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

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee 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. The Committee 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 requested the Government to ensure that national legislation prohibited the sale and trafficking of boys between the ages of 16 and 18 years as well as the sale and trafficking of both boys and girls, for labour exploitation.

The Committee notes with satisfaction that the Government enacted the Prevention and Suppression of Human Trafficking Act No.3 of 2012 (Trafficking Act, 2012) which contains provisions prohibiting the trafficking of children under 18 years for both labour and sexual exploitation. The Committee notes that according to sections 3 and 6 of the Trafficking Act 2012, any person who commits an offence of selling, buying, recruiting, receiving, deporting, transferring or sending inside or outside of the territory of Bangladesh a child (defined as persons under the age of 18 years according to section 2(14)) for the purpose of sexual exploitation, labour exploitation or any other form of exploitation shall be punished with rigorous imprisonment of not less than five years and with a fine of 50,000 takas. The Committee further notes that section 21 of the Trafficking Act 2012 provides for the establishment of an Anti-Human Trafficking Offence Tribunal at the district level wherein the offences under this Act shall be tried. The Committee requests the Government to provide information on the application of the provisions of the Trafficking Act, 2012, including the number of offences related to trafficking in children tried by the Anti-Human Trafficking Offence Tribunal and penalties applied.

Clause (d) and Article 4(1). Hazardous work 1. Determination of hazardous work. The Committee previously urged the Government to take the necessary measures to ensure the adoption of the list of types of hazardous work prohibited to children under the age of 18 years.

The Committee notes with satisfaction that the Government, in consultation with the organizations of employers’ and workers’ has adopted a list of 38 types of hazardous works prohibited to children under 18 years of age. This list includes: automobile workshop and electrical mechanic; battery recharging; manufacturing of bidi, cigarette, matches; brick or stone breaking; manufacturing of plastics, soap, pesticides leather; metal works; wielding works; construction works; dyeing or bleaching; weaving; chemical factory; butchery; truck, tempo, bus helper and work in ports and ships.

2. Child domestic work. In its previous comment, the Committee noted that child domestic workers worked in conditions that resembled servitude. It also noted that child domestics constituted a high-risk group who were outside the normal reach of labour controls and who were abused and exploited. They often worked long hours, with low or no wages, poor food, overwork and in hazardous working conditions which affected the children’s physical health. The Committee expressed its deep concern at the number and situation of child domestic workers in the country and urged 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.

The Committee notes the Government’s indication that it has drafted the Domestic Workers’ Protection and Welfare Policy. The Committee notes that this draft policy contains provisions prohibiting the employment of children under 14 years in domestic work and engaging child domestic workers in heavy and dangerous works. This draft policy also proposes to develop a system for registration of the domestic workers; punishment for illegal action against domestic workers; and to establish regular inspection and monitoring mechanisms involving non-governmental organizations and civil society members for protecting the rights of domestic workers. The Committee expresses the firm hope that the draft Domestic Workers’ Protection and Welfare Policy will be adopted in the near future. It requests the Government to provide information on the concrete measures taken to implement the policy, in particular with regard to the protection of child domestic workers from hazardous work and on the results achieved in terms of the number of child domestic workers prevented and withdrawn from hazardous work and who have been rehabilitated.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s information that through the Services for Children at Risk project, a total of 2,692 children (1,345 girls and 1,347 boys) received services including non-formal education, skills development education and livelihood training. The Committee also notes from the Government’s report that within the Basic Education for Hard to Reach Urban Working Children project, a total of 146,942 working children between the ages of 10 and 14 years were provided with basic education, out of which 31,089 children were enrolled at primary schools. In addition, 3,402 children above 13 years were provided with livelihood skills training. The Child Sensitive Social Protection project 2012–16 (CSPB) which is being implemented with the technical assistance of UNICEF provides conditional cash transfer of monthly 2,000 takas for up to 18 months for underprivileged children in order to prevent them from being involved in child labour.

The Committee also notes from the country report of July 2011, of Understanding Children’s Work in Bangladesh that a project entitled Secondary Education Quality and Access Improvement, which targets both poor boys and girls, provided stipends and tuition support to 0.8 million boys and girls and tuition support to an additional 0.5 million girls. The Committee also notes that according to ILO–IPEC information, in its efforts to ensure education for all, the Government has created educational facilities for 916,000 children in 26,646 learning centres in 89 selected sub-districts and six divisional cities to bring underprivileged children of 7–14 years of age, including working children, under the coverage of primary schooling. The Committee further notes the Government’s information that a National Education Policy 2010 has been adopted in order to ensure compulsory primary education up to grade eight with scope for vocational education as well as to ensure enrolment and retention of students in primary and secondary education. The Committee notes from the UNICEF statistics of 2012, that the primary school net attendance ratio was 77.2 per cent for boys and 81.2 per cent for girls. The Committee takes due note of the measures taken by the Government. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to provide access to free basic education thereby ensuring enrolment and retention of students in primary and secondary education. The Committee also requests the Government to provide updated disaggregated statistical data on school enrolment and drop-out rates.

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