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

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

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.