Solicitud directa (CEACR) - Adopción: 2004, Publicación: 93ª reunión CIT (2005)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Bangladesh (Ratificación : 2001)

The Committee takes note of the Government’s first and second reports, and requests it to supply further information on the following points.

Article 3 of the Convention. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee notes that article 34(1) of the Constitution prohibits all forms of forced labour. It also observes that, by virtue of section 3 of the Children (Pledging of Labour) Act of 1933, it is prohibited to enter into an agreement to pledge the labour of a child under 15 years of age. Section 6 of that Act further states that, any person who knows or has reason to believe that an agreement has been made to pledge the labour of a child, employs that child in furtherance of the agreement or permits the child to be employed in any premises under that person’s control, commits an offence. According to section 2 of the Children (Pledging of Labour) Act, "an agreement to pledge the labour of a child" means an agreement, written or oral, express or implied, whereby the parent or guardian of a child, in return for any payment or benefit received or to be received undertakes to cause or allow the services of the child to be used. The Committee notes that, according to section 2 of the Children (Pledging of Labour) Act, only children under 15 years of age are protected from debt bondage. The Committee draws the Government’s attention to its obligation under Article 1 to take immediate measures to prohibit this form of child labour. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that children aged 15-18 years are protected from debt bondage.

2. Compulsory recruitment of children for use in armed conflict. The Committee notes the absence of information in the Government’s report on this point. It notes the Government’s indication to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 303) that there is no compulsory recruitment for military service. The Committee requests the Government to provide a copy of the provisions regulating the recruitment and enlistment of children under 18 into military service.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the use, procuring or offering of a child under 14 years of age for immoral purposes is prohibited under section 6(1) of the Suppression of Violence against Women and Children Act of 2000. Section 5(1) and (2) of the Act prohibits the use, procuring or offering of women (irrespective of their age) for prostitution or other immoral purposes. The Committee also notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraphs 374 and 375), the Penal Code, the Suppression of Immoral Traffic Act of 1933, and the Children Act of 1974 contain a number of provisions relating to the sexual exploitation of children. The Committee reminds the Government that, by virtue of Article 3(b) of the Convention, the use, procuring or offering of a child under 18 (irrespective of sex) for prostitution, for the production of pornography or for pornographic performances, must be prohibited. The Committee requests the Government to provide a copy of the Penal Code, the Suppression of Immoral Traffic Act and the Children Act. It also asks the Government to indicate whether the use, procuring or offering of a boy aged 14 to 18 for prostitution, for the production of pornography or for pornographic performances, is prohibited under national legislation.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that section 9 of the Narcotics Control Act of 1990 prohibits the cultivation, production, processing, carrying, transportation, importation, exportation, supply, purchase, sale, possession, preservation, exhibition or use of any narcotics. Since the use, procuring or offering of a child under 18 for the production and trafficking of drugs does not appear to be prohibited, the Committee asks the Government to indicate the measures taken or envisaged to this end.

Clause (d). Hazardous work. The Committee observes that there does not appear to be a general prohibition to employ children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee also notes that, according to the National Child Labour Survey conducted by the Bangladesh Bureau of Statistics in 2002-03 ("Baseline survey on child workers in road transport sector, 2003", March 2004, page 6), out of the total of 42.4 million children aged 5 to 17 years, 7.4 million were recorded as economically active and 1.2 million were engaged in hazardous occupations. Indeed, hazardous work is performed by 17 per cent  of the economically active children aged 5 to 17 years; for the age group 15-17, hazardous work represents 27 per cent  of the types of work performed. The Committee reminds the Government that, by virtue of Article 3, clause (d), of the Convention, the Government shall take the necessary measures to ensure the elimination and prohibition of work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee consequently urges the Government to take the necessary measures to ensure that the employment of children under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, is prohibited.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes that national legislation does not provide for a list of the types of hazardous work prohibited for children under 18 years of age. The Committee notes that there are restrictions on night work for children under 18 years of age in factories and shops. It also observes that section 87 of the Factories Act provides that the Government may prohibit or restrict the employment of adolescents or children in dangerous occupations, or may specify operations as hazardous if it exposes any person to serious risk of bodily injury, poisoning or diseases. Section 83 of the Factories Act provides for a list of 18 dangerous activities that may be prohibited for persons under 18 years of age, including manufacture of aired water, manufacture or repair of electric accumulators, glass manufacturing, liming and tanning raw hides and skin. Noting that section 83 of the Factories Act provides for a list of dangerous activities, the Committee asks the Government to indicate if these activities are prohibited for children under 18 years of age, as required under Article 3(d) of the Convention.

The Committee also reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (i) work which exposes children to physical, psychological or sexual abuse; (ii) work underground, underwater, at dangerous heights or in confined spaces; (iii) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (iv) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels or vibrations damaging to their health; (v) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that a list determining the types of hazardous work that may not be performed by children under 18 years of age, will be adopted shortly, after consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190, and not limits its consideration to work performed in factories. The Committee requests the Government to inform it of any developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee observes that, studies conducted by the ILO, UNICEF, and other partners, have found children working in over 300 occupations (ILO: Child labour situation in Bangladesh: A rapid assessment, ILO Dhaka, 1997), of which, about 47 occupations have been identified as hazardous (ILO: Hazardous child labour in Bangladesh, ILO Dhaka, 1996). The Committee also notes that following the adoption of a Memorandum of Understanding between the ILO/IPEC and the Government in 1994, priority target groups were identified for primary action. Priority target groups include: (i) children working in hazardous industries (the construction sector; children working in the bidi factories); (ii) children working in workshops (welding, automobile repair, lathe operations, electrical appliance repair); (iii) waste pickers; (iv) children working in hotels and restaurants; (v) child domestic workers; (vi) sex workers; (vii) very young workers (under 12 years of age), and (viii) working girls. The Committee further notes that the Bangladesh Bureau of Statistics and the ILO identified 13 sectors as being the most hazardous ones and from the list, priority was given to five sectors to collect data: (i) welding; (ii) automobile; (iii) battery recharging and recycling; (iv) road transportation; and (v) street children ("Baseline survey on child workers in road transport sector, 2003", March 2004, page 1).

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee notes the Government’s indication that the Department of Inspection for Factories and Establishment (within the Ministry of Labour and Employment) is responsible for monitoring and inspecting workplaces as well as taking necessary action for violation of laws. Section 9 of the Factories Act provides for the appointment of a chief inspector who has the powers of supervision and control over inspectors appointed by the Government. These inspectors have the power to enter, with assistance, to inspect and to examine any place believed to be a factory, to require the production of any relevant documents and to make any inquiry as may be necessary to ascertain whether the provisions of the Act are followed.

The Committee notes the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraphs 354 and 355) that a shortage of manpower prevents proper inspections in Bangladesh. There are only 102 inspectors for over 180,000 registered factories, establishments, ports and mines.

The Committee requests the Government to provide information on the measures taken or envisaged to provide labour inspectors with adequate human and financial resources in order to monitor the effective implementation of the provisions giving effect to the Convention. It also asks the Government to provide information on the activities of labour inspectors, including the number of workplaces investigated per year, and on the findings with regard to the extent and nature of violations detected concerning children involved in the worst forms of child labour.

2. The Tripartite Consultative Council. The Committee notes the Government’s indication that issues related to labour, child labour, and international labour standards are usually discussed within the Tripartite Consultative Council which consists of an equal number of representatives from the Government, employers and workers headed by the Minister of Labour and Employment. The Committee asks the Government to provide information on the functioning, powers and duties of the Tripartite Consultative Council. It also asks the Government to indicate whether recommendations have been issued by the Tripartite Consultative Council, especially those concerning the situation of children involved in the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that the Government of Bangladesh signed a Memorandum of Understanding with the ILO/IPEC in 1994. The overall objectives of the four-year IPEC country programme (1995-99) was to identify good strategies and workable models to combat the worst forms of child labour and to build the capacity of the Government, employers’ and workers’ organizations, non-governmental organizations (NGOs) and other social partners to deal with the problems of child labour. To this end, child labour in Bangladesh was analysed and then, based on this, strategies and models for combating child labour were developed. Projects were undertaken to prevent children from entering the labour market, to withdraw children from hazardous work and to ensure their rehabilitation, and to raise awareness on the worst forms of child labour. The Committee observes that the Government, employers’ and workers’ organizations and NGOs implemented over 75 action programmes. So far, about 50,000 children have benefited from these programmes and more than 700 civil servants have received training on child labour. The Committee encourages the Government to pursue its efforts to eliminate the worst forms of child labour. It also asks the Government to provide information on any new ongoing programmes as well as on the results achieved by its existing programmes.

Article 7, paragraph 1. Penalties. The Committee notes that, according to article 34 of the Constitution, all forms of forced labour are prohibited and that any contravention of this provision shall be an offence punishable in accordance with the law. The Committee also notes that, by virtue of section 4 of the Children (Pledging of Labour) Act of 1933, a parent or guardian who signs an agreement to pledge the labour of a child under 15 years of age is liable to a fine of a maximum of 50 taka. Section 5 of the Suppression of Violence against Women and Children Act of 2000 provides that a person who buys, sells, lets on hire or otherwise delivers a woman for the purpose of prostitution or illegal or immoral acts shall be punishable by death or with imprisonment for life or rigorous imprisonment for ten to 20 years and liable to a fine. A person who buys or sells a child under 14 years of age for any unlawful or immoral purpose shall be punishable by death or rigorous imprisonment for life and liable to a fine (section 6(1) of the Suppression of Violence against Women and Children Act of 2000). The Committee also observes that, by virtue of section 11 of the Road Transport Workers Ordinance, whoever employs a child in contravention of the Act is liable to a maximum fine of 500 taka. According to section 93 of the Factories Act, any violation of the Act, including provisions on hazardous work, is punishable by a fine which may extend to 1,000 taka. The Committee nevertheless requests the Government to provide information on the penalties applicable for a person who commits an offence of forced labour as prohibited under article 34 of the Constitution.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures taken to prevent the engagement of children in the worst forms of child labour. 1. National plan. The Committee notes that the Government and the ILO/IPEC adopted a Time-bound programme (TBP) in June 2004. Because of the complexity and scale of the worst forms of child labour in Bangladesh, a decision was made to create a solid foundation for the TBP through a two-year preparatory phase. The preparatory phase is designed to generate a framework for policy and direct action on the worst forms of child labour. This framework will be the outcome of two processes: (i) the creation of an in-depth knowledge base to improve understanding of the nature and scope of the worst forms of child labour in Bangladesh; and (ii) extensive and systematic consultations with a view to building a wide commitment among child labour stakeholders to address the worst forms of child labour problem. The Committee requests the Government to provide information on the progress made towards the adoption of a national framework for the elimination of the worst forms of child labour.

2. Education. The Committee notes that the Compulsory Primary Education Act was passed in 1990, and that three years later the Government established a compulsory primary education system for all children aged 6 years and above. The Committee notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraphs 256-257), the Directorate of Non-formal Education launched a programme aiming at providing learning opportunities for approximately 350,000 working children aged 8 to 14 from urban slums. As of December 2000, a total of 3,375 centres were established in the six divisional cities with approximately 100,000 students. The Committee also notes that the Government has introduced an attractive nationwide stipend programme through which cash money is given (100 taka for one student from one family and 125 taka for two students from the same family per month). According to the Bangladesh Bureau of Statistics ("Baseline survey on child workers in road transport sector, 2003", March 2004, pages 9-10), this programme has significantly increased school enrolment and attendance rate and reduced drop-out rate.

The Committee nevertheless notes that 58 per cent  of children working in this road transport sector cannot read or write and that 98 per cent  are not studying currently ("Baseline survey on child workers in road transport sector, 2003", March 2004, pages 32-33). The main reasons given for not attending school is the lack of money to pay educational expenses. Regarding the 39,000 children working in welding establishments ("Baseline survey on child workers in welding establishments", Bangladesh Bureau of Statistics, December 2003, pages 45-47), 52 per cent  of the children had never been to school and 95.6 per cent were not studying at the time the survey was conducted. Amongst the 4.6 per cent of children who were working in welding establishments and studying at the same time, half of them were at primary level. Similar records exist for children working in the battery recharging/recycling sector ("Baseline survey on child workers in 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 requests the Government to provide a copy the Compulsory Primary Education Act. It also asks the Government to continue its efforts to ensure access to basic education to all children in Bangladesh and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes that, according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 346), the MOU signed by the Bangladesh Garment Manufacturer’s and Exporter’s Association (BGMEA), ILO and UNICEF has led to the placement of approximately 10,000 former child garment workers in nearly 340 learning centres and a drastic reduction in the export-oriented BGMEA member factories by the end of 1996. This joint effort of the BGMEA, UNICEF and ILO/IPEC has also resulted in more than 27,000 working children being withdrawn from work including measures to offset the loss in income to their families. The Committee asks the Government to provide information on the measures taken to assist for the removal of children from worst forms of child labour such as street workers, prostitutes, trafficked children, children working in hazardous occupations, and ensure their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. 1. Child workers in the road transport sector. The Committee observes that according to section 3(1) of the Road Transport Workers Ordinance of 1961, "no person, other than a driver, shall be employed in any road transport service unless he/she has attained the age of 18 years". Section 3(2) of the aforementioned Act further states that "no person shall be employed in any road transport service for the purpose of driving a vehicle unless he has attained the age of 21 years". However, the Committee notes that according to the "Baseline survey on child workers in road transport sector, 2003" prepared by the Bangladesh Bureau of Statistics (March 2004, page viii), 85,600 children under 18 were engaged in road transport activities in 9,800 sites across the country. The Bangladesh Bureau of Statistics (page 37 of the survey) also indicates that 32 per cent of children under 18 working in the road transport sector are drivers or rickshaw pullers, and 20 per cent are conductors. The survey (page 76) further indicates that 45 per cent of children working in the road transport sector fell sick and 15 per cent faced accidents and got injured. They mainly suffered from fever (61 per cent ) or injured their hands and legs (75 per cent ). The Committee asks the Government to take the necessary measures to ensure that children under 18 years of age working in the road transport sector do not perform hazardous work.

2. Children working in the informal sector. The Committee notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/65/Add.22, 14 March 2003, paragraph 348), the national household survey on child labour conducted by the Bangladesh Bureau of Statistics in 1995-96 showed that the country counts 6.6 million child workers aged 5 to 14 years. Of these, 90 per cent  operate in the informal sector. The Committee also notes the Government’s statement that an ongoing ILO/IPEC programme concerns the prevention and elimination of the worst forms of child labour in the urban informal economy. The Committee asks the Government to provide information on the concrete measures taken under this programme to ensure that children under 18 years of age working in the informal sector are protected from the worst forms of child labour and the results achieved.

3. Street children. The Committee notes that Bangladesh counts 2,500 street children of which 97 per cent are boys ("Baseline survey of street children in Bangladesh", Bangladesh Bureau of Statistics, December 2003, pages ix and x). Street children are involved in a wide variety of activities: collecting old papers; cooli/minti; tokai; begging; hawkers; shoe polishers; and sellers of flowers. According to the survey by the Bangladesh Bureau of Statistics, only a small percentage of street children are involved in pickpocketing, sex work, and the drug business. However, the Committee observes that more than 57 per cent of street children reported that they felt sick and 48 per cent were injured while working (page 48 of the aforementioned survey). They mostly suffer from cuts, wounds or back pain. The most common sicknesses are fever, water-borne diseases and headaches. The Committee asks the Government to provide information on the measures taken or envisaged to ensure that street children under 18 years of age do not perform hazardous work.

Clause (e). Special situation of girls. The Committee notes the absence of information in the Government’s report on this point. It consequently requests the Government to provide information on the time-bound measures taken or envisaged to take account of the special situation of girls.

Article 8. 1. International cooperation. The Committee notes that Bangladesh is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1990, the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000, and the Protocol on the Involvement of Children in Armed Conflict in 2000; acceded in 1985 to the Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others.

2. Regional cooperation. The Committee notes that a number of sectoral programmes are ongoing owing to the assistance provided by various countries and international organizations to Bangladesh. Thus, it observes that the Government of Netherlands provided support to implement a project on child labour in the urban informal sector in Dhaka and Chittaging. Similarly, the United States Department of Labor funded a child labour project addressing the worst forms of child labour in the bidi sector, construction sector, leather, child domestic work, and match factories. The ILO/IPEC started the implementation of a subregional project (Bangladesh, Nepal and Sri Lanka) on child trafficking for economic exploitation. The Committee asks the Government to provide information on the impact of these regional cooperation programmes.

3. Elimination of poverty. The Committee notes that there are several ongoing projects aimed at reducing poverty; most of them are conducted with the assistance of UNDP. At the request of the Government, UNDP is also supporting the development of practical policies that foster economic growth that benefits the poor. The Committee also notes that one component of the TBP on eliminating the worst forms of child labour, launched in June 2004, is to improve the knowledge base on the links between poverty, population and various forms of child labour that will aid in formulating development policy (PRSP) and anti-poverty programmes so that they reduce child labour, especially the worst forms. These programmes contribute to breaking the cycle of poverty which is essential for the elimination of the worst forms of child labour. The Committee requests the Government to provide information on the concrete measures taken support to foster economic growth. It also asks the Government to supply information on any notable impact of these poverty reduction programmes towards eliminating the worst forms of child labour.

4. Commercial sex workers. The Committee notes that a project on "Poverty alleviation and sustainable livelihood of the socially disadvantaged women and their children" was established by the Ministry of Social Welfare, with the assistance of UNDP, in 1999. This project is aimed at supporting commercial sex workers in brothels and on the streets of Dhaka in order to ensure that commercial sex workers and their children can freely access the same rights and privileges as other citizens of Bangladesh. Under the project, sex workers and their children can access reproductive and sexual health services as well as education opportunities. The Committee requests the Government to provide information on further measures taken to support commercial sex workers, as well as their impact on reducing or eliminating the worst forms of child labour.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part V. The Committee notes that surveys were conducted by the Bangladesh Bureau of Statistics to provide an overview of the working conditions, educational background, type of work performed by children working in the following sectors: automobile sector, battery recharging/recycling sector, welding establishment, road transport sector and on the street. It also notes the Government’s indication that the Bangladesh Bureau of Statistics, in collaboration with the ILO, is undertaking a child labour survey. The Committee accordingly hopes that the Government will be able to provide, in its next report, further information on the worst forms of child labour, including information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex.