments, the Committee notes the Government’s information that the TBP-UIE, which came to an end in 2011, addressed child labour as follows: 7,371 children were withdrawn from child labour and enrolled in non-formal education (NFE); 2,714 children from NFE were mainstreamed into formal schools; a total of 2,097 skill development training students were placed in decent employment; and the provision of micro-finance support to families and other income-generating activities enabled parents of 865 young girls to send them to school. The Committee notes from the Government’s report that the third phase of the Eradication of Hazardous Child Labour Project is currently being implemented and aims to withdraw 50,000 children from hazardous work through NFE and skill development training. The Committee requests the Government to provide information on the results achieved following the implementation of the third phase of the Eradication of Hazardous Child Labour Project.

2. National Child Labour Elimination Policy 2010 (NCLEP). The Committee notes from the Country report, July 2011, of Understanding Children’s Work in Bangladesh (UCW report) that a National Child Labour Elimination Policy was adopted in 2010 to provide a broad framework for the elimination of child labour including hazardous work. This policy identifies a total of ten strategic areas of action for achieving this aim, including; to ensure a proper action plan to eliminate and prevent child labour; to withdraw children from the worst forms of child labour and ensure their reintegration; to conduct research and training to review the causes of child labour and on possible measures to address it; to ensure education; and to monitor policy implementation. The Committee requests the Government to provide information on the action plan designed and implemented for the elimination of child labour within the framework of the NCLEP and on the results achieved.

Article 8. Elimination of poverty. The Committee notes the Government’s statement that Bangladesh has made significant progress in the area of child rights’ promotion, survival and development. Nevertheless, the general situation of the children needs to improve further since the survival and development of many children are still threatened by malnutrition, poverty, illiteracy, abuse and exploitation. The Committee notes from the Millennium Development Goals-Bangladesh Progress Report, 2012 (MDG report) that the country has made commendable progress in respect of eradication of poverty and hunger. The Household Income and Expenditure Survey of 2010 indicates that the incidence of poverty has been declining at an annual rate of 2.47 per cent. The Committee notes from the MDG report that the Government has adopted several initiatives to ensure enrolment and completion of primary education, such as expanding the stipend coverage from 4.8 million to 7.8 million students and expanding the school feeding programme from 0.2 million to one million students. Moreover, one of the adopted targets of the sixth Five Year Plan (2011–15) is to increase investment in education progressively to 4 per cent of the GDP by 2015. However, the Committee notes from the MDG report that significant challenges still persist in the case of several targets, in particular in terms of the education target of achieving universal primary education by 2015. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to combat child poverty. The Committee requests the Government to provide information on the measures taken in this regard and the results achieved.

Application of the Convention in practice. The Committee notes from the ILO–IPEC project report that the Bangladesh Bureau of Statistics had envisaged to conduct a National Child Labour Survey in 2012. The Committee requests the Government to provide information on the findings of the National Child Labour Survey, including disaggregated statistical data on the worst forms of child labour in Bangladesh.