Observación (CEACR) - Adopción: 1990, Publicación: 77ª reunión CIT (1990)

1. Bonded labour. The Committee has taken note of the discussions in the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its fourteenth session, 1989. The Committee notes that the Report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) refers to information provided by the Anti-Slavery Society for the Protection of Human Rights concerning child labour related to debt bondage in the South Asian countries; this information is set out in the report of the South Asian Seminar on Child Servitude held in June-July 1989 and attended by representatives of non-governmental organisations from five countries. In relation to the situation in Bangladesh, the report refers in particular to children of underprivileged classes who, because of their parents' debt bondage to local landlords or money lenders, have to take up work as domestic workers in private homes, in shops, restaurants, in "biri" and tobacco factories, etc.; their situation is described as one of exploitation and slavery. Under the provisions of the labour law no children under 14 years can work for any employer under any circumstances and there are laws and constitutional provisions on child servitude but these were not implemented nor brought to the attention of the public and the exploiters seem to ignore all legislation protecting children against servitude.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the Government must ensure that penalties imposed by law are really adequate and strictly enforced. The Committee hopes that the Government will provide detailed comments on the allegations referred to above as well as full information on any measures adopted or contemplated to eradicate bonded labour in law as well as in practice.

2. The Committee has taken note with interest of the activities of the Underprivileged Children's Educational Programme (UCEP) established in 1972 with the help and co-operation of the Ministry of Manpower Development and Social Welfare, referred to in the ILO Conditions of Work Digest No. 7, 1/1988. The Committee hopes that the Government will provide information on any further measures taken for the release and rehabilitation of exploited children.

3. Legal restrictions on termination of employment. In comments made for a number of years the Committee noted that under the Essential Services (Maintenance) Act, No. LIII of 1952, it is an offence punishable with imprisonment for up to one year for any person in employment of whatever nature under the central Government to terminate his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination by notice (sections 2, 3(1)(b) and explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions may be extended to other classes of employment. Persons to whom the Act applies may also be ordered, subject to penal sanctions, not to leave specified areas (sections 4, 5(c) and 7(1)). Similar provisions are contained in the Essential Services (Second) Ordinance, No. XLI of 1958 (sections 3, 4(a) and (b) and 5).

Referring to the explanations provided in paragraph 67 of its 1979 General Survey on the Abolition of Forced Labour, the Committee in its previous observation indicated that workers may be prevented from leaving their employment in emergency situations within the meaning of Article 2, paragraph 2(d), of the Convention, i.e. any circumstance that would endanger the existence or the well-being of the whole or part of the population. However, restrictions under the essential services legislation referred to are not limited to such circumstances. The Committee also pointed out that, even regarding employment in essential services whose interruption would endanger the existence or the well-being of the whole or part of the population, there is no basis in the Convention for depriving workers of the right to terminate their employment by giving notice of reasonable length.

In view of the Government's repeated earlier indications that the Essential Services (Maintenance) Act, 1952 is not in operation and that no restriction has been imposed under section 3 of the Act, the Committee again expresses the hope that the Government will soon be in a position to indicate that the necessary action has been taken to repeal the Essential Services (Maintenance) Act, No. LIII of 1952, and to bring the Essential Services (Second) Ordinance, No. XLI of 1958, into conformity with the Convention.