Observación (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre el trabajo forzoso, 1930 (núm. 29) - Bangladesh (Ratificación : 1972)
Protocolo de 2014 relativo al Convenio sobre el trabajo forzoso, 1930 - Bangladesh (Ratificación : 2022)

The Committee welcomes the ratification by Bangladesh of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 11 October 2024 and the Bangladesh Employers’ Federation (BEF) communicated with the Government’s report.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i)Institutional framework. The Committee notes the Government’s information in its report that the mid-term evaluation of the implementation of the National Plan of Action (NPA) for Suppression and Prevention of Human Trafficking 2018–22 revealed that there is an over emphasis on prevention while little emphasis is given towards protection, prosecution, partnership and monitoring and evaluation. The Government has been predominantly aiming to reduce vulnerability to trafficking in persons through investing in safety-net and microcredit programmes, while the non-government actors have set their priority on awareness-raising. Accordingly, 48,561 awareness-raising interventions were implemented at the community level covering a total of 37,816,717 people. The Government indicates that the NPA 2023–25 has identified key roles and relevant actions to comprehensively address both internal and cross-border trafficking and has developed two sets of actions, planned with specific expected outcomes within the five areas of action, for state and non-state actors. The Government also indicates that the Public Security Division (PSD) of the Ministry of Home Affairs (MoHA), in collaboration with other relevant ministries, is the entity assigned to lead the implementation of the NPA 2023–25.

The Committee notes the statement made by the TU-ILS Committee, in its observations, that no consultations were held with the trade union representatives with regard to the preparation or implementation of the NPA. The TU-ILS Committee, while quoting several reports, indicates that over 10,135 victims, including 1,784 from sex trafficking, 8,090 from labour trafficking, and 261 from unspecified forms have been reported by civil society and international organizations. It also refers to a report from the United Nations Children’s Fund (UNICEF) which indicates that approximately 400 women and children in Bangladesh are victims of trafficking each month.

According to the First National Study on Trafficking in Persons in Bangladesh, 2022 prepared by the Global Action against Trafficking in Persons and the Smuggling of Migrants, in cooperation with the United Nations Office on Drugs and Crime (UNODC) and the Government, Bangladesh is a significant country of origin for cross-border trafficking, while the crime is also prevalent in the domestic context. Men and boys are exploited for the purpose of forced labour in industries, while women and girls are trafficked for sexual exploitation. The Committee also notes that the United Nations Special Rapporteur on trafficking in persons, especially women and children (UN Special Rapporteur), in her report of April 2023, states that trafficking of women and girls for sexual exploitation within Bangladesh and across its borders, especially to India, remains prevalent and hence stresses the need for strengthened measures for its prevention (A/HRC/53/28/add.1). The Committee requests the Government to strengthen its efforts to combat trafficking in persons, both for labour and sexual exploitation, particularly of women and children, including by effectively implementing the five strategic objectives of the NPA 2023–25. It requests the Government to continue to provide information on the activities undertaken by the state and non-state actors in this regard, as well as on any assessment of the results achieved, the challenges identified and the measures envisaged to address them, indicating also how social partners are involved in these processes.

(ii)Identification and protection of victims. Following its previous comments, the Committee notes the Government’s information that the PSD of the MoHA, in collaboration with various stakeholders and relevant ministries, developed a Human Trafficking and Victims Identification Guideline which facilitates to differentiate between victims of human trafficking and human smuggling and is highly inclusive and competent in identifying all forms of trafficking in persons and its victims across vulnerable groups. This guideline was tested in the field by the Dhaka Metropolitan Police, Jashore District Police, Criminal Investigation Department (CID) and the Border Guard Bangladesh (BGB). Based on its positive response, the National Anti-Human Trafficking Authority approved this guideline in July 2023 and circulated it among the relevant stakeholders including the police and the judiciary. The Committee also notes the Government’s indication that regular coordination is carried out by the Rescue, Recovery, Repatriation and Integration (RRRI) Task Force of Bangladesh and India on the issue of human trafficking, in particular trafficking in women and children. According to the Government’s report, the National Helpline Centre for Violence against Women and Children, which operates 24/7 days, received 22 calls related to trafficking in persons during the period from January 2022 to July 2024.

The Committee notes that the TU-ILS Committee states that there is a lack of adequate and up-to-date data on the protection and reintegration of victims of trafficking. The shelter homes under the Ministry of Women and Children Affairs and the Ministry of Social Welfare do not have specialized services for the victims of trafficking.

In this regard, the Committee notes that the UN Special Rapporteur noted with concern that the two-government run shelters, where victims of trafficking for sexual exploitation were accommodated, had limited provision for psychosocial assistance, education, training and access to employment. Victims/survivors, despite indicators of having been trafficked or at risk of being trafficked for sexual exploitation, were rarely identified as such, nor were they provided with specialized assistance or protection. Limited attention is given to the identification of victims of trafficking for purposes of forced labour, in particular in domestic servitude). The Committee requests the Government to strengthen its efforts to ensure that victims of trafficking are properly identified by effectively applying the Human Trafficking and Victims Identification Guideline and to provide information on the specific measures taken to better identify cases of trafficking in persons, particularly in the domestic sector. It also requests the Government to intensify its efforts to ensure adequate protection, assistance and rehabilitation services to all victims of trafficking. The Committee requests the Government to provide information on the measures taken in this regard as well as on the number of victims of trafficking who have benefited from the assistance and protection services, indicating the specific services provided.

(iii)Prosecution and application of penal sanctions. Following its previous comments concerning the measures taken to strengthen the capacities of the law enforcement bodies, the Government indicates that from September 2021 to August 2024, a total of 355 judges and prosecutors were trained on trafficking cases through partnership with different agencies; and 25 junior foreign service officials, including five diplomats from other countries, were provided with training on trafficking in persons at the Foreign Service Academy. Moreover, a total of 15,165 police personnel were trained from April to November 2022 on topics related to law and order which also included human trafficking-related laws, investigation procedures and support and assistance to victims of trafficking. The Government also indicates that the Border Guard Bangladesh (BGB) conducts multidimensional training courses for its members, round the year, on combating and preventing transnational organized crime with a special focus on trafficking in persons. Concerning the number of cases of trafficking investigated, the Committee notes the Government’s information that during 2023, a total of 1,191 cases of trafficking, involving 4,880 alleged perpetrators, were investigated, of which 712 persons were prosecuted and 336 convictions were handed down. The Government states that there had been a remarkable increase in convictions in 2023 as compared to 80 convictions secured in 2022.

In its observations, the TU-ILS Committee states that the number of investigations and convictions for cases of trafficking in persons is low and that only 1.5 per cent of the cases see conviction. In most of the cases, the traffickers were sentenced by the courts to fines, though some were given a combination of imprisonment and fines.

The Committee notes from a report of the UNODC of 3 March 2024, entitled Stepping up efforts supporting the Government of Bangladesh to address Human Trafficking, that a Bench Book on Effective Adjudication of Human Trafficking Cases Using a Victim-centred Approach was developed jointly by the International Organization for Migration (IOM) and the UNODC. This Bench Book will equip the judiciary with the necessary tools and knowledge to effectively adjudicate human trafficking cases, ensuring the rights of victims. The Committee further notes from the First National Study on Trafficking in Persons in Bangladesh, 2022 that the criminal justice sector in Bangladesh has been expanded, and in 2020, seven anti-trafficking tribunals were established with the mandate to prosecute cases across the country. However, this study report also indicates that although there are thousands of cases of trafficking in persons reported at several courts, the number of cases successfully investigated and prosecuted, leading to convictions, are limited. While welcoming the measures taken by the Government, the Committee requests it to strengthen its efforts to ensure that all identified cases of trafficking be subject to in-depth investigations with a view to prosecution, and to allow for the imposition of dissuasive penalties for perpetrators of trafficking. To this end, the Committee requests the Government to continue to strengthen the capacity of the law enforcement bodies, including judges and prosecutors. It requests the Government to continue to provide information on the measures taken in this regard as well as on the number of investigations and prosecutions carried out in cases of trafficking for the purpose of labour or sexual exploitation and on the number of convictions handed down and the penalties imposed.

2. Forced labour practices. The Committee notes the Government’s information that, within the existing legal and constitutional framework of the country, every citizen is entitled to legal protection and holds the legal rights to turn down any proposition of work or terminate any employment. The Government indicates that 426 victims of forced labour were identified from September 2021 to August 2024.

The Committee notes the statement made by the TU-ILS Committee that inspections by the labour inspectors of the Department of Inspection for Factories and Establishments (DIFE) do not include forced labour issues, as there is no provision on forced labour in the labour law. The TU-ILS Committee further states that brick kiln workers are often trapped into a perpetual cycle of debt and that there are instances where such workers are kept in confinement and forced to work.

The Committee notes that according to the First National Study on Trafficking in Persons in Bangladesh, 2022 forced labour includes exploitation in the fishing industry, textile, brick and electronics manufacturing, agriculture, construction, domestic work and work on tea plantations. Men and boys are exploited for the purpose of forced labour in industries such as shipbreaking or fisheries industry. Shipbreaking yards in the coastal area of Chittagong directly employ around 40,000 workers and around 200,000 in related businesses.

The Committee notes that the UN Special Rapporteur indicates that gaps in implementation and enforcement of the Labour Act, increase risks of trafficking for purposes of forced labour. Moreover, sanctions for violations of the Labour Act are not effective, proportionate or dissuasive, with weak enforcement and continuing reports of corruption. The Special Rapporteur also refers to the poor working conditions and rates of pay of workers on tea plantations, which combined with a history of discrimination and socio-economic disadvantage, increase risks of trafficking for forced labour. The Committee urges the Government to take effective measures to ensure that all workers are fully protected from abusive practices and working conditions that amount to forced labour. In this regard, it requests the Government to take the necessary measures to ensure the effective implementation of the labour laws by strengthening the capacity of the law enforcement agencies, particularly the labour inspectors and the police, to detect and investigate forced labour cases, including in the brick kilns, domestic sector, shipbreaking, fisheries industry and tea plantations. The Committee requests the Government to provide information on the measures taken in this regard, as well as statistical information on the cases of forced labour detected, the prosecutions initiated and the specific penalties imposed for such violations.

3. Vulnerable situation of migrant workers. The Committee notes that according to the UN Special Rapporteur, more than 500,000 workers leave Bangladesh for overseas employment, every year. Labour migration in Bangladesh is facilitated through a complex web of licensed agencies and intermediaries (dalals), which operate at district and village levels, connecting migrant workers with recruitment agencies. The Special Rapporteur states that the costs of migration for workers are high, which often lead to indebtedness and increased risks of trafficking in persons. The Special Rapporteur expresses concern at the continuing allegations of impunity on the part of recruitment agencies alleged to be involved in trafficking for purposes of forced labour and the limited monitoring of agencies, with related persistent allegations of corruption in relation to the police, the judiciary and government officials. The Committee also notes that the UN Special Rapporteur on the Human Rights of Migrants, in his report of May 2023, referred to serious cases of visa trading, which contributes to debt bondage, involving the illegal practice of obtaining visas from employers by dalals and other intermediaries. Moreover, competition among various recruitment agencies fuels the sale of visas at high costs and the exploitation of aspiring migrant workers (A/HRC/53/26/Add.3). The Committee requests the Government to take the necessary measures to prevent migrant workers from being trapped in conditions of work that amount to forced labour and to provide them with protection. It requests the Government to provide information on the measures taken in this regard, and in particular with a view to: (i) providing training and information to people seeking to migrate on regular and safe recruitment channels, labour rights and the risks of forced labour associated with migration; (ii) ensuring that migrant workers who are victims of trafficking receive assistance and protection for their rehabilitation on their return and facilitating their access to complaint mechanisms to assert their rights when they face exploitation and abusive practices; and (iii) monitoring the recruitment and placement agencies and ensuring effective investigations and prosecutions of all those involved in trafficking for purposes of forced labour.

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