Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. In its previous comments, the Committee had noted that sections 5(1) and 6(1) of the Suppression of Violence against Women and Children Act (hereinafter SVWCA) prohibit the sale and trafficking of women (irrespective of their age) and children for purposes of prostitution or immoral acts. It had noted that, by virtue of section 2(k) of the SVWCA, a “child” means a person under 14 years of age. It had observed, consequently, that the sale and trafficking of boys aged 14 years or above is not prohibited under the SVWCA.

The Committee notes the Government’s statement that the SVWCA was amended in 2003. By virtue of this amendment, the age of a “child” as defined in section 2(k) has been increased to 16 years. The Committee observes that the SVWCA, as amended in 2003, does not prohibit the sale and trafficking of boys between 16 and 18 years of age. In this regard, it once again reminds the Government that, by virtue of Article 3(a) of the Convention, the sale and trafficking of both boys and girls under 18 is prohibited and that, under Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency. The Committee accordingly requests the Government to take the necessary steps to amend the SVWCA in order to ensure that the sale and trafficking of all children under 18 years of age is prohibited.

Article 5. Monitoring mechanisms. The Committee had previously noted that the Anti-Trafficking Unit, established within the Ministry of Home Affairs, and the Criminal Investigation Department (CID) deal with child trafficking issues. It notes the Government’s information that the police and other law enforcement agencies, as well as local governmental organizations are involved in the fight against trafficking. It further notes that, according to the information available at the Office, although a lack of resources hinders investigations, Bangladesh has expanded anti-trafficking police units to every district to encourage victims to testify against traffickers and to compile data on trafficking. According to the same information, in response to inadequately trained police and prosecutors, the Government has worked with legal experts to provide specialized training to prosecutors and with the International Organization for Migration (IOM) to develop a trafficking course for the national police academy and for immigration officials. The Committee requests the Government to provide full information, including statistics, on the findings and activities of the police, the Anti-Child Trafficking Unit and the CID regarding cases of trafficking involving children under 18 years.

Article 6. Programmes of action to eliminate the worst forms of child labour. In its previous comments, the Committee had noted the International Trade Union Confederation’s (ITUC) indication that women and children are trafficked from Bangladesh to India, Pakistan and countries in the Middle East where they are forced to work as prostitutes, factory workers or camel jockeys. In particular, girls are lured into forced labour through promises of marriage and taken to cities such as Calcutta, Mumbai and Karachi where they are forced into prostitution. Boys are more likely to be taken to work as camel jockeys in the United Arab Emirates or other Gulf States. The Committee had also noted that the Government has adopted a number of programmes in order to raise people’s awareness and to prevent the trafficking of children. It had also noted that the two-year Subregional Programme to Combat the Trafficking in Children for Sexual and Exploitative Employment (TICSA) in Bangladesh, Nepal and Sri Lanka was renewed in 2002 and expanded to Pakistan, Thailand and Indonesia.

The Committee notes the Government’s statement that actually trafficking in children and women has emerged as an issue of major global concern, particularly in Asia. Several international events have called for immediate action to end trafficking. It notes the Government’s information that it has enacted different laws and adopted various developmental projects in collaboration with international agencies in order to prevent trafficking, especially through advocacy programmes, workshops and public awareness campaigns. It also notes that, according to the Government, the TICSA project in Bangladesh achieved considerable success in the field, especially in the advocacy and awareness-raising of people in the border areas. The Committee further notes the Government’s information that a National Plan of Action against the sexual abuse and exploitation of children, including trafficking, was adopted for the period 2001–06 (NPA 2006). Moreover, the Ministry of Home Affairs has adopted a project for preventing trafficking in children and women. The Committee finally notes the Government’s statement that the rate of trafficking in children and women has reduced considerably because of the measures adopted and the enforcement of the provisions of laws.

The Committee welcomes the measures adopted by the Government. However, it observes that, notwithstanding these measures, the trafficking of children for labour and sexual exploitation still remains an issue of concern in practice. The Committee encourages the Government to redouble its efforts to eliminate the trafficking of children under 18 years for labour and sexual exploitation and to provide information on progress made. It also requests the Government to provide information on the concrete results achieved under the TICSA (Phase II), the NPA 2006, and the project for preventing trafficking in children and women adopted by the Ministry of Home Affairs.

Article 7, paragraph 1. Penalties. The Committee had previously noted that section 6(1) of the SVWCA provides for sufficiently effective and dissuasive penalties of imprisonment and fines for the sale and trafficking of children. It notes the Government’s information that there are at least 33 tribunals where specials judges are appointed to deal with cases of trafficking. Severe punishments have had a deterrent effect in the matter. It also notes that, according to the information available at the Office, Bangladesh sustained efforts to punish traffickers in 2005, prosecuting 87 cases and convicting 36 traffickers. However, despite successes, public corruption is still widespread and the court system is slow. In addition, traffickers are often charged with lesser crimes such as crossing borders without proper documentation. While welcoming the Government’s efforts to punish perpetrators of trafficking, the Committee encourages the Government to redouble its efforts to ensure that persons who traffic in children are prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to provide information on the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (d). Identifying and reaching out to children at special risk. Child domestic workers. In its previous comments, the Committee had noted that, according to the World Confederation of Labour (WCL), child domestics worked in conditions that resemble servitude. It had noted the Government’s statement in reply to the comments made by the WCL, that forced labour is prohibited by virtue of article 34 of the Constitution and that child domestics were usually well-treated and were not subject to forced or bonded labour. The Government had also indicated that several programmes, such as the Time-bound programme (TBP) adopted in June 2004 by the Government and ILO/IPEC, were in progress to prevent and eliminate the worst forms of child labour, including domestic work. The Committee had nevertheless noted that, in Dhaka City alone, there were an estimated 300,000 child domestic workers. Moreover, according to the Government, some child domestic workers rarely have access to education and they do not get wages or proper food and clothing.

The Committee notes the Government’s information that the recent study conducted by the ILO in 2006 on the conditions of domestic servants in Bangladesh under the TBP reveals that more than 90 per cent of domestic servants expressed satisfaction with their jobs and employers and did not want to leave their jobs. Less than 10 per cent of domestic servants indicated that their employers did not behave well. Finally, a negligible percentage of domestic servants expressed that they were abused or punished for any mistake or loss. The Committee notes the Government’s statement that in Bangladesh child domestic workers cannot be considered as being involved in the worst forms of child labour. They are provided with food, shelter, medical facilities, and clothes, in addition to monthly wages. Besides, parents feel secure in keeping their children for domestic work in some houses. According to the Government, even if there are a very negligible number of cases where domestic servants are abused or are victims of corporal punishments, such cases cannot be generalized. The Committee takes due note of this information. It nevertheless considers that child domestic workers often fall prey to exploitation, which can take various forms, and that it is difficult to oversee their employment conditions because the work is illegal. It accordingly urges the Government to continue taking measures to protect child domestic workers from the worst forms of child labour.

The Committee is also addressing a request directly to the Government concerning other points.