Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Forced Labour Convention, 1930 (No. 29) - Bangladesh (Ratification: 1972)
Protocol of 2014 to the Forced Labour Convention, 1930 - Bangladesh (Ratification: 2022)

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. Over a number of years the Committee has been referring to certain provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, which imposed restrictions on termination of employment by any person employed by the central Government and in essential services, punishable with sanctions of imprisonment.

The Committee notes from the Government’s report that section 27 of the Labour Act (BLA 42/06) ensures to all workers freedom to terminate their employment with notice. It also notes the Government’s statement that the Labour Law Commission has specifically recommended to repeal the Essential Services (Maintenance) Act No. LIII, 1952, which is no longer applied in practice. As regards the Essential Services (Second) Ordinance No. XLI, 1958, the Committee notes the Government’s repeated statement that such Ordinance is no longer applied in practice and that it will be repealed in the occasion of a legislative reform.

While noting these indications, the Committee trusts that the necessary measures will soon be taken to repeal the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, in order to bring legislation into conformity with the Convention and the national practice.

Articles 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. The Committee previously noted the Government’s indications concerning various measures taken by different ministries, human rights organizations and law enforcement agencies to combat trafficking in persons, including awareness-raising and prevention measures. In its latest report, the Government indicates that awareness-raising programmes are still in progress throughout the country and that it continues to take measures to combat trafficking with the assistance of the police, law enforcement agents and NGOs.

While noting these indications, the Committee notes the concluding observations of the United Nations Committee on the Elimination of Discrimination against Women, presented on 4 February 2011 (doc. CEDAW/C/BGD/CO/7), in which the UN Committee expresses concern about the continuing prevalence of trafficking in women and girls in Bangladesh, particularly for sexual exploitation. It observes that, despite the ratification by the country of the South Asian Association for Regional Cooperation (SAARC) Convention on Preventing and Combating Trafficking in Women and Children for Prostitution in July 2002, its provisions have not yet been incorporated into domestic laws, no extradition treaties with neighbouring countries have been signed to address trafficking and sexual exploitation and only a few traffickers have been arrested and convicted. Finally, the UN Committee expresses its concern at the limited gender sensitization trainings for border police and law enforcement personnel.

The Committee therefore requests the Government to take the necessary measures to strengthen its law enforcement mechanisms in order to effectively investigate and prosecute cases of trafficking in persons, both for sexual and labour exploitation. Please continue to provide information on court decisions concerning trafficking cases, as well as information regarding any difficulties encountered by the competent authorities in identifying victims and in initiating legal proceedings. Finally, the Committee once again requests the Government to provide statistical information on the number of trafficking offences reported, the number of prosecutions initiated and the number of convictions obtained, indicating penalties imposed.