Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report. The Committee has also taken note of the observations of 13 October 1993 by the Bangladesh Employers' Association.

1. Legal restrictions on termination of employment

In previous comments the Committee noted that under the Essential Services (Maintenance) Act, No. LIII of 1952, it is an offence punishable with imprisonment for up to one year for any person in employment of whatever nature under the central Government to terminate his employment without the consent of his employer, notwithstanding any express or implied term in his contract providing for termination by notice (sections 2, 3(1)(b) and explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions may be extended to other classes of employment. Persons to whom the Act applies may also be ordered, subject to penal sanctions, not to leave specified areas (sections 4, 5(c) and 7(1)). Similar provisions are contained in the Essential Services (Second) Ordinance, No. XLI of 1958 (sections 3, 4(a) and (b) and 5).

The Committee notes the Government's indication in its report that according to article 36 of the Constitution, all forms of forced labour, except (i) by persons undergoing lawful punishment for criminal offence or (ii) as required by any law for public purposes, are prohibited and any contravention thereof is punishable in accordance with law.

The Committee also notes that in its observations the Bangladesh Employers' Association considers that under the Essential Services (Second) Ordinance, 1958, the Government is empowered to declare certain classes of employment as essential for the maintenance of public order or for maintaining services necessary to the life of the community and this is permissible under Articles 9 and 10 of the Convention.

The Committee again refers to the explanations provided in paragraph 67 of its 1979 General Survey on the Abolition of Forced Labour, where it inidcated that workers may be prevented from leaving their employment in emergency situations within the meaning of Article 2, paragraph 2(d), of the Convention, i.e. any circumstances that would endanger the life, personal safety or health of the whole or part of the population. Restrictions under the essential services legislation referred to are not limited to such circumstances. The Committee has also pointed out in paragraph 116 of the same General Survey of 1979 that, even regarding employment in essential services whose interruption would endanger the existence or the well-being of the whole or part of the population, there is no basis in the Convention for depriving workers of the right to terminate their employment by giving notice of reasonable length. The Bangladesh Employers' Association has referred to Articles 9 and 10 of the Convention, which specify conditions and guarantees under which forced labour could, in certain exceptional circumstances, be exacted during the transitional period with a view to its complete suppression; aimed at phasing out certain colonial practices, these provisions provide no basis for turning a contractual relationship based on the will of the parties into service by compulsion of law.

The Government indicated in previous reports that voluntary termination of employment by giving notice had in actual practice never been restricted. The Committee expresses the hope that the necessary measures will be adopted to bring the Essential Services (Maintenance) Act, No. LIII of 1952, and the Essential Services (Second) Ordinance, No. XLI of 1958, into conformity with the Convention, and that the Government will indicate the action taken or contemplated.

2. Children in bondage

In previous comments the Committee referred to information brought before the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities at its Fourteenth Session, 1989, alleging that children of underprivileged classes were exploited, inter alia, as domestic workers in private houses, biri and tobacco factories and that the protective legislative and constitutional provisions were not implemented.

The Committee notes the Government's statement to the Conference Committee in 1990 that the Government had engaged in a massive task of nation building, including the improvement of the quality of life of underprivileged children. Thus a Trust, the "Pathakali Trust", a linking mechanism between Government and non-governmental private endeavours for the welfare of underprivileged children, had been established to provide opportunities for such children to receive shelter, education and health care and to acquire technical skills and employment on becoming adults. Around 130 local and international non-governmental organizations were providing assistance to children. The Government had introduced compulsory, universal free primary education and education up to grade 8 for rural girls, despite financial constraints. A major poverty alleviation programme for the landless poor had been initiated, providing underprivileged children and their parents with stable homes, thus improving their quality of life. The Government stated that measures helpful to the underprivileged children in the country should be accorded highest priority.

The Committee also notes that government, employers' and workers' representatives from Bangladesh participated in the Asian Regional Seminar on Children in Bondage (Pakistan, 23-26 November 1992). The participants in the seminar formulated and adopted a Programme of Action against Child Bondage. According to the programme the struggle against child bondage requires a firm political commitment - a clear and unambiguous declaration against bondage - a comprehensive national policy and programme of action covering legislative reforms, effective enforcement and a system of compulsory and free education, sustained by community mobilization and information campaigns.

The Committee hopes that the Government will provide information on the results achieved through the different initiatives mentioned by the Government; and on measures taken or envisaged, following the Regional Seminar, as concerns the situation of children in bondage, such as for instance, children working "unseen" as domestic servants. Referring also to Article 25 of the Convention, under which measures must be taken to ensure that penalties imposed by law are really adequate and strictly enforced, the Committee hopes that the Government will provide detailed information on inspections carried out, on proceedings brought and convictions made and on penalties imposed on the child labour exploiters.