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

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

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.