Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Sale and trafficking of children. The Committee had previously noted that sections 5(1) and 6(1) of the Suppression of Violence against Women and Children Act (SVWCA) prohibit the sale and trafficking of women (irrespective of their age) and children for purposes of prostitution or immoral acts. Noting that, by virtue of section 2(k) of the SVWCA, as amended in 2003, a “child” means a person under 16 years of age, it had observed that the SVWCA did not prohibit the sale and trafficking of boys between 16 and 18 years of age. The Committee had noted the Government’s indication that it would 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.

The Committee notes from the Government’s report that no developments have been made so far with regard to the amendments to the SVWCA. It once again notes the Government’s indication that it will gradually take the necessary measures to amend the SVWCA in order to ensure that the sale and trafficking of all children under 18 years of age is prohibited. The Committee also observes that the provisions under the SVWCA cover only trafficking for sexual exploitation and do not prohibit the sale and trafficking of children, both boys and girls, for labour exploitation. It notes the information in a report of 14 June 2010 on trafficking of persons in Bangladesh, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report) that children, both boys and girls, are trafficked within Bangladesh for commercial sexual exploitation, bonded labour and forced labour. While some children are sold into bondage by their parents, some others are induced into labour or commercial sexual exploitation through fraud and coercion. The Committee once again reminds the Government that, under Article 3(a) of the Convention, the sale and trafficking of children under 18 years of age for labour or sexual exploitation is considered to be one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures must be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In this respect, the Committee once again requests the Government to take immediate steps to ensure that the amendments to the SVWCA, which would prohibit the sale and trafficking of both boys and girls under 18 years for labour and sexual exploitation, are adopted in the very near future. It also requests the Government to provide information on any progress made in this regard.

Clause (d). Hazardous work. Child domestic workers. The Committee had previously noted that, according to the World Confederation of Labour (WCL), child domestics worked in conditions that resembled servitude. It had also noted the Government’s reply 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 Committee had nevertheless noted that, according to the National Time-bound Programme Framework (TICSA-II, 2006) (TBP), child domestics constituted a high-risk group who were outside the normal reach of labour controls and were scattered and isolated within the households in which they work. This isolation, together with the children’s dependency on their employers, laid the ground for potential abuse and exploitation. The long hours, low or no wages, poor food, overwork and hazards implicit in the working conditions affected the children’s physical health.

The Committee notes the Government’s information that a guideline to protect child domestic workers from the worst forms of child labour is under preparation. The Committee notes that, in its concluding observations of 26 June 2009, the Committee on the Rights of the Child (CRC) expressed concern that girls engaged as child domestic workers are more vulnerable to violence and exploitation (CRC/C/BGD/CO/4, paragraph 82). The Committee also notes that, according to a survey by the ILO entitled “Baseline Survey on Child Domestic Labour in Bangladesh, 2006”, the number of child domestic workers in Bangladesh was estimated at 421,426, mostly girls, of which 147,943 were in Dhaka city alone and the rest in other urban and rural households. About 6 per cent of the child domestic workers were below the age of 8 years, 21 per cent below the age of 11 years and 74 per cent below the age of 17 years. The report further indicates that more than 99 per cent of the child domestics worked 7 days a week for exceedingly long hours, and more than 52 per cent of them did not receive any wages. The Committee expresses its deep concern at the number and situation of child domestic workers in the country. It reminds the Government that, pursuant to Article 3(d) of the Convention, work or employment in conditions that are hazardous are among the worst forms of child labour and are therefore to be eliminated as a matter of urgency, in accordance with Article 1. The Committee accordingly urges the Government to take the necessary measures, in law and in practice, to protect child domestic workers under 18 years of age from hazardous work. In this regard, it requests the Government to take the necessary measures to ensure that thorough investigations and robust prosecutions of persons who employ children under 18 years of age in hazardous domestic work are carried out and that sufficiently effective and dissuasive penalties are applied in practice. It further requests the Government to take the necessary measures to provide for the withdrawal of child domestic workers from hazardous work and for their rehabilitation and social integration.

Articles 5 and 7(1). Monitoring mechanisms and penalties. Law enforcement agencies. The Committee had previously noted that the police and other law enforcement agencies, as well as local governmental organizations, were involved in the fight against trafficking, and that the country had expanded anti-trafficking police units to every district to encourage victims to testify against traffickers and to compile data on trafficking. The Committee had further noted the Government’s information that it had taken measures to provide special training to prosecutors, and to develop a trafficking course for the national police academy and the immigration officials to combat trafficking in persons.

The Committee notes the Government’s information that it has initiated two projects, namely, the Community Based Working Child Protection Project (CBWCP) executed by the Ministry of Home Affairs, and the Actions for Combating Trafficking-in-Persons (ACT) executed by the International Organization for Migration (IOM) which aim to combat human trafficking, enhance preventive and protective measures, improve victim care and strengthen the Government’s capacity to prosecute trafficking and trafficking-related crimes. It also notes that, according to the Trafficking Report, in 2009, the National Police Academy provided anti-trafficking training to 2,875 police officers. Moreover, 12 police officers from the Trafficking in Human Beings Investigation Unit received training on investigation techniques. The report further states that the Ministry of Home Affairs’ Anti-trafficking Monitoring Cell collects data on trafficking arrests, prosecutions and rescues and coordinates and analyses local level information from regional anti-trafficking units. The Committee also notes the information contained in this report that during the period from 2008–09 there was some evidence of official complicity in human trafficking, as well as low-level government employees who were also complicit in trafficking. The report further indicates that politicians and regional gangs were also involved in human trafficking. In this regard, the Committee notes the information in a report on the worst forms of child labour in Bangladesh of 10 September 2009, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (WFCL Report), that from April 2008 to February 2009, 166 traffickers were arrested in Bangladesh, of which 18 were convicted. The Committee expresses its concern at allegations of complicity and cooperation of law enforcement officials and other government officials with human traffickers. The Committee therefore urges the Government to redouble its efforts to ensure that perpetrators of human trafficking and complicit officials are investigated and prosecuted and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, the Committee requests the Government to take the necessary measures to ensure that vigorous investigations and robust prosecutions of offenders are carried out, including by strengthening the role of the prosecutors, the police and the immigration officials. It requests the Government to provide information on the measures taken in this respect, and the results achieved, particularly the number of persons investigated, prosecuted, convicted and sentenced for cases involving victims under the age of 18.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that the CRC, in its concluding observations, expressed regret that data on the extent of the sale of children, child prostitution and child pornography and on the number of children involved in these activities was very limited, mainly due to the absence of a comprehensive data collection system (CRC/C/OPSC/BGD/CO/1, paragraph 6). The Committee notes the Government’s statement that the child labour surveys conducted in 1995–97 and 2001–03 indicated a reduction in child labour (of the age group of 5–14 years) from 18.3 per cent to 14.2 per cent, respectively. The Committee notes, however, that the CRC, in its concluding observations of 26 June 2009 (CRC/C/BGD/CO/4, paragraph 82), expressed concern at the continuing high incidence of child workers in five selected worst forms of child labour namely, welding, auto workshops, road transport, battery recharging and recycling, and work in tobacco factories. The CRC also expressed concern at the lack of enforcement mechanisms of specific laws to protect child workers, the absence of mechanisms to monitor the working conditions of child workers, insufficient awareness amongst the public of the negative effects of child labour and its worst forms, and the very limited data on the number of children affected. The Committee expresses its deep concern at the situation of children working in the abovementioned worst forms of child labour, and accordingly urges the Government to redouble its efforts to ensure in practice the protection of children from these worst forms. It also requests the Government to take the necessary measures to ensure that sufficient data on these worst forms of child labour, as well as child trafficking are made available. To the extent possible, all information provided should be disaggregated by sex and age.

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