Minimum Age (Industry) Convention (Revised), 1937 (No. 59) - Bangladesh (Ratification: 1972)

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

Application of the Convention in practice. In its previous comments, the Committee noted the information provided by the Government on the various measures taken for the effective abolition of child labour, as well as the adoption of a list of 38 types of hazardous work prohibited to children under 18 years of age. In addition, free school books and financial assistance in the form of stipends or tuition fees were provided by the Government which benefitted a total of 3,250,563 children. The Committee further noted the Government’s information on the impact of these measures, such as an increase in the net enrolment rate at the primary level and a decrease in the primary school drop-out rate. The Committee, however, noted that according to the Child Labour Survey of 2013, of the 3.45 million children between 5 and 17 years who were working, 1.7 million children were involved in child labour with the manufacturing sector dominating (33.3 per cent in child labour). It urged the Government to strengthen its efforts to eliminate child labour in the sectors covered by the Convention.

The Committee notes with interest the Government’s information in its report that six sectors were declared child labour free in February 2021, such as the tannery, glass, ceramic, ship recycling, export oriented leather goods and footwear and silk sectors, in addition to the garment and shrimp sectors which was earlier declared as child labour free. The Committee also notes the Government’s information that in order to improve labour inspection, the Department of Inspection for Factories and Establishments (DIFE) was restructured and upgraded by increasing the number of inspectors to 575 and establishing new offices in 23 districts and by increasing the budget by 452 per cent in the fiscal year 2020–21. The Government also indicates that in 2020-21, a total of 47 in-house training programmes for labour inspectors were organized with a participation of about 988 inspectors. During 2020-2021, a total of 47,361 inspection visits were carried out by the DIFE, and a total of 1421 cases were filed against the employer, of which 98 cases were related to the violation of section 34 (prohibition of employment of children and adolescent) of the Employment Act. Moreover, with the assistance of the ILO, a mobile and web-based application namely “Labour Inspection Management Application (LIMA)” has been developed and around 8367 inspections were carried out in 2020-2021 using this application.

The Committee also notes from the draft National Plan of Action (NPA) for the Elimination of Child Labour 2021-25 document that the Seventh Five year Plan (SFYP) 2016-20 under its inclusion strategy addresses child labour and calls for effective measures to reduce child labour. The Committee takes due note of the information that the Ministry of Labour and Employment has also identified actions beyond SFYP, which include the preparation for the ratification of the ILO Minimum Age Convention, 1973 (No. 138). The Committee encourages the Government to continue its efforts to eliminate child labour in the sectors covered by the Convention, including through strengthening the capacities of the labour inspectors in identifying and monitoring child labour. It requests the Government to provide information on the concrete measures taken within the framework of the NPA for the Elimination of Child Labour 2021-25 and the results achieved. The Committee also requests the Government to continue to provide updated statistical information on the extent of child labour in the sectors covered by this Convention, as well as on the practical application of the Convention, including reports of inspection services, number and nature of violations reported and penalties applied.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Application of the Convention in practice. The Committee had previously noted the various measures and policies introduced by the Government to reduce child labour, including: the National Child Labour Elimination Policy of 2010 and a National Plan of Action for the Elimination of Child Labour; the National Education Policy of 2010; the project on Eradication of Hazardous Child Labour in Bangladesh (Phase III); and the Basic Education for the Hard-to-Reach Urban Working Children. The Committee encouraged the Government to continue its efforts to improve the situation of child labour in the country.

Accordingly, the Committee notes the Government’s information in its report that the National Plan of Action for the Elimination of Child Labour 2013–16, focuses on nine strategic interventions including policy implementation, legislation and enforcement, education, prevention of child labour and safety of children engaged in work. The Government also indicates that under the first and second phases of the Eradication of Hazardous Child Labour in Bangladesh project, 40,000 children were withdrawn from child labour through informal schooling, skills-development training and socio-economic empowerment of their parents. The Committee also notes the following information provided by the Government concerning the measures taken for the effective abolition of child labour:

• -The Reach Out of School Children project (Phase II), which intends to ensure completion of the primary education cycle, has been implemented in 148 upazilas (sub-districts) since 2013. Under this project, 12,857 learning centres were established, through which 3,048,200 children between 8 and 14 years, who have never been to school or who have dropped out of school were provided with basic education.
• -A Non-Formal Education Policy and a Non-Formal Education Act 2014 were adopted to facilitate basic education and skills development of working children.
• -Several multi-dimensional programmes, such as the Child Sensitive Social Protection project and Services for Children at Risk project are being implemented by the Department of Social Services; and training and rehabilitation centres, day care centres and orphanages have been established to provide basic needs for children at risk.
• -A list of 38 types of hazardous work prohibited to children under 18 years of age was adopted in March 2013. This list includes: work in automobile workshops and electrical mechanics; battery recharging; manufacturing of bidi, cigarettes and matches; brick or stone breaking; manufacturing of plastics, soap, pesticides and leather; metal works; welding works; construction works; dyeing or bleaching; weaving; chemical factories; butcheries; the truck, tempo and bus industries; and work in ports and ships.

In addition, the Committee notes the information from the Ministry of Education that the Directorate of Secondary and Higher Education and the Directorate of Technical Education have undertaken different initiatives for engaging children in schools and vocational institutions and these have a massive impact on reducing child labour. These initiatives include: provision of free books; financial assistance in the form of stipends or tuition fees; and awareness-building workshops. The current stipend programmes are being implemented through five different projects of which three are related to secondary education. According to the information provided by the Government, these three projects cover 23,526 schools, and a total of 3,250,563 children (2,187,225 girls and 1,063,338 boys) are beneficiaries. The Committee further notes the Government’s information that the net enrolment rate at the primary level increased significantly from 87.2 per cent in 2005 to 97.7 per cent in 2014, with girls’ enrolment rate reaching 99.14 per cent. Moreover, the primary school drop-out rate has been reduced from 50.5 per cent in 2005 to 20.9 per cent in 2014. With regard to the statistical information on child labour, the Government report refers to the Child Labour Survey of 2013, which indicates that of the 3.45 million children between 5 and 17 years who are working, 1.7 million children are involved in child labour with the manufacturing sector dominating (33.3 per cent in child labour), followed by agriculture (29.9 per cent) and trading (10.6 per cent). The Committee notes the Government’s statement that although eliminating child labour in all sectors remains a big challenge, the Government of Bangladesh is committed to withdrawing children from hazardous work and moving them into formal education. While taking note of the measures taken by the Government, and the improvement in the enrolment rate at the primary level, the Committee must express its concern at the high number of children that are still involved in child labour in Bangladesh, particularly in the manufacturing sector. The Committee therefore urges the Government to strengthen its efforts to eliminate child labour in the sectors covered by the Convention. The Committee requests that the Government continue to provide updated statistical information on the extent of child labour in these sectors, as well as on the practical application of the Convention, including reports of inspection services, number and nature of violations reported and penalties applied.

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

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, the Memorandum of Understanding (MOU) signed by the Bangladesh Garment Manufacturers and Exporters Association (BGMEA), the ILO and UNICEF had led to the withdrawal of more than 27,000 children from work. It had also noted that, according to the Baseline survey on child workers in welding establishments, conducted by the Bangladesh Bureau of Statistics in December 2003, with regard to 39,000 children working in welding establishments, 52 per cent had never been to school and 95.6 per cent were not studying at the time the survey was conducted. Similar records existed for children working in the battery recharging/recycling sector (“Baseline survey on child workers in the 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). Observing that the practice was inconsistent with the legislation and the Convention, and recalling that the Convention sets forth the minimum age of 15 years for any public or private undertaking, with the exception of family undertakings and work done in technical schools, the Committee had strongly encouraged the Government to redouble its efforts to improve the situation. It had also requested the Government to supply statistical information on the practical application of the Convention, such as extracts from the reports of inspection services and information on the number and nature of contraventions reported, and school enrolment or attendance rates.

The Committee notes the Government’s statement that the Parliamentary Standing Committee of the Ministry of Labour and Employment is currently working for the restructuring and strengthening of the Department of Inspection for Factories and Establishments (DIFE). It notes the Government’s information that it has recently taken measures to strengthen the inspection services by increasing the number of labour inspectors, and by establishing district level labour offices all over the country. The Government also states that the fines imposed under section 284 of the Bangladesh Labour Law for employing children and young persons in contravention of the provisions of the Labour Law amounted to 90,000 taka (approximately US$1,197), in 2006.

The Committee further notes with interest the following policies and measures taken by the Government to reduce child labour, as indicated in the Government’s report:

• -A National Child Labour Elimination Policy has been formulated by the Government in 2010, with a National Plan of Action being developed for the elimination of child labour. Within this framework, the Government has taken initiatives to establish national/district/sub-district level monitoring committees as well as a National Child Labour Welfare Council to assess the child labour situation as well as to coordinate all promotional activities carried out by the Government, NGOs and international organizations.
• -A National Education Policy of 2010 has been adopted which aims to ensure compulsory and free primary education for every child up to grade eight (14 years).
• -The Ministry of Labour and Employment started implementing the third phase of the project entitled “Eradication of Hazardous Child Labour in Bangladesh” targeting the withdrawal of 50,000 children working in hazardous sectors through non-formal education and skills development training.
• -Basic Education for the Hard-To-Reach Urban Working Children which has reached its second phase aims to achieve quality life skills-based quality education, livelihood education, and advocacy for improved environment for working in six divisional cities in Bangladesh. This project targets 200,000 working children of ages between ten and 14 years for basic education through establishing 8,000 learning centres, and targets 20,000 children of over 13 years for livelihood education.
• -The Child Labour Unit (CLU) under the ILO–IPEC Time-bound Programme towards the elimination of the worst forms of child labour (TBP–UIE), which compiles and disseminates child labour-related issues, has developed a child labour management information system (CLMIS) and a website was launched on 29 June 2011.

The Committee further notes the Government’s indication that net primary enrolment rates increased significantly from 61 per cent in 1990 to 94 per cent in 2009, and the primary school completion rate increased from 43 per cent to 55 per cent from 1990 to 2008. According to the Multiple Indicator Cluster Survey –Bangladesh, 2006, 76.9 per cent of children were attending school. It further notes the information from the ILO–IPEC – Bangladesh Child Labour Data-Country Brief, that according to the results of Bangladesh Child Labour Survey of 2002–03, 13.4 per cent of all children aged 5-14 years were working, of which 62 per cent were in the agricultural sector, 23.3 per cent in the services, and 14.7 per cent were in the industrial sector. The Committee encourages the Government to continue its efforts to improve the situation of child labour in the country. It requests the Government to provide information on the impact of the National Child Labour Elimination Policy and National Education Policy in eliminating child labour, particularly in the industrial sector. The Committee further requests the Government to provide updated statistical information on the extent of child labour in the country, as well as on the practical application of the Convention, including reports of inspection services, number and nature of violations reported and penalties applied.

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

The Committee notes the Government’s report.

Part V of the report form. Application of the Convention in practice. In its previous comments, the Committee had noted the Government's information on the continued efforts to eliminate child labour from the garment factories of the members of the Bangladesh Garment Manufacturers and Exporters Association (BGMEA). It had also noted that, according to the Government’s report to the Committee on the Rights of the Child of 4 February 1997 (CRC/C/3/Add.38 and CRC/C/3/Add.49), the number of child workers is significant in literally hundreds of occupations, and that in some cases children are subject to severe exploitation and physical and psychological hazards. In the same report, the Government recognized the need for action to remove children urgently from hazardous and unhealthy work and to reduce child labour progressively by expanding primary schooling and providing support to poor families (CRC/C/3/Add.49, paragraph 37). The Committee had requested the Government to indicate all measures taken to ensure the application of the Convention in practice, as well as the results achieved, including the number of children effectively removed from the work done in contravention of the minimum age provisions.

The Committee notes the absence of information on this point in the Government’s report. It notes, however, that, according to the Government’s report to the Committee on the Rights of the Child of 14 March 2003 (CRC/C/65/Add.22, paragraph 346), the Memorandum of Understanding (MOU) signed by the BGMEA, the ILO and UNICEF has led to the withdrawal of more than 27,000 children from work. It also notes that, according to the same source (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 child workers aged 5 to 14 years operate in the informal sector.

The Committee notes that, according to the Baseline survey on child workers in welding establishments, conducted by the Bangladesh Bureau of Statistics in December 2003, with regard to the 39,000 children working in welding establishments, 52 per cent had never been to school and 95.6 per cent were not studying at the time the survey was conducted. Similar records exist for children working in the battery recharging/recycling sector (“Baseline survey on child workers in the 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 observes that, according to the abovementioned statistical data, practice is inconsistent with the legislation and the Convention. It notes that an ILO/IPEC project is currently being implemented targeting hazardous child labour (in particular in bidi (hand-rolled cigarette) factories, construction, leather tanneries, matches) and child labour in the urban informal sector. It also notes that a programme has been launched on 24 April 2006 in cooperation with ILO/IPEC to provide vocational skills training for 300 children withdrawn from hazardous work.

Recalling that the Convention sets forth the minimum age of 15 years for any public or private undertaking, with the exception of family undertakings and work done in technical schools, the Committee strongly encourages the Government to redouble its efforts to improve the situation. It once again requests the Government to supply statistical information on the practical application of the Convention, such as extracts from the reports of inspection services and information on the number and nature of contraventions reported, school enrolment or attendance rates, not only with regard to garment manufacturing but also other sectors covered by the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Further to the previous observation, the Committee notes the Government's report, which includes information on the continued efforts to eliminate child labour from the garment factories of the members of the Bangladesh Garment Manufacturers and Exporters Association (BGMEA). According to the report, among the 3,984 garment factories visited by the inspection, 3,381 were found without child labour, 275 had child labour, and 328 factories were temporarily closed.

The Government further states that a Memorandum of Understanding was signed in 1994 between the Ministry of Labour and Employment and the ILO to launch the International Programme on the Elimination of Child Labour (IPEC) with a view to eliminating child labour in different sectors.

In addition to the above, the Committee notes the reports the Government submitted in 1997 to the United Nations concerning the Convention on the Rights of the Child (CRC/C/3/Add.38 and CRC/C/3/Add.49), in which the Government notes that, although estimates vary, the number of child workers is significant in literally hundreds of occupations, and that in some cases children are subject to severe exploitation and physical and psychological hazards. The Government further recognizes the need for action to remove children urgently from hazardous and unhealthy work and to reduce child labour progressively by expanding primary schooling and providing support to poor families (CRC/C/3/Add.49, paragraph 37).

The Committee requests the Government to indicate all measures taken, in line with the indications in the above-mentioned reports, to ensure the application of the Convention in practice, as well as the results achieved, including the number of children effectively removed from the work done in contravention to the minimum age provisions. It requests the Government to continue to supply detailed information in accordance with point V of the report form on the application of the Convention in practice, including for instance any statistics, extracts from official reports, the number of inspection visits made, the contraventions reported, with regard not only to the garment manufacturing but also other sectors covered by the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that a Memorandum of Understanding was signed on 4 July 1995, between the Bangladesh Garment Manufacturers and Exporters Association (BGMEA), UNICEF and the ILO Office in Dhaka. It notes that the purpose of this MOU is the removal of underaged children from BGMEA factories, including subcontracting factories, and placing them in appropriate education programmes. It also notes that it is provided that no new child workers, who have not attained 14 years of age, will be hired by BGMEA member factories.

Noting that the MOU, setting the target date of 31 October 1995, includes a proviso that the employment of children will not be terminated until such programmes are ready to absorb them, the Committee requests the Government to provide information on the measures taken to implement the above MOU, as well as a general account of the application of the Convention in practice in the garment manufacturing and other sectors covered by the Convention, including, for instance, extracts from inspection reports, and information on contraventions reported.