Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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 The Committee notes the Government’s information that the Children (Pledging of Labour) Act is being repealed by the unified Labour Code, which has been already passed by Parliament.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.