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

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee previously requested the Government to take measures to strengthen its law enforcement mechanisms in order to effectively investigate and prosecute cases of trafficking in persons.

The Committee notes with interest the adoption of the Human Trafficking Deterrence and Suppression Act, 2012, section 6 of which prohibits trafficking in persons. The Act also provides for the establishment of a Human Trafficking Prevention Fund, as well as a National Anti-Trafficking Authority. Additionally, the Act contains provisions on the protection and rehabilitation of victims, including access to compensation and legal and psychological counselling. The Committee notes further the adoption of the National Plan of Action for Combating Human Trafficking (2012–14), as well as various other measures taken to address trafficking in persons which are described in detail in the annual anti-trafficking country reports of the Ministry of Home Affairs. In this regard, the Committee observes that a total of 209 cases related to trafficking in persons were lodged in 2012, resulting in eight convictions and 333 victims rescued (Combating Human Trafficking Report, Ministry of Home Affairs, 2012). In 2013, the Ministry of Home Affairs reported 366 cases lodged, resulting in six convictions and a total of 1,090 victims rescued. Taking due note of this information, the Committee encourages the Government to pursue its efforts to prevent, suppress and combat trafficking in persons, and to take the necessary measures to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and prosecutions. The Committee requests the Government to continue to provide information on the number of convictions and the specific penalties applied, as well as on the difficulties encountered by the competent authorities in identifying victims and initiating legal proceedings. The Committee also requests the Government to provide information on the specific measures taken and concrete results achieved with regard to victims’ protection, assistance and rehabilitation.

Articles 1(1) and 2(1). Restrictions on freedom of workers to terminate employment. For several 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 impose 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 the Government’s repeated indication that section 27 of the Labour Act (BLA 42/06) ensures to all workers freedom to terminate their employment with notice and, therefore, the laws of 1952 and 1958 are no longer applied in practice. Noting the Government’s reiterated indications, the Committee trusts that the necessary measures will be taken to repeal the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, so as to bring national legislation into conformity with the Convention and the indicated practice.

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