Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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 had previously noted that article 34(1) of the Constitution prohibits all forms of child labour and section 35 of the Labour Act of 2006 (Labour Act) prohibits debt bondage but only in respect of children under 14 years. The Committee had observed that prohibiting debt bondage in the Constitution does not entail specific penalties in case of a violation, whereas the Labour Act does. It had also noted the Government’s information that necessary steps were being taken to incorporate the provisions of Article 3(a) into further amendments to the Labour Act. The Committee notes the Government’s information that it has formed a committee of 27 experts who, along with the workers’ and employers’ organizations, is working on this proposal. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, debt bondage is considered as one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee expresses the firm hope that amendments to the Labour Act prohibiting the debt bondage of children under 18 years of age will be adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

2. Forced or compulsory recruitment for use in armed conflict. The Committee had previously noted the Government’s information that, as a standing policy of the Government, there is no compulsory recruitment of any young person under the age of 18 years for military service. It had also noted that the Committee on the Rights of the Child (CRC), in its concluding observations in consideration of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts of 17 March 2006, expressed concern about the reportedly high number of children under 18 who were enrolled in the armed forces, while the consent of parents or legal guardians was not mandatory (except for recruitment in the air force) and there were no measures to ensure that the recruitment of children under 18 is genuinely voluntary and well informed (CRC/C/OPAC/BGD/CO/1, paragraph 15). The Committee notes the Government’s information that there is no armed conflict in Bangladesh. Recalling that Article 3(a) read in conjunction with Article 1 of the Convention requires Members which ratify the Convention to take immediate and effective measures to secure the elimination of the worst forms of child labour, the Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the recruitment of children under 18 years of age in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had 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. It had noted the Government’s information that the necessary steps would be taken by the Ministry of Women and Children Affairs (MOWCA) to bring the SVWCA in line with the Convention. The Committee notes the Government’s information that it will gradually take the necessary measures to ensure the prohibition of the use, procuring or offering of a child under 18 years for prostitution and for pornography or pornographic performances. Recalling the principles underlined in Article 3(b) and Article 1 of the Convention, the Committee urges the Government to take the necessary measures to ensure that the amendments to the SVWCA, which would prohibit the use, procuring or offering of children under 18 years of age, including boys, for prostitution, pornography or for pornographic performances, will be adopted in the near future. It also requests the Government to provide information on any progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had 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 information that it will gradually take the necessary measures to ensure this prohibition. Observing that the Committee has been raising this issue since 2004 and once again recalling the principles underlined in Article 3(c) read in conjunction with Article 1 of the Convention, the Committee urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is expressly prohibited in the national legislation, as a matter of urgency.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that within the framework of the ILO–IPEC project entitled Urban Informal Economy (UIE) Programme of the Project of Support to the National Time-bound Programme towards the Elimination of the Worst Forms of Child Labour 2007–11
(TBP–UIE), the Government is working on the preparation of the list of types of hazardous work. The Committee once again urges the Government to take the necessary measures to ensure that the list of the types of hazardous work is adopted in the very near future, after consultations with the employers’ and workers’ organizations concerned. It requests the Government to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that under the TBP–UIE, a Child Labour Unit has been established to compile and disseminate child labour data collected by several ministries, departments and organizations. It also notes the Government’s indication that a website based on data for child labour is also under preparation. The Committee further notes the Government’s information that a Department of Inspection for Factories and Establishments has been established to monitor implementation of the provisions giving effect to this Convention. The officers of this department are responsible to inspect any violation. The Committee 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. It also requests the Government to provide further information on the data collected by the Child Labour Unit with regard to the worst forms of child labour.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that it launched the TBP–UIE project in 2007, which has now been extended up to 2011, with the objective of contributing to the prevention and elimination of the worst forms of child labour in the urban informal economy. It notes that, according to the Technical Progress Report (TPR) for the TBP–UIE, within the framework of this project, the Government approved the National Education Policy and the National Child Labour Elimination Policy which aim to bring about a meaningful change in the life of the children by withdrawing them from all forms of child labour, including its worst forms. The TPR further indicates that under this project, more than 5,000 working children are benefiting through rehabilitation and protective services, about 276 working children are fully withdrawn from hazardous work through skills development training and mainstreaming to formal education and more than 200 guardians of working children received microcredit assistance and were provided with income-generating activities. Moreover, as of June 2010, 5,028 working children are receiving direct services in the Multi-Purpose Centres and Vocational Training Centres; 3,780 working children are enrolled in non-formal education programmes, and about 1,141 guardians are enrolled in the Social and Economic Empowerment (SEE) programmes.

The Committee further notes the information provided by the Government on the various ongoing programmes and projects in the country, such as:

–      Eradication of Hazardous Child Labour project: In the first phase of this project, 10,000 child workers in Dhaka and Chittagong metropolitan areas got non-formal education and skills-development training; and 5,000 parents of child workers received microcredit. Under the second phase of this project, which ended in June 2009, 30,000 child workers were provided non-formal education and skills-development training. This project, which has entered its third phase, aims at withdrawing 30,000 children from hazardous work and intends to take effective measures to withdraw children working as waste collectors, leather workers, brick breakers, auto-workshop workers, and tempo helpers.

–      The Technical and Vocational Education and Training Reform (TVET) project (2007–11), which aims to reduce poverty through reforms of technical and vocational education and training policies so that more people can acquire employable skills.

–      The Empowerment and Protection of Children (EPC) project targeting orphans and other marginalized children such as street children, drug users, victims of exploitation, acid survivors and disaster affected children.

The Committee requests the Government to continue providing information on the results achieved, in terms of the number of children withdrawn from the worst forms of child labour and rehabilitated, through the implementation of the TBP-UIE project, Eradication of Hazardous Child Labour, TVET and EPC projects. It also requests the Government to provide information on the measures taken to withdraw children working as waste collectors, leather workers, brick breakers, auto-workshop workers, and tempo helpers under the Elimination of Hazardous Work project, and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. Following its previous comments, the Committee notes the Government’s information that efforts are being made to increase school enrolment and attendance rates and decrease drop-out rates, train primary teachers and to maintain gender parity in access and achievement. The Committee notes the Government’s information with regard to the various measures and projects undertaken by the Government to improve access to education in the country which include:

–      the Primary Education Development Programme-II (PEDP-II) which aims to improve and support equitable access to quality schooling with some provisions for promoting equal access of indigenous and children with special needs;

–      the Reaching Out-of-School Children (ROSC) project which aims to address children who do not have access to formal education due to poverty;

–      the Protection of Children at Risk (PCAR) project, supported by UNICEF and which targets children without parental care and those living on streets in six divisional cities of Bangladesh;

–      the Female Secondary School Assistance Project-II, which aims to improve the quality of, and girls’ access to, secondary education in rural areas of Bangladesh; and

–      the Basic Education for Hard to Reach Urban Working Children which has entered its second phase which aims to achieve quality life skills-based basic education, livelihood education, and advocacy for improved environment for working children in six divisional cities in Bangladesh. The project targets 200,000 working children between 10 and 14 years of age for basic education through establishing 8,000 learning centres, and targets 20,000 children of over 13 years for livelihood education.

The Committee further notes that, according to the TPR for the TBP-UIE project, the National Education Policy approved by the Government in May 2010 has extended free and compulsory primary education from class V to class VIII, including pre-primary education from the age of five years, and has incorporated pre-vocational education in the last three grades. The policy intends to ensure that all children, irrespective of their geographic, socioeconomic, ethnic, linguistic, gender, physical or mental condition, complete primary education and the budget allocation for education for the year 2010–11 has been increased to US$260 million, 13.5 per cent higher than the previous year. The Committee notes that in order to increase the school enrolment rates, the Government has been implementing a number of projects, such as: (i) the school feeding programme in the poverty-stricken areas; (ii) a stipend for primary education (currently 7.8 million students receive a stipend); (iii) establishing 1,500 primary schools in areas without schools; (iv) constructing 40,000 new classrooms (so far 31,650 have been constructed); (v) starting pre-primary education in government primary schools; (vi) establishing child-friendly teaching centres in remote areas; and (vii) distributing free textbooks for all students of primary and secondary education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure free basic education to all children and to keep children in school. It requests the Government to provide information on the results achieved by the PEDP-II, ROSC, PCAR, Female Secondary School Assistance Project-II, Basic Education for Hard to Reach Urban Working Children, and the TBP–UIE project in terms of the number of children protected from the worst forms of child labour through the provision of educational services. Finally, it asks the Government to provide updated statistical data on school enrolment and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Child workers in the road transport sector. Following its previous comments, the Committee notes the Government’s information that several NGOs are engaged in implementing development projects targeting the withdrawal of children from the road transport industry through mainstreaming them into formal or non-formal education or skills development training. However, there is no central authority to collect and disseminate information on the withdrawal of child labour by the different NGOs. The Committee, nevertheless, notes the Government’s indication that the Child Labour Unit established under the Ministry of Labour and Employment will compile and disseminate child labour data collected from various ministries, department or organizations. The Committee further notes the Government’s indication that, within the framework of the TBP–UIE project and the Eradication of Hazardous Child Labour project, non-formal and skills development training are being provided to children withdrawn from the worst forms of child labour, including the road transport industry. The Committee requests the Government to provide information on the number of children withdrawn from the road transport industry as compiled by the Child Labour Unit, and rehabilitated through formal or non-formal education or skills-development training.

2. Children in the informal economy. Following its previous comments, the Committee notes the Government’s information that the TBP–UIE has been implementing different action programmes in different zones of Dhaka for withdrawing children from the worst forms of child labour in the urban informal economy. The Government further states that the TBP–Rural Informal Economy (RIE) component of the TBP project has not yet been initiated. The Committee requests the Government to provide information on any progress made with regard to the initiation of the RIE component under the TBP project.

3. Street children. The Committee notes the Government’s information that many NGOs are engaged in implementing projects targeting the withdrawal of street children through the provision of non-formal education and skills development activities. It also notes the Government’s indication that the MOWCA, through the NGOs, has implemented the Empowerment and Protection of Children project which aims to protect orphans, street children and other marginalized children from the worst forms of child labour and rehabilitate them. The Committee requests the Government to provide information on the number of street children withdrawn and rehabilitated through the implementation of the Empowerment and Protection of Children project.

Article 8. Elimination of poverty. In its previous comments, the Committee had noted that the Poverty Reduction Strategy Paper (PRSP) provided a comprehensive medium-term strategy aimed at rapid poverty reduction through eight medium-term strategic agendas that covered employment, nutrition, quality education, local governance, maternal health, safe water and sanitation, criminal justice and monitoring. The Committee notes the Government’s information that, although Bangladesh has made significant progress in the area of child rights promotion, the general situation of the children needs to be improved further since many Bangladeshi children are still subject to malnutrition, disease, poverty, illiteracy, abuse, exploitation and natural disaster. It notes further the Government’s indication that effective measures will be taken under the National Strategies for Accelerated Poverty Reduction-II (NSAPR-II) to improve the situation of children which cover health and nutrition, food, education, quality of primary education, access to water and sanitation, eradication of child labour, child protection and sex-disaggregated data. The Committee requests the Government to provide information on any impact of the NSAPR-II towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the TPR of 22 February 2007 for the TBP, the Bangladesh Bureau of Statistics (BBS) conducted 13 research studies on different thematic areas under the TBP Preparatory Phase, including education, poverty reduction, social mobilization and labour protection. The Committee notes that, according to the TPR for the TBP–UIE project, the BBS conducted a pilot survey on the commercial sexual exploitation of children in 2008. The report further indicates that the BBS in cooperation with the ILO–IPEC SIMPOC is conducting a pilot survey on child workers in the dry fish industry in 2010, while a rapid assessment on child labour in Chittagong and Sylhet was completed in January 2010.

The Committee further notes the Government’s statement that, in spite of its limited resources, the Government of Bangladesh has been implementing programmes and projects with its own funds and other development partners on a regular basis for the elimination of child labour. The Government further states that child labour in the ready-made garment sector has been completely eliminated. It also notes the Government’s statement that, if the present trend continues, the instances of child labour can be considerably reduced in the country. The Committee hopes that the Government will continue to seek technical assistance from the ILO for undertaking programmes on the elimination of child labour. The Committee requests the Government to provide the statistical data collected through the research studies under the TBP, the pilot survey on commercial sexual exploitation of children of 2008, the rapid assessment on child labour of 2010, and the pilot survey on child labour in dry fish industry of 2010.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously 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. Noting 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 that the SVWCA did not prohibit the sale and trafficking of boys between 16 and 18 years of age. The Committee had noted the Government’s indication that it would 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.

The Committee notes from the Government’s report that no developments have been made so far with regard to the amendments to the SVWCA. It once again notes the Government’s indication that it will gradually take the necessary measures to amend the SVWCA in order to ensure that the sale and trafficking of all children under 18 years of age is prohibited. The Committee also observes that the provisions under the SVWCA cover only trafficking for sexual exploitation and do not prohibit the sale and trafficking of children, both boys and girls, for labour exploitation. It notes the information in a report of 14 June 2010 on trafficking of persons in Bangladesh, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that children, both boys and girls, are trafficked within Bangladesh for commercial sexual exploitation, bonded labour and forced labour. While some children are sold into bondage by their parents, some others are induced into labour or commercial sexual exploitation through fraud and coercion. The Committee once again reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation is considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In this respect, the Committee once again requests the Government to take immediate steps to ensure that the amendments to the SVWCA, which would prohibit the sale and trafficking of both boys and girls under 18 years for labour and sexual exploitation, are adopted in the very near future. It also requests the Government to provide information on any progress made in this regard.

Clause (d). Hazardous work. Child domestic workers. The Committee had previously noted that, according to the World Confederation of Labour (WCL), child domestics worked in conditions that resembled servitude. It had also noted the Government’s reply 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 nevertheless noted that, according to the National Time-bound Programme Framework (TICSA-II, 2006) (TBP), child domestics constituted a high-risk group who were outside the normal reach of labour controls and were scattered and isolated within the households in which they work. This isolation, together with the children’s dependency on their employers, laid the ground for potential abuse and exploitation. The long hours, low or no wages, poor food, overwork and hazards implicit in the working conditions affected the children’s physical health.

The Committee notes the Government’s information that a guideline to protect child domestic workers from the worst forms of child labour is under preparation. The Committee notes that, in its concluding observations of 26 June 2009, the Committee on the Rights of the Child (CRC) expressed concern that girls engaged as child domestic workers are more vulnerable to violence and exploitation (CRC/C/BGD/CO/4, paragraph 82). The Committee also notes that, according to a survey by the ILO entitled “Baseline Survey on Child Domestic Labour in Bangladesh, 2006”, the number of child domestic workers in Bangladesh was estimated at 421,426, mostly girls, of which 147,943 were in Dhaka city alone and the rest in other urban and rural households. About 6 per cent of the child domestic workers were below the age of 8 years, 21 per cent below the age of 11 years and 74 per cent below the age of 17 years. The report further indicates that more than 99 per cent of the child domestics worked 7 days a week for exceedingly long hours, and more than 52 per cent of them did not receive any wages. The Committee expresses its deep concern at the number and situation of child domestic workers in the country. It reminds the Government that, pursuant to Article 3(d) of the Convention, work or employment in conditions that are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. The Committee accordingly urges the Government to take the necessary measures, in law and in practice, to protect child domestic workers under 18 years of age from hazardous work. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who employ children under 18 years of age in hazardous domestic work are carried out and that sufficiently effective and dissuasive penalties are applied in practice. It further requests the Government to take the necessary measures to provide for the withdrawal of child domestic workers from hazardous work and for their rehabilitation and social integration.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Law enforcement agencies. The Committee had previously noted that the police and other law enforcement agencies, as well as local governmental organizations, were involved in the fight against trafficking, and that the country had expanded anti-trafficking police units to every district to encourage victims to testify against traffickers and to compile data on trafficking. The Committee had further noted the Government’s information that it had taken measures to provide special training to prosecutors, and to develop a trafficking course for the national police academy and the immigration officials to combat trafficking in persons.

The Committee notes the Government’s information that it has initiated two projects, namely, the Community Based Working Child Protection Project (CBWCP) executed by the Ministry of Home Affairs, and the Actions for Combating Trafficking-in-Persons (ACT) executed by the International Organization for Migration (IOM) which aim to combat human trafficking, enhance preventive and protective measures, improve victim care and strengthen the Government’s capacity to prosecute trafficking and trafficking-related crimes. It also notes that, according to the Trafficking Report, in 2009, the National Police Academy provided anti-trafficking training to 2,875 police officers. Moreover, 12 police officers from the Trafficking in Human Beings Investigation Unit received training on investigation techniques. The report further states that the Ministry of Home Affairs’ Anti-trafficking Monitoring Cell collects data on trafficking arrests, prosecutions and rescues and coordinates and analyses local level information from regional anti-trafficking units. The Committee also notes the information contained in this report that during the period from 2008–09 there was some evidence of official complicity in human trafficking, as well as low-level government employees who were also complicit in trafficking. The report further indicates that politicians and regional gangs were also involved in human trafficking. In this regard, the Committee notes the information in a report on the worst forms of child labour in Bangladesh of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report), that from April 2008 to February 2009, 166 traffickers were arrested in Bangladesh, of which 18 were convicted. The Committee expresses its concern at allegations of complicity and cooperation of law enforcement officials and other government officials with human traffickers. The Committee therefore urges 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. In this regard, the Committee requests the Government to take the necessary measures to ensure that vigorous investigations and robust prosecutions of offenders are carried out, including by strengthening the role of the prosecutors, the police and the immigration officials. It requests the Government to provide information on the measures taken in this respect, and the results achieved, particularly the number of persons investigated, prosecuted, convicted and sentenced for cases involving victims under the age of 18.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that the CRC, in its concluding observations, 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 was very limited, mainly due to the absence of a comprehensive data collection system (CRC/C/OPSC/BGD/CO/1, paragraph 6). The Committee notes the Government’s statement that the child labour surveys conducted in 1995–97 and 2001–03 indicated a reduction in child labour (of the age group of 5–14 years) from 18.3 per cent to 14.2 per cent, respectively. The Committee notes, however, that the CRC, in its concluding observations of 26 June 2009 (CRC/C/BGD/CO/4, paragraph 82), expressed concern at the continuing high incidence of child workers in five selected worst forms of child labour namely, welding, auto workshops, road transport, battery recharging and recycling, and work in tobacco factories. The CRC also expressed concern at the lack of enforcement mechanisms of specific laws to protect child workers, the absence of mechanisms to monitor the working conditions of child workers, insufficient awareness amongst the public of the negative effects of child labour and its worst forms, and the very limited data on the number of children affected. The Committee expresses its deep concern at the situation of children working in the abovementioned worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour, as well as child trafficking are made available. To the extent possible, all information provided should be disaggregated by sex and age.

The Committee is raising other points in a request addressed directly to the Government.

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

Articles 3 and 7, paragraph 1, of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that article 34(1) of the Constitution prohibits all forms of child labour. It had noted that section 35 of the Labour Act of 2006 (Labour Act) prohibited debt bondage but only in respect of children under 14 years. It had reminded the Government that Article 3(a) of the Convention covers all forms of slavery or practices similar to slavery, such as the debt bondage of young persons under 18 years of age. The Committee notes the Government’s information that forced labour, including debt bondage, is strictly prohibited by the Constitution of Bangladesh and that, therefore, there is no forced labour found in any formal sector where the Labour Act applies. However, the Committee observes that prohibiting debt bondage in the Constitution does not entail specific penalties in case of a violation, whereas the Labour Act does. The Committee notes the Government’s information the necessary steps are being taken to incorporate the provisions of Article 3(a) into further amendments to the Labour Act. The Committee expresses the firm hope that the amendments to the Labour Act will include an explicit prohibition of debt bondage for children under 18 years of age, as well as sufficiently dissuasive penalties. It requests the Government to provide information on any progress made in this regard.

2. Forced or compulsory recruitment for use in armed conflict. Following its previous comments, the Committee notes the Government’s information that, as a standing policy of the Government, there is no compulsory recruitment of any young person under the age of 18 years for military service. The Committee notes, however, that the Child Soldier Global Report of 2008 indicates that there is no legislation in Bangladesh governing the minimum age for recruitment and deployment, but that according to the Government, the minimum age for recruitment into the army and navy is 17 years, and 16 years for the air force. The Committee further notes that, in its concluding observations in consideration of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts of 17 March 2006, the Committee on the Rights of the Child expressed concern about the reportedly high number of children under 18 who are enrolled in the armed forces, while the consent of parents or legal guardians is not mandatory (except for recruitment in the Air Force) and there are no measures to ensure that recruitment of children under 18 is genuinely voluntary and well informed (CRC/C/OPAC/BGD/CO/1, paragraph 15). The Committee requests the Government to take immediate measures to ensure that the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is prohibited by national legislation, in accordance with Article 3(a) of the Convention. It requests the Government to provide information on the progress made in this regard.

Clause (b). Use, procuring or offering of child prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that the use, procuring or offering of a child under 16 years for “immoral purposes” is prohibited under section 6(1) of the Suppression of Violence against Women and Children Act (SVWCA). Moreover, the Committee had noted that section 5(1) and (2) of the SVWCA prohibits the use, procuring or offering of women (irrespective of their age) for prostitution or other “immoral purposes”. The Committee had observed that the SVWCA does 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 the Government’s information that the term “immoral purposes” includes pornography. It further notes the Government’s information that the necessary steps are being taken by the Ministry of Women and Children Affairs (MOWCA) to bring the SVWCA in line with the Convention. The Committee expresses the firm hope that the amendments to the SVWCA envisaged by the MOWCA include a prohibition of the use, procuring or offering of boys between 16 and 18 years for prostitution, for the production of pornography, or for pornographic performances. If not, it requests the Government to take immediate measures to ensure that such a prohibition is provided for in the national legislation. It requests the Government to provide information on the progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Following its previous comments, the Committee notes the Government’s information that the production and trafficking of drugs are universally recognized illicit activities and are an unconditional worst form of child labour. As such, the Government indicates that it is committed to their prohibition. The Government therefore indicates that several policy measures were taken in this regard. However, the Committee notes once more that the use, procuring or offering of a child under 18 years for illicit activities do not seem to be prohibited by national legislation. It reminds the Government that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years for illicit activities, including for the production and trafficking of drugs, is prohibited and 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. The Committee accordingly requests the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is expressly prohibited in the national legislation.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 40(3) of the Labour Act provides that the Government may, from time to time, publish in the Official Gazette the list of the types of hazardous work where no adolescent shall be employed. It had noted with interest the Government’s information that, under the ILO/IPEC Time-bound Programme (TBP), the Government is preparing a list of the types of hazardous work. The Committee notes that, according to the technical progress report of 22 February 2007 (TPR) for the TBP, the provisional list of hazardous work, prepared by representatives of the Government, employers, workers and the civil society during a the Regional Tripartite Workshop held from 11 to 13 July 2005, includes eight sectors: bidi (cigarette rolling) making, leather and tannery, manufacturing of matches, explosives and fireworks, cement manufacturing, child domestic labour, road transport, shipbreaking and mines. The Committee notes the Government’s information that the preparation of the list of various types of hazardous work is still in progress and that, as soon as it is adopted, after consultation of the Tripartite Consultative Council, it will be supplied to the Office. The Committee urges the Government to take necessary measures to ensure that the list of the types of hazardous work is adopted in the very near future. It requests the Government to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s information that, besides the regular inspections performed by the Labour Inspectorate, since 2006, operations have been undertaken by special inspection teams to ensure compliance in some export-oriented vulnerable sectors. The Government indicates that, through the efforts of inspection teams, the overall enforcement of child labour legislation in the formal sectors has progressively improved. The Committee notes that one of the objectives of the TBP is to establish a credible and comprehensive child labour monitoring and reporting mechanism. In that regard, the TPR for the TBP indicates that the Bangladesh Garments Manufacturers and Exporters Association (BGMEA) workplace monitoring system has emerged as one of the best models that can be replicated for similar formal sector workplaces, while a dual community-based workplace monitoring mechanism would be a tested, workable option for regulating the instances of child labour in rural and urban-based informal economies. Furthermore, the Committee notes that, within the framework of the ILO Decent Work Country Programme for Bangladesh
(2002–10), it is intended to establish a child labour monitoring unit (CLMU) to obtain regular information on child labour issues. The Committee requests the Government to provide information on the progress made in the establishment of workplace monitoring systems for both the formal and the informal sectors, as well of the CLMU. It also once again requests the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that a number of ILO/IPEC projects to eliminate the worst forms of child labour have been launched in Bangladesh which especially focus on work in the informal economy and hazardous work (in particular in bidi (rolling cigarettes) factories; construction; leather tanneries; the making of matches). The Committee notes the Government’s statement that the first successful programme was implemented in the ready-made garments sector, where 10,500 children were removed and provided with non-formal education and vocational training, as well as with monthly stipends. The Government indicates that, with time and under the guidance and control of the National Tripartite Steering Committee, in collaboration with the Government and NGOs, the ILO/IPEC programmes were expanded progressively to both informal and formal sectors. The Government also indicates that the Ministry of Labour and Employment and ILO/IPEC are jointly implementing the TBP and have recently established the Child Labour Unit to monitor its implementation. The Committee further notes that the National TBP Framework sets the goal of eliminating the worst forms of child labour by 2015 and suggests a phased implementation of its programme/interventions, which are categorized under nine major “components”: national capacity building; awareness raising and advocacy; policy and legal reform; urban informal economy (UIE); rural informal economy (RIE); basic education; technical education; poverty reduction; and unconditional worst forms of child labour. The Committee requests the Government to provide information on the phased implementation of the TBP and the results achieved in eliminating the worst forms of child labour, more specifically in terms of the number of children prevented or withdrawn and rehabilitated from the worst forms of child labour through each of the nine components of the TBP.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that the Government was implementing the second phase of the National Plan of Action of Education for All (EFA), to make education compulsory, accessible and all-inclusive. Moreover, the Committee had noted that multiple donors fund the Primary Education Development Programme (PEDP II) which is aimed at enhancing the quality, access and efficiency of primary education.

The Committee notes that, according to the Regional Overview of South and West Asia for the UNESCO Education for All Global Monitoring Report of 2008 (UNESCO Global Monitoring Report), the net enrolment rate in primary education increased from 89 per cent in 1999 to 94 per cent in 2005. The UNESCO Global Monitoring Report also indicates that, as of 2005, the gross enrolment rate in lower secondary education was of 64 per cent, while the gross enrolment rate in upper secondary education was of 34 per cent. Furthermore, according to the Multiple Indicator Cluster Survey of 2006 (MICS), prepared by the Bangladesh Bureau of Statistics (BBS) in collaboration with UNICEF, the primary education net attendance ratio is of 81.3 per cent, while the secondary education net attendance ratio is of only 38.8 per cent. The Committee notes that, according to the UNESCO Global Monitoring Report, the gender parity goal is already achieved in Bangladesh, with a gender parity index of 1.03 in both primary and secondary education.

The Committee notes the Government’s information that it aims to achieve the UN Millennium Development Goals to ensure that, by 2015, all children will be able to complete primary education. It notes that, according to the TBP, the PEDP II aims to recruit about 35,000 new teachers, construct 30,000 classrooms, train 90,000 teachers, and supply free textbooks to students. The Committee further notes that, in 2005, the Department of Labour adopted a policy called “Non-Formal Education (NFE) Policy Framework” and created a new institution named “Bureau of Non-Formal Education (BNFE)” under the Ministry of Primary and Mass Education. The BNFE is responsible for overseeing the implementation of various non-formal education programmes in the country, including the recently approved second phase of the UNICEF “Basic Education for Hard-to-Reach Urban Working Children” project. This project aims at providing basic education with life skills training to 200,000 working children in six divisional cities.

The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It urges the Government to redouble its efforts to ensure free basic education and to keep children in school, especially at the secondary education level. It requests the Government to provide information on the impact of the NFE and of the various non-formal education programmes, including the UNICEF project for hard-to-reach urban working children, on increasing school enrolment rates and reducing school drop-out rates. It also asks the Government to provide updated statistical data on school enrolment and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. 1. Child workers in the road transport sector. The Committee had previously noted that, according to the “Baseline survey on child workers in the road transport sector, 2003”, prepared by the BBS in March 2004, 85,600 children under 18 were engaged in road transport activities. It notes the Government’s information that child workers in the road transport sector are availing themselves of programmes of formal and non-formal education, as well as vocational training, offered by many NGOs. The Committee requests the Government to provide information on the number of child workers who were withdrawn from the road transport industry and rehabilitated through formal or non-formal education, or vocational training.

2. Children in the informal sector. The Committee notes that, according to the TPR for the project “Prevention and Elimination of Selected Worst Forms of Child Labour in the Informal Economy in Dhaka” of 7 March 2007, during the project duration, 4,648 children were fully withdrawn, and 3,007 children partially withdrawn, from exploitative work through the provision of educational services or training opportunities. The Committee further notes that, in the framework of the TBP, two of the nine components of intervention identified for the ILO/IPEC-led Project of Support to the TBP (TBP-POS) are the Urban Informal Economy and the Rural Informal Economy. In this regard, it is intended to implement a TBP-Urban Informal Economy programme (TPB-UIE). The TBP-UIE limits its coverage to Dhaka Metropolitan, so as enable the programme to develop and demonstrate a potentially viable model for the prevention and elimination of the worst forms of child labour in the urban informal economy that could be expanded or replicated to other metropolitan areas in Bangladesh. The Committee also notes that a TBP-Rural Informal Economy (TBP-RIE) programme is being elaborated. The Committee requests the Government to provide information on the implementation of the TBP-UIE and on the elaboration of the TBP-RIE, and on the results achieved pursuant to those programmes in terms of the number of children withdrawn from the worst forms of child labour in the urban and rural informal economy sectors.

3. Street children. The Committee had previously noted that, according to the Baseline survey of street children in Bangladesh of 2003, Bangladesh counts 2,500 street children of which 97 per cent are boys. According to this survey, more than 57 per cent of street children reported that they fell sick and 48 per cent were injured while working. The Committee had noted that through educational and welfare activities carried out by various national and international NGOs, a good number of street children were barred from work. It further notes the Government’s information that the TBP-UIE project, which is under implementation by the Ministry of Labour and Employment, aims to contribute to the elimination of the worst forms of child labour in the urban informal sector, including children living and working in the streets. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the number of street children who are effectively withdrawn from the worst forms of child labour as a result of the educational and welfare activities carried out by NGOs, as well as through the implementation of the TBP-UIE, and then rehabilitated and socially integrated.

Article 8. Elimination of poverty. The Committee had previously noted that one component of the TBP on eliminating the worst forms of child labour, launched in June 2004, is to improve the knowledge base on the links between poverty, population and various forms of child labour that will aid in formulating development policy and anti-poverty programmes so that they reduce child labour, especially the worst forms. The Committee notes that, according to the Decent Work Country Programme for 2006–10 (DWCP), the Poverty Reduction Strategy Paper (PRSP), prepared in 2005, is the cornerstone of the Government’s national development framework for meeting the Millennium Development Goals by 2015. The PRSP provides a comprehensive medium-term strategy aiming at rapid poverty reduction through eight medium-term strategic agendas that cover employment, nutrition, quality education, local governance, maternal health, safe water and sanitation, criminal justice and monitoring. The Committee notes the Government’s information that the PRSP, along with the National Plan of Action for Children (2005–10), has had a very positive impact towards the elimination of child labour. The Government further indicates that the second phase of the PRSP, for 2009 to 2011, is currently in progress. Considering that poverty reduction contributes to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide more concrete information on any notable impact of the PRSP and of the DWCP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the TPR for the TBP, the Bangladesh Bureau of Statistics conducted thirteen research studies on different thematic areas under the TBP Preparatory Phase, including education, poverty reduction, social mobilization and labour protection. The Committee requests the Government to provide the statistical data collected through these research studies. It also once again requests the Government to provide, in its next report, information on the worst forms of child labour, including statistical information on the extent and trends of those forms of child labour and the number of children covered by the measures giving effect to the Convention.

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. In its previous comments, the Committee had noted that article 34(1) of the Constitution prohibits all forms of forced labour. It had noted that sections 3 and 6 of the Children (Pledging of Labour) Act of 1933 state that the debt bondage of children under 15 years of age constitutes an offence. It had requested the Government to indicate the measures taken or envisaged to ensure that children between 15 and 18 years are protected from debt bondage. The Committee notes the Government’s information that the Children (Pledging of Labour) Act is being repealed by the unified Labour Code, which has been already passed by Parliament. It notes that section 35 of the Bangladesh Labour Act of 2006 states that no person, being the parent or guardian of a “child”, shall make an agreement to allow the service of the “child”, defined by section 2(Lxiii) as a person under 14 years, to be utilized in any employment. Noting that section 35 of the Bangladesh Labour Act of 2006 only punishes debt bondage for children under 14 years, the Committee reminds the Government that Article 3(a) of the Convention covers all forms of slavery or practices similar to slavery, such as the debt bondage of young persons under 18 years of age. It requests the Government to take the necessary steps to bring its legislation into line with Article 3(a) of the Convention by ensuring that debt bondage is prohibited for children under 18 years.

2. Forced or compulsory recruitment for use in armed conflict. The Committee had previously noted the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 303) that there is no compulsory recruitment for military service. It notes the Government’s information that it will send a copy of the provisions prohibiting the recruitment of children aged under 18 years into military service. The Committee requests the Government to supply a copy of these provisions along with its next report.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that the use, procuring or offering of a child under 14 years of age for “immoral purposes” is prohibited under section 6(1) of the Suppression of Violence against Women and Children Act (SVWCA). Moreover, section 5(1) and (2) of the SVWCA prohibits the use, procuring or offering of women (irrespective of their age) for prostitution or other “immoral purposes”. The Committee notes the Government’s information that the SVWCA has been amended in 2003 and the age of a child has been increased to 16 years. The Committee observes that the SVWCA, as amended in 2003, does 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. It requests the Government to take the necessary steps to bring the SVWCA into line with the Convention by ensuring that the use, procuring and offering of boys under the age of 18 for prostitution, for the production of pornography or for pornographic performances is prohibited. It also requests the Government to indicate whether the term “other immoral purposes” of the SVWCA includes pornography. Finally, noting that the Government has not provided copies of the Penal Code or the Suppression of Immoral Traffic Act, the Committee once again requests the Government to supply a copy of these laws with its next report.

Clause (c). Use, procuring or offering a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs, is not prohibited under the Bangladesh Labour Act of 2006. It reminds the Government that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, is considered to be one of the worst forms of child labour. The Committee therefore requests the Government to indicate the measures adopted or envisaged to secure the prohibition of the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties, in accordance with this provision of the Convention.

Article 3(d). Hazardous work. The Committee had previously urged the Government to take the necessary measures to ensure that the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, is prohibited. It notes with interest that section 39 of the Bangladesh Labour Act of 2006 provides that no “adolescent”, defined as a person between 14 and 18 years of age, shall be allowed in any establishment to clean, lubricate or adjust any part of machinery, while that part is in motion or to work between moving parts of any machinery which is in motion. It also notes that section 42 of the same Act establishes that no adolescent shall be employed in any underground or underwater work.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that, apart from section 83 of the Factories Act which provides for a list of 18 dangerous activities prohibited to persons under 18 years, the national legislation did not contain a list of the types of hazardous work prohibited for children under 18 years of age. The Committee notes that section 40(3) of the Bangladesh Labour Act of 2006 provides that the Government may, from time to time, publish in the Official Gazette the list of such hazardous works where no adolescent shall be employed. It notes with interest the Government’s information that, under the ILO/IPEC Time-bound Programme (TBP), the Government is preparing a list of the types of hazardous work, which is now in the final stages of adoption. It also notes the Government’s statement that in all labour-related issues the Government takes a decision after thorough consultations with the organizations of workers and employers concerned. The Committee requests the Government to supply a copy of the list of the types of hazardous work as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee had previously requested the Government to provide information on the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to monitor the effective implementation of the provisions giving effect to the Convention. It notes the Government’s information that strengthening the inspection directorate with adequate and trained manpower is one of the priorities of the Government. The Committee encourages the Government to strengthen the role of labour inspection and to provide information on the concrete measures taken to this end. It also requests Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected concerning children involved in the worst forms of child labour.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that, following the Memorandum of Understanding with ILO/IPEC in 1994, projects were undertaken to prevent children from entering the labour market, to withdraw children from hazardous work and ensure their rehabilitation, and to raise awareness of the worst forms of child labour. It had also observed that the Government, employers’ and workers’ organizations, and NGOs implemented over 75 action programmes. The Committee notes the Government’s information that it utilizes all possible ways to eliminate child labour in collaboration with national and international NGOs. This is a continuous process which has given rise to some positive and encouraging results. The Committee notes that a number of ILO/IPEC projects to eliminate the worst forms of child labour have been launched in Bangladesh which especially focus on work in the informal economy and hazardous work (in particular in bidi (rolling cigarettes) factories; construction; leather tanneries; the making of matches). The Committee requests the Government to provide information on the results achieved by the recently launched ILO/IPEC projects in eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that the SVWCA of 2000 provides for penalties of imprisonment for the offences of prostitution (section 5); and exploitation for immoral purposes of a child under 14 years (section 6(1)). It had observed that the Factories Act provided for penalties of fines for anyone who infringes the provisions on hazardous work. The Committee notes that this Act has been repealed by the Labour Act of 2006 and that section 284 of the Bangladesh Labour Act of 2006, repealing the Factories Act, establishes that whoever employs any child or adolescent in contravention of the provisions of the Act, shall be punishable with fines which may extend to 5,000 taka (about US$73). The Committee had asked the Government to provide information on the penalties applicable to a person who commits the offence of forced labour as prohibited under article 34 of the Constitution. Noting the absence of information on penalties applicable to a person who commits the offence of forced labour as prohibited under article 34 of the Constitution, the Committee once again requests the Government to provide information on this point.

Article 7, paragraph 2. Effective and time-bound measures. The Committee had previously noted that the Government and the ILO/IPEC adopted a TBP in June 2004. Because of the complexity and scale of the worst forms of child labour in Bangladesh, a decision was made to create a solid foundation for the TBP through a two-year preparatory phase. The Committee notes the Government’s information that it has initiated the TBP. It also notes the Government’s statement that the draft “Child Labour Policy” of the country is in the final stages of adoption. The Committee requests the Government to provide information on the implementation of the TBP and its impact on the elimination of the worst forms of child labour. It also requests the Government to provide information on the progress made towards the adoption of the Child Labour Policy.

Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that the Government was taking measures to increase school attendance and reduce dropout rates. It had nevertheless noted that, according to the 2003 and 2004 baseline surveys on child workers in the road transport sector, in welding establishments, in the battery recharging/recycling sector, and in automobile establishments, there were quite a number of children who had never attended school or were found not attending school at the time the surveys were conducted. The Committee notes that, according to the information available at the Office, the Government is implementing the second phase of the National Plan of Action of Education for All (EFA), to make education compulsory, accessible and all‑inclusive. Moreover, Bangladesh is receiving intensified support to improve the education system from the World Bank, UNICEF, Save the Children and several other donors and NGOs. Multiple donors fund the Primary Education Development Programme (PEDP II) which is aimed at enhancing the quality, access and efficiency of primary education by operationalizing key aspects of the EFA and Poverty Reduction Strategies. Moreover, the Reaching Out-of-School Children Project, supported by the World Bank, is aimed at improving access and quality of education with a focus on disadvantaged children. The Asian Development Bank (ADB) supports the Strengthening Primary Education Development Programme. The Committee welcomes the measures adopted by the Government to ensure basic education to all children and requests it to provide information on the results achieved through these measures. It also asks the Government to provide statistical information on school attendance and school dropout rates.

Clause (d). Identifying and reaching out to children at special risk. 1. Child workers in the road transport sector. The Committee had previously noted that, according to section 3(1) of the Road Transport Workers Ordinance of 1961, “no person, other than a driver, shall be employed in any road transport service unless he/she has attained the age of 18 years”. However, it had noted that, according to the “Baseline survey on child workers in the road transport sector, 2003” prepared by the Bangladesh Bureau of Statistics in March 2004, 85,600 children under 18 years were engaged in road transport activities (32 per cent of children under 18 working in the road transport sector were drivers or rickshaw pullers and 20 per cent conductors). The survey further indicates that 45 per cent of children working in the road transport sector fell sick and 15 per cent faced accidents and got injured. The Committee had asked the Government to take the necessary measures to ensure that children under 18 years of age working in the road transport sector do not perform hazardous work. It notes the Government’s statement that anyone who violates the Ordinance will be punished with appropriately enhanced sanctions. The Committee requests the Government to provide information on the application of these penalties in practice. It also requests the Government to take the necessary measures to withdraw children under 18 years from hazardous work in the road transport sector and provide for their rehabilitation.

2. Children working in the informal sector. The Committee had previously noted that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 348), the national household survey on child labour conducted by the Bangladesh Bureau of Statistics in 1995–96 showed that 90 per cent of the child workers aged from 5 to 14 years operate in the informal sector. It had noted that an ongoing ILO/IPEC programme concerns the prevention and elimination of the worst forms of child labour in the urban informal economy. The Committee notes the Government’s statement that the ILO/IPEC programmes and various NGO activities play a very important role in the informal sector to protect children from the worst forms of child labour. It also notes that phase II of the ILO/IPEC programme on the prevention and elimination of the worst forms of child labour in the urban informal economy started on 1 April 2006. The Committee requests the Government to provide information on the implementation of the ILO/IPEC programme on the prevention and elimination of the worst forms of child labour in the urban informal economy and the results achieved.

3. Street children. The Committee had previously noted that, according to the Baseline survey of street children in Bangladesh of 2003, Bangladesh counts 2,500 street children of which 97 per cent are boys. According to this survey, more than 57 per cent of street children reported that they fell sick and 48 per cent were injured while working. The Committee had requested the Government to provide information on the measures taken or envisaged to ensure that street children under 18 years of age do not perform hazardous work. It notes the Government’s information that, through educational and welfare activities carried out by various national and international NGOs, a good number of street children are barred from hazardous work. The Committee requests the Government to provide further information on the educational and welfare activities aimed at protecting street children from the worst forms of child labour, in particular hazardous work, and the results achieved.

Article 8. Elimination of poverty. The Committee had previously noted that there are several ongoing projects aimed at reducing poverty, most of which are conducted with the assistance of UNDP. It had also noted that one component of the TBP on eliminating the worst forms of child labour, launched in June 2004, is to improve the knowledge base on the links between poverty, population and various forms of child labour that will aid in formulating development policy (PRSP) and anti-poverty programmes so that they reduce child labour, especially the worst forms. The Committee notes the Government’s information that poverty reduction programmes have a very positive impact towards the elimination of child labour. The Committee requests the Government to provide information on the concrete results achieved by the anti-poverty programmes in eliminating the worst forms of child labour.

Part V of the report form. The Committee notes the absence of information on this point in the Government’s report. It requests the Government to provide in its next report information on the worst forms of child labour, including statistical information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide 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 sections 5(1) and 6(1) of the Suppression of Violence against Women and Children Act (hereinafter 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, a “child” means a person under 14 years of age. It had observed, consequently, that the sale and trafficking of boys aged 14 years or above is not prohibited under the SVWCA.

The Committee notes the Government’s statement that the SVWCA was amended in 2003. By virtue of this amendment, the age of a “child” as defined in section 2(k) has been increased to 16 years. The Committee observes that the SVWCA, as amended in 2003, does not prohibit the sale and trafficking of boys between 16 and 18 years of age. In this regard, it once again reminds 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 and 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. The Committee accordingly requests the Government to 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.

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 notes 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 further notes that, according to the information available at the Office, 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. According to the same information, 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 (IOM) to develop a trafficking course for the national police academy and for immigration officials. The Committee requests the Government to provide full information, including statistics, on the findings and activities of the police, the Anti-Child Trafficking Unit and the CID regarding cases of trafficking involving children under 18 years.

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. In particular, 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. The Committee had also noted that the Government has adopted a number of programmes in order to raise people’s awareness and to prevent the trafficking of children. It had also noted that the two-year Subregional Programme to Combat the 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.

The Committee notes the Government’s statement that actually trafficking in children and women has emerged as an issue of major global concern, particularly in Asia. Several international events have called for immediate action to end trafficking. It notes the Government’s information 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 also notes that, according to the Government, the TICSA project in Bangladesh achieved considerable success in the field, especially in the advocacy and awareness-raising of people in the border areas. The Committee further notes the Government’s information that a National Plan of Action against the sexual abuse and exploitation of children, including trafficking, was adopted for the period 2001–06 (NPA 2006). Moreover, the Ministry of Home Affairs has adopted a project for preventing trafficking in children and women. The Committee finally notes 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 welcomes the measures adopted by the Government. However, it observes that, notwithstanding these measures, the trafficking of children for labour and sexual exploitation still remains an issue of concern in practice. The Committee encourages the Government to redouble its efforts to eliminate the trafficking of children under 18 years for labour and sexual exploitation and to provide information on progress made. It also requests the Government to provide information on the concrete results achieved under the TICSA (Phase II), the NPA 2006, and the project for preventing trafficking in children and women adopted by the Ministry of Home Affairs.

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 notes the Government’s information that there are at least 33 tribunals where specials judges are appointed to deal with cases of trafficking. Severe punishments have had a deterrent effect in the matter. It also notes that, according to the information available at the Office, Bangladesh sustained efforts to punish traffickers in 2005, prosecuting 87 cases and convicting 36 traffickers. However, despite successes, public corruption is still widespread and the court system is slow. In addition, traffickers are often charged with lesser crimes such as crossing borders without proper documentation. While welcoming the Government’s efforts to punish perpetrators of trafficking, the Committee encourages the Government to redouble its efforts to ensure that persons who traffic in children are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

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 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 Government had also indicated that several programmes, such as the Time-bound programme (TBP) adopted in June 2004 by the Government and ILO/IPEC, were in progress to prevent and eliminate the worst forms of child labour, including domestic work. The Committee had nevertheless noted that, in Dhaka City alone, there were an estimated 300,000 child domestic workers. Moreover, according to the Government, some child domestic workers rarely have access to education and they do not get wages or proper food and clothing.

The Committee notes the Government’s information that the recent study conducted by the ILO in 2006 on the conditions of domestic servants in Bangladesh under the TBP reveals that more than 90 per cent of domestic servants expressed satisfaction with their jobs and employers and did not want to leave their jobs. Less than 10 per cent of domestic servants indicated that their employers did not behave well. Finally, a negligible percentage of domestic servants expressed that they were abused or punished for any mistake or loss. The Committee notes the Government’s statement that in Bangladesh child domestic workers cannot be considered as being involved in the worst forms of child labour. They are provided with food, shelter, medical facilities, and clothes, in addition to monthly wages. Besides, parents feel secure in keeping their children for domestic work in some houses. According to the Government, even if there are a very negligible number of cases where domestic servants are abused or are victims of corporal punishments, such cases cannot be generalized. The Committee takes due note of this information. It nevertheless considers that child domestic workers often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions because the work is illegal. It accordingly urges the Government to continue taking measures to protect child domestic workers from the worst forms of child labour.

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

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

The Committee takes note of the Government’s first and second reports, and requests it to supply further information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 34(1) of the Constitution prohibits all forms of forced labour. It also observes that, by virtue of section 3 of the Children (Pledging of Labour) Act of 1933, it is prohibited to enter into an agreement to pledge the labour of a child under 15 years of age. Section 6 of that Act further states that, any person who knows or has reason to believe that an agreement has been made to pledge the labour of a child, employs that child in furtherance of the agreement or permits the child to be employed in any premises under that person’s control, commits an offence. According to section 2 of the Children (Pledging of Labour) Act, "an agreement to pledge the labour of a child" means an agreement, written or oral, express or implied, whereby the parent or guardian of a child, in return for any payment or benefit received or to be received undertakes to cause or allow the services of the child to be used. The Committee notes that, according to section 2 of the Children (Pledging of Labour) Act, only children under 15 years of age are protected from debt bondage. The Committee draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit this form of child labour. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that children aged 15-18 years are protected from debt bondage.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. It notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 303) that there is no compulsory recruitment for military service. The Committee requests the Government to provide a copy of the provisions regulating the recruitment and enlistment of children under 18 into military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the use, procuring or offering of a child under 14 years of age for immoral purposes is prohibited under section 6(1) of the Suppression of Violence against Women and Children Act of 2000. Section 5(1) and (2) of the Act prohibits the use, procuring or offering of women (irrespective of their age) for prostitution or other immoral purposes. The Committee also notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraphs 374 and 375), the Penal Code, the Suppression of Immoral Traffic Act of 1933, and the Children Act of 1974 contain a number of provisions relating to the sexual exploitation of children. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 (irrespective of sex) for prostitution, for the production of pornography or for pornographic performances, must be prohibited. The Committee requests the Government to provide a copy of the Penal Code, the Suppression of Immoral Traffic Act and the Children Act. It also asks the Government to indicate whether the use, procuring or offering of a boy aged 14 to 18 for prostitution, for the production of pornography or for pornographic performances, is prohibited under national legislation.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 9 of the Narcotics Control Act of 1990 prohibits the cultivation, production, processing, carrying, transportation, importation, exportation, supply, purchase, sale, possession, preservation, exhibition or use of any narcotics. Since the use, procuring or offering of a child under 18 for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end.

Clause (d). Hazardous work. The Committee observes that there does not appear to be a general prohibition to employ children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also notes that, according to the National Child Labour Survey conducted by the Bangladesh Bureau of Statistics in 2002-03 ("Baseline survey on child workers in road transport sector, 2003", March 2004, page 6), out of the total of 42.4 million children aged 5 to 17 years, 7.4 million were recorded as economically active and 1.2 million were engaged in hazardous occupations. Indeed, hazardous work is performed by 17 per cent  of the economically active children aged 5 to 17 years; for the age group 15-17, hazardous work represents 27 per cent  of the types of work performed. The Committee reminds the Government that, by virtue of Article 3, clause (d), of the Convention, the Government shall take the necessary measures to ensure the elimination and prohibition of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee consequently urges the Government to take the necessary measures to ensure that the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, is prohibited.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that national legislation does not provide for a list of the types of hazardous work prohibited for children under 18 years of age. The Committee notes that there are restrictions on night work for children under 18 years of age in factories and shops. It also observes that section 87 of the Factories Act provides that the Government may prohibit or restrict the employment of adolescents or children in dangerous occupations, or may specify operations as hazardous if it exposes any person to serious risk of bodily injury, poisoning or diseases. Section 83 of the Factories Act provides for a list of 18 dangerous activities that may be prohibited for persons under 18 years of age, including manufacture of aired water, manufacture or repair of electric accumulators, glass manufacturing, liming and tanning raw hides and skin. Noting that section 83 of the Factories Act provides for a list of dangerous activities, the Committee asks the Government to indicate if these activities are prohibited for children under 18 years of age, as required under Article 3(d) of the Convention.

The Committee also reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (v) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a list determining the types of hazardous work that may not be performed by children under 18 years of age, will be adopted shortly, after consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190, and not limits its consideration to work performed in factories. The Committee requests the Government to inform it of any developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee observes that, studies conducted by the ILO, UNICEF, and other partners, have found children working in over 300 occupations (ILO: Child labour situation in Bangladesh: A rapid assessment, ILO Dhaka, 1997), of which, about 47 occupations have been identified as hazardous (ILO: Hazardous child labour in Bangladesh, ILO Dhaka, 1996). The Committee also notes that following the adoption of a Memorandum of Understanding between the ILO/IPEC and the Government in 1994, priority target groups were identified for primary action. Priority target groups include: (i) children working in hazardous industries (the construction sector; children working in the bidi factories); (ii) children working in workshops (welding, automobile repair, lathe operations, electrical appliance repair); (iii) waste pickers; (iv) children working in hotels and restaurants; (v) child domestic workers; (vi) sex workers; (vii) very young workers (under 12 years of age), and (viii) working girls. The Committee further notes that the Bangladesh Bureau of Statistics and the ILO identified 13 sectors as being the most hazardous ones and from the list, priority was given to five sectors to collect data: (i) welding; (ii) automobile; (iii) battery recharging and recycling; (iv) road transportation; and (v) street children ("Baseline survey on child workers in road transport sector, 2003", March 2004, page 1).

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the Department of Inspection for Factories and Establishment (within the Ministry of Labour and Employment) is responsible for monitoring and inspecting workplaces as well as taking necessary action for violation of laws. Section 9 of the Factories Act provides for the appointment of a chief inspector who has the powers of supervision and control over inspectors appointed by the Government. These inspectors have the power to enter, with assistance, to inspect and to examine any place believed to be a factory, to require the production of any relevant documents and to make any inquiry as may be necessary to ascertain whether the provisions of the Act are followed.

The Committee notes the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraphs 354 and 355) that a shortage of manpower prevents proper inspections in Bangladesh. There are only 102 inspectors for over 180,000 registered factories, establishments, ports and mines.

The Committee requests the Government to provide information on the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to monitor the effective implementation of the provisions giving effect to the Convention. It also asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The Tripartite Consultative Council. The Committee notes the Government’s indication that issues related to labour, child labour, and international labour standards are usually discussed within the Tripartite Consultative Council which consists of an equal number of representatives from the Government, employers and workers headed by the Minister of Labour and Employment. The Committee asks the Government to provide information on the functioning, powers and duties of the Tripartite Consultative Council. It also asks the Government to indicate whether recommendations have been issued by the Tripartite Consultative Council, especially those concerning the situation of children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government of Bangladesh signed a Memorandum of Understanding with the ILO/IPEC in 1994. The overall objectives of the four-year IPEC country programme (1995-99) was to identify good strategies and workable models to combat the worst forms of child labour and to build the capacity of the Government, employers’ and workers’ organizations, non-governmental organizations (NGOs) and other social partners to deal with the problems of child labour. To this end, child labour in Bangladesh was analysed and then, based on this, strategies and models for combating child labour were developed. Projects were undertaken to prevent children from entering the labour market, to withdraw children from hazardous work and to ensure their rehabilitation, and to raise awareness on the worst forms of child labour. The Committee observes that the Government, employers’ and workers’ organizations and NGOs implemented over 75 action programmes. So far, about 50,000 children have benefited from these programmes and more than 700 civil servants have received training on child labour. The Committee encourages the Government to pursue its efforts to eliminate the worst forms of child labour. It also asks the Government to provide information on any new ongoing programmes as well as on the results achieved by its existing programmes.

Article 7, paragraph 1. Penalties. The Committee notes that, according to article 34 of the Constitution, all forms of forced labour are prohibited and that any contravention of this provision shall be an offence punishable in accordance with the law. The Committee also notes that, by virtue of section 4 of the Children (Pledging of Labour) Act of 1933, a parent or guardian who signs an agreement to pledge the labour of a child under 15 years of age is liable to a fine of a maximum of 50 taka. Section 5 of the Suppression of Violence against Women and Children Act of 2000 provides that a person who buys, sells, lets on hire or otherwise delivers a woman for the purpose of prostitution or illegal or immoral acts shall be punishable by death or with imprisonment for life or rigorous imprisonment for ten to 20 years and liable to a fine. A person who buys or sells a child under 14 years of age for any unlawful or immoral purpose shall be punishable by death or rigorous imprisonment for life and liable to a fine (section 6(1) of the Suppression of Violence against Women and Children Act of 2000). The Committee also observes that, by virtue of section 11 of the Road Transport Workers Ordinance, whoever employs a child in contravention of the Act is liable to a maximum fine of 500 taka. According to section 93 of the Factories Act, any violation of the Act, including provisions on hazardous work, is punishable by a fine which may extend to 1,000 taka. The Committee nevertheless requests the Government to provide information on the penalties applicable for a person who commits an offence of forced labour as prohibited under article 34 of the Constitution.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. National plan. The Committee notes that the Government and the ILO/IPEC adopted a Time-bound programme (TBP) in June 2004. Because of the complexity and scale of the worst forms of child labour in Bangladesh, a decision was made to create a solid foundation for the TBP through a two-year preparatory phase. The preparatory phase is designed to generate a framework for policy and direct action on the worst forms of child labour. This framework will be the outcome of two processes: (i) the creation of an in-depth knowledge base to improve understanding of the nature and scope of the worst forms of child labour in Bangladesh; and (ii) extensive and systematic consultations with a view to building a wide commitment among child labour stakeholders to address the worst forms of child labour problem. The Committee requests the Government to provide information on the progress made towards the adoption of a national framework for the elimination of the worst forms of child labour.

2. Education. The Committee notes that the Compulsory Primary Education Act was passed in 1990, and that three years later the Government established a compulsory primary education system for all children aged 6 years and above. The Committee notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraphs 256-257), the Directorate of Non-formal Education launched a programme aiming at providing learning opportunities for approximately 350,000 working children aged 8 to 14 from urban slums. As of December 2000, a total of 3,375 centres were established in the six divisional cities with approximately 100,000 students. The Committee also notes that the Government has introduced an attractive nationwide stipend programme through which cash money is given (100 taka for one student from one family and 125 taka for two students from the same family per month). According to the Bangladesh Bureau of Statistics ("Baseline survey on child workers in road transport sector, 2003", March 2004, pages 9-10), this programme has significantly increased school enrolment and attendance rate and reduced drop-out rate.

The Committee nevertheless notes that 58 per cent  of children working in this road transport sector cannot read or write and that 98 per cent  are not studying currently ("Baseline survey on child workers in road transport sector, 2003", March 2004, pages 32-33). The main reasons given for not attending school is the lack of money to pay educational expenses. Regarding the 39,000 children working in welding establishments ("Baseline survey on child workers in welding establishments", Bangladesh Bureau of Statistics, December 2003, pages 45-47), 52 per cent  of the children had never been to school and 95.6 per cent were not studying at the time the survey was conducted. Amongst the 4.6 per cent of children who were working in welding establishments and studying at the same time, half of them were at primary level. Similar records exist for children working in the battery recharging/recycling sector ("Baseline survey on child workers in battery recharging/recycling sector", Bangladesh Bureau of Statistics, February 2004, page 57) and for children working in automobile establishments ("Baseline survey on child workers in automobile establishments", Bangladesh Bureau of Statistics, November 2003, page 81).

The Committee requests the Government to provide a copy the Compulsory Primary Education Act. It also asks the Government to continue its efforts to ensure access to basic education to all children in Bangladesh and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 346), the MOU signed by the Bangladesh Garment Manufacturer’s and Exporter’s Association (BGMEA), ILO and UNICEF has led to the placement of approximately 10,000 former child garment workers in nearly 340 learning centres and a drastic reduction in the export-oriented BGMEA member factories by the end of 1996. This joint effort of the BGMEA, UNICEF and ILO/IPEC has also resulted in more than 27,000 working children being withdrawn from work including measures to offset the loss in income to their families. The Committee asks the Government to provide information on the measures taken to assist for the removal of children from worst forms of child labour such as street workers, prostitutes, trafficked children, children working in hazardous occupations, and ensure their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Child workers in the road transport sector. The Committee observes that according to section 3(1) of the Road Transport Workers Ordinance of 1961, "no person, other than a driver, shall be employed in any road transport service unless he/she has attained the age of 18 years". Section 3(2) of the aforementioned Act further states that "no person shall be employed in any road transport service for the purpose of driving a vehicle unless he has attained the age of 21 years". However, the Committee notes that according to the "Baseline survey on child workers in road transport sector, 2003" prepared by the Bangladesh Bureau of Statistics (March 2004, page viii), 85,600 children under 18 were engaged in road transport activities in 9,800 sites across the country. The Bangladesh Bureau of Statistics (page 37 of the survey) also indicates that 32 per cent of children under 18 working in the road transport sector are drivers or rickshaw pullers, and 20 per cent are conductors. The survey (page 76) further indicates that 45 per cent of children working in the road transport sector fell sick and 15 per cent faced accidents and got injured. They mainly suffered from fever (61 per cent ) or injured their hands and legs (75 per cent ). The Committee asks the Government to take the necessary measures to ensure that children under 18 years of age working in the road transport sector do not perform hazardous work.

2. Children working in the informal sector. The Committee notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 348), the national household survey on child labour conducted by the Bangladesh Bureau of Statistics in 1995-96 showed that the country counts 6.6 million child workers aged 5 to 14 years. Of these, 90 per cent  operate in the informal sector. The Committee also notes the Government’s statement that an ongoing ILO/IPEC programme concerns the prevention and elimination of the worst forms of child labour in the urban informal economy. The Committee asks the Government to provide information on the concrete measures taken under this programme to ensure that children under 18 years of age working in the informal sector are protected from the worst forms of child labour and the results achieved.

3. Street children. The Committee notes that Bangladesh counts 2,500 street children of which 97 per cent are boys ("Baseline survey of street children in Bangladesh", Bangladesh Bureau of Statistics, December 2003, pages ix and x). Street children are involved in a wide variety of activities: collecting old papers; cooli/minti; tokai; begging; hawkers; shoe polishers; and sellers of flowers. According to the survey by the Bangladesh Bureau of Statistics, only a small percentage of street children are involved in pickpocketing, sex work, and the drug business. However, the Committee observes that more than 57 per cent of street children reported that they felt sick and 48 per cent were injured while working (page 48 of the aforementioned survey). They mostly suffer from cuts, wounds or back pain. The most common sicknesses are fever, water-borne diseases and headaches. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that street children under 18 years of age do not perform hazardous work.

Clause (e). Special situation of girls. The Committee notes the absence of information in the Government’s report on this point. It consequently requests the Government to provide information on the time-bound measures taken or envisaged to take account of the special situation of girls.

Article 8. 1. International cooperation. The Committee notes that Bangladesh is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000, and the Protocol on the Involvement of Children in Armed Conflict in 2000; acceded in 1985 to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

2. Regional cooperation. The Committee notes that a number of sectoral programmes are ongoing owing to the assistance provided by various countries and international organizations to Bangladesh. Thus, it observes that the Government of Netherlands provided support to implement a project on child labour in the urban informal sector in Dhaka and Chittaging. Similarly, the United States Department of Labor funded a child labour project addressing the worst forms of child labour in the bidi sector, construction sector, leather, child domestic work, and match factories. The ILO/IPEC started the implementation of a subregional project (Bangladesh, Nepal and Sri Lanka) on child trafficking for economic exploitation. The Committee asks the Government to provide information on the impact of these regional cooperation programmes.

3. Elimination of poverty. The Committee notes that there are several ongoing projects aimed at reducing poverty; most of them are conducted with the assistance of UNDP. At the request of the Government, UNDP is also supporting the development of practical policies that foster economic growth that benefits the poor. The Committee also notes that one component of the TBP on eliminating the worst forms of child labour, launched in June 2004, is to improve the knowledge base on the links between poverty, population and various forms of child labour that will aid in formulating development policy (PRSP) and anti-poverty programmes so that they reduce child labour, especially the worst forms. These programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee requests the Government to provide information on the concrete measures taken support to foster economic growth. It also asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

4. Commercial sex workers. The Committee notes that a project on "Poverty alleviation and sustainable livelihood of the socially disadvantaged women and their children" was established by the Ministry of Social Welfare, with the assistance of UNDP, in 1999. This project is aimed at supporting commercial sex workers in brothels and on the streets of Dhaka in order to ensure that commercial sex workers and their children can freely access the same rights and privileges as other citizens of Bangladesh. Under the project, sex workers and their children can access reproductive and sexual health services as well as education opportunities. The Committee requests the Government to provide information on further measures taken to support commercial sex workers, as well as their impact on reducing or eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes that surveys were conducted by the Bangladesh Bureau of Statistics to provide an overview of the working conditions, educational background, type of work performed by children working in the following sectors: automobile sector, battery recharging/recycling sector, welding establishment, road transport sector and on the street. It also notes the Government’s indication that the Bangladesh Bureau of Statistics, in collaboration with the ILO, is undertaking a child labour survey. The Committee accordingly hopes that the Government will be able to provide, in its next report, further information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.

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.