Individual Case (CAS) - Discussion: 1998, Publication: 86th ILC session (1998)

A Government representative informed the Committee that Bangladesh was a small and poor country, its population being more than 120 million. The literacy rate for persons aged 15 and above, was only 35.3 per cent (1991), while the unemployment problem was very acute. The democratically elected Government had been trying very hard to take the appropriate steps in the production and service sectors for improving the overall condition of its working people. The Government was committed to removing discrepancies and irregularities in legislation and in practice.

He expressed his gratitude to the Committee for highlighting the legal restrictions on the termination of employment. In this context he mentioned that the Essential Services (Maintenance) Act, 1952, and the Essential Services (Second) Ordinance, 1958, were enacted long time ago, i.e., during the Pakistan period. Both pieces of legislations were in existence in Bangladesh but the practical application of the provisions were not generally in vogue. The National Labour Law Commission of 1992, formed on the basis of tripartism, had submitted a report. The report submitted by the Commission, including a draft Code was under study and review. The proposed Labour Code would be in conformity with the Conventions vis-à-vis the socio-economic realities of the country and the review committee would take care of the points raised.

Regarding the second point raised in the second paragraph on page 99 concerning termination of employment, there were 46 labour laws in the country, which contained sufficient protective measures. No worker was dismissed without benefit or notice. The Employment of Labour (Standing Orders) Act, 1965, protected the workers either in case of termination or dismissal. Dismissal from service was a lengthy process. Unless misconduct was established under sections 17 and 18 of the Employment of Labour (Standing Orders) Act, 1965, by an impartial committee, dismissal from service did not arise. A worker who was dismissed on the charge of misconduct had the right to appeal to the employer or could file a case against an employer in the Labour Court for judicial decision.

Concerning the point raised in the first and second paragraph on page 100 regarding the observation of the Convention in respect of children in bondage and child domestic workers, his Government was well aware of Convention No. 29. In Bangladesh, there was no forced or compulsory labour. Workers of all levels were at liberty to work or not to work. Labour laws were liberal to the workers and, as a result, employers faced problems when skilled workers left jobs without notice. Welfare of the workers and protection of rights of workers helped develop economic activities. Likewise, obeying rules and loyalty to industry were also equally important. Therefore, there should be a balance so that a sustainable economy could be established.

However, he indicated that the present Government was taking measures to review the Labour Code in the light of the present socio-economic conditions of the country, welfare of the working class, protection of rights and the interests of the employers so that the proposed Code served the purposes of the country. This was in conformity with the Conventions of the ILO.

Concerning the observations of the Committee of Experts in paragraph 4 on page 101, the words "bandha", "chhuta" and "pichchis" as mentioned in this paragraph needed careful examination. The word "bandha" did not mean "tied down" as mentioned. "Bandha" workers normally engaged in a household were "regular" or "permanent" workers. Such workers had every right to continue work or leave work at his/her will and could leave the house and accept a job in any other house. Only those families who were economically in better conditions could employ such "bandha" workers. In addition, women who were divorced, widowed or had no place to stay, accepted such work since those jobs provided food, shelter, clothing, etc.

The word "chhuta" did not mean "non-bound" as mentioned in the paragraph. They were temporary or part-time workers. Such workers came at a particular time to a house and after one/two hours of work, left the house. They then went to another house nearby for part-time work. This meant they could earn higher wages.

"Pichchis" meant small boys or girls. Generally, their parents had no house or could not feed them or, for security, kept them in some other household. They lived like one of the members of the family. Sometimes, the owner of the house sent them to school or "madrassa" (religious education institution) for education. Therefore, they could not come within the definition of bondage. Parents could at any time withdraw such "pichchis".

He underlined that it was important to realize why children worked as domestic workers, women worked as "bandha" workers and "pichchis" worked in houses. When food and shelter were the most important factors, these persons could not consider any other means of survival. His country was a labour-oriented country, most people were poor, the population was high and problems were of a different nature and multidimensional. Poor families having four/five children found no way but to keep their children in the houses of others for food, shelter and security. Poverty, the single largest contributor to child labour could not be removed immediately although the goal was the elimination of intolerable forms of child labour.

Therefore, he recalled that the main cause of child domestic workers was poverty. When economic activities accelerated and socio-economic development progressed, poverty would be progressively eliminated and child labour would disappear.

He urged the members of the Committee to understand these socio-economic conditions. His Government, international agencies, NGOs and voluntary organizations were working day and night at different levels and sectors for education, rehabilitation, eradication of poverty and the elimination of child labour. He hoped that his country would be able to reduce the problems to a considerable extent with the help and cooperation of international bodies.

He recalled that his Government was seriously discouraging child labour. The labour laws, especially the Factories Act, 1965, the Shops and Establishments Act, 1965, the Tea Plantation Labour Ordinance, 1962, the Road Transport Workers' Ordinance, 1961, etc. strictly prohibited child labour in the organized sector and provisions of punishment were envisaged in the respective labour laws. Therefore, there was no child labour in the organized sector.

He recalled that there were 2,642 garment factories in the country of differing size and more than 1 million workers were engaged in that industry, of which 80 per cent were female. At the initial stage, there were child labourers in garment factories. But after public awareness and the Memorandum of Understanding (MOU) signed with the ILO/IPEC, there were a number of projects (nearly 50) which existed in different parts of the country for the elimination of child labour and, as a result, public awareness was raised and child labour was being reduced.

The Bangladesh Garment Manufacturers' and Exporters' Association (BGMEA) signed another MOU with UNICEF and the ILO. Implementation of the MOU showed almost a 100 per cent elimination of child labour from garment factories. Under the MOU, a team had been formed taking members from the ILO, UNICEF and government inspectors. The team regularly visited and inspected garment factories, detected child labour and withdrew them from those workplaces. The team could take the child worker to school for education. The child worker who was withdrawn was given 30 taka per day and was provided with free education.

Referring to paragraphs 3, 4 and 5 on page 102 where physical abuse was mentioned, he stated that the present Government had the full political will to work towards the elimination of child labour as well as to take serious action against those who abused children and victimized them. A number of male and female family members had been arrested, cases filed in different courts and punishments were being given. As a result, people were careful about the abuse of child workers.

Referring to paragraph 3 of the observation of the Committee of Experts concerning trafficking, he declared that the Ministry of Women and Children's Affairs, in collaboration with the ILO/IPEC and UNICEF, agreed in 1997 to implement a country-wide programme on the trafficking of children and women. Continuous programmes were undertaken by organizing seminars, workshops, conferences, etc. in order to make people aware of the problem of trafficking, and the measures being taken to prevent it.

Without awareness, the eradication of poverty and serious penal action, trafficking could not be prevented. His Government was alert to this matter and action was being taken. In the ninth SARC summit held in May of last year, the Prime Minister, Sheikh Hasina, proposed a convention on combating crimes of trafficking women and children. A draft convention had since been submitted by Bangladesh for consideration by the member States.

Bangladesh had recently established a special cell under the Ministry of Home Affairs to intensify the Government's fight against trafficking of women and children. Action of the Government created a sustainable improvement in this field. In addition, voluntary organizations, NGOs and trade unions were also active in the matter and some important gang members had been arrested.

Referring to the paragraph of the report regarding non-payment of wages, forced overtime, non-holidays on Friday, etc., he clarified that there were remedies under the labour laws in the country.

There were 2,642 garment factories and 142 registered trade unions in such factories. There were at least three federations. Under the Industrial Relations Ordinance, 1969, registered trade unions had every right to collective bargaining under sections 26, 27, 30, 32, 34, etc. and accordingly they could solve problems. If direct dialogue with the management failed within ten days of raising demands, tripartite discussion, i.e. conciliation measures, could be taken. Conciliators, appointed by the Government, played roles to solve the problems through conciliation proceedings. Unions had every right under the law to declare a strike following the provisions. For the enforcement of rights guaranteed or secured to them, they could go to the labour courts for solution of the problems concerning wages, overtime, holiday, etc.

Besides, the government factory inspectors were there to inspect the factories, advise the management and file court cases against violators. The Labour Court conferred punishment or gave decisions as it deemed fit. Therefore, the trade union's allegation of non-payment of wages, non-holidays and compulsory overtime were not founded on facts.

Finally, he appealed to the Chairman and the members of the Committee of Experts to realize the problems and conditions of his country and to allow them time to improve the situation as they had full regard for the obligation to comply with the Conventions and ideals of the International Labour Organization.

The Employers' members recalled that at least three of the four points raised were well known in that they had been regularly the subject of comments by the Committee of Experts and had been discussed by this Committee in 1990. The legal restrictions on termination of employment for any person employed by the central Government, which was based on an unchanged pre-independence Act of 1952, were a clear violation of the Convention. The Government representative had referred to the protection from dismissal that these persons benefited from, but that was unrelated because one could not compensate a violation of the standards against forced labour by such a provision. For many years, the Government had been stating that it would take measures in this regard, but that the economic situation was preventing it from doing so. It must be required once again to take these measures that no difficult economic situation could justify. The second point concerned child domestic workers in bondage. The Committee of Experts referred to information brought before the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities regarding children of underprivileged classes exploited as domestic workers in private houses and factories. If the protective legislation was not applied the Government's responsibility was put in doubt because Article 25 of the Convention required that effective penalties be enforced. The Government referred to the Memorandum of Understanding signed with IPEC and to projects implemented in this context. However, the United Nations Committee on the Rights of the Child had expressed its concern about the large number of children who worked, including in rural areas, as domestic servants as well as in other areas of the informal sector, in hazardous and harmful conditions, and who were often vulnerable to sexual abuse and exploitation. The World Confederation of Labour (WCL) had communicated a report concerning the various forms of domestic child work characterized by complete subordination, vaguely defined working hours and poor remuneration which amounted to forms of forced labour which had to be prevented. They referred to the Government representative's statement that domestic child labour of disadvantaged children could be seen more positively in that it at least permitted them to eat and to be sheltered in a situation of extreme poverty. If this were the case, the Government should then ensure that this type of work was performed under acceptable conditions and it should communicate detailed information on the measures taken in this regard in its next report. Concerning trafficking of women and children for prostitution, they recalled that the Government representative had stated that measures had been taken, namely preventive and educational campaigns, and that penalties were envisaged to put an end to it. They stated that United Nations' reports contained information regarding the extent of the problem which raised concern, and that the Government should therefore redouble its efforts to end the problem without failing to identify and punish those responsible. A fourth and new point concerned the situation in the garment industry. The Government had not had a chance to respond to the allegations brought by the WCL and the Committee therefore could not take a position on them at this stage. Regarding all the other points, they considered that the Government should amend its legislation and that it should increase its efforts to bring the law and, in particular, the practice into conformity with the requirements of the Convention.

The Workers' members thanked the Government representative for replying to the requests for information and recalled that the case had last been discussed in 1990. Some of the same issues raised by the Committee of Experts this year had been discussed by the Conference Committee on that occasion. In the current report, four issues were raised: legal restrictions on termination of employment; children in bondage, and particularly child domestic workers; the trafficking of women and children; and allegations concerning the situation in the garment industry.

The concerns of the Committee of Experts regarding legislative restrictions on persons employed in any capacity by the central Government to terminate their employment centred on the Essential Services Act, 1952 and the Essential Services Ordinance, 1958, which made it an offence punishable with imprisonment of up to one year for any person employed by the central Government to terminate his or her employment without the consent of his or her employer. The Government continued to maintain that other legislation, specifically the Factory Act, the Payment of Wages Act, and the Shops and Establishment Act, provided sufficient protection. But the Committee of Experts had pointed out, as had the Employers' members, that these provisions tended to protect workers who were dismissed and did not address the case of workers who, on their own initiative, wished to leave their employment. This aspect of the application of the Convention had been discussed by the Conference Committee in 1990, when the Government had stated that the repeal of the 1952 Act was under consideration. Now, eight years later, the Government was still saying that it was examining the legislation in question. The issues raised by the Committee of Experts seemed to the Workers' members to be quite clear and straightforward. They did not find the Government's response to be convincing and therefore wished to know when the Government would heed the advice of the experts and amend the laws to bring them into conformity with the Convention.

The Workers' members emphasized that the issue of child domestic workers was a very complex problem with a long history. In previous comments, the Committee of Experts had referred to information brought before the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on the Prevention of Discrimination and Protection of Minorities, alleging that poor children were exploited in various ways, including as domestic workers in private houses, and that constitutional and legislative protections were not being implemented. The Committee of Experts had requested the Government to provide detailed information on the inspections carried out, the proceedings brought, the convictions secured and on the penalties imposed on those who exploited child labour. In response, in its latest report to the experts, the Government had denied that there was any bonded labour in the country. This denial was repeated by the Government representative today. Such denials contradicted the conclusion of the United Nations Committee on the Rights of the Child, in which it expressed concern about the "large numbers of children who are working, including in rural areas, as domestic servants as well as in other areas of the informal sector". The Committee of Experts had added that many such children were vulnerable to sexual abuse and exploitation. The Committee of Experts had noted a report forwarded to the Government for comment at the end of 1997 entitled Child domestic workers: Is servitude the only option? The report emphasized that live-in child domestic workers, usually between 8-16 years of age and predominantly female, were on call to perform a multiplicity of labour-intensive tasks, with endless working hours under the total control of their employers. The names given to these categories of workers are very revealing. For example, one category of domestic workers are called "bandha" which means "tied down" and another are called "pichchis" or "tiny ones". While appreciating the explanations provided by the Government representative -- in view of the vulnerability of children in such situations and the potential impact on the rest on their lives -- the Workers' members strongly supported the request by the Committee of Experts that the Government take strong and effective measures to eradicate the forced labour of children as domestic servants. The third aspect raised by the Committee of Experts related to the trafficking of women and children, mostly for prostitution. Quite disturbingly the Government had conceded in its report to the Committee of Experts that the problem was getting worse and that some 200,000 women and children had been trafficked to the Middle East in the past 20 years. Other sources indicated that between 200-400 women and children were being smuggled out of the country every month, mostly to Pakistan. The Government had stated that it was taking measures to prevent such trafficking including the strengthening of border posts, but that well-organized gangs involved in trafficking had links with law enforcement agencies, which explained why only a very small percentage of the traffickers were caught and why few victims were recovered. The Workers' members considered this explanation to be insufficient given the lack of results in relation to such an insidious problem. At the least, the Government needed to find the political will to discipline every member of the police found to be involved in trafficking in any way. They fully supported the insistence by the Committee of Experts, that the penalties imposed by law should be adequate and strictly enforced. They therefore called for the Government to provide more information on this matter, and particularly on the number of those convicted, the penalties imposed and other clarifications.

The fourth issue concerned the situation in the garment industry, which employs over 1 million workers, mostly women and children. Very serious allegations had been made about the working conditions in the industry, such as that the legal minimum wage was rarely paid, that forced overtime was commonplace but was compensated below the legal rate, that the right of a worker for a legal holiday on Friday was ignored by employers, that workers who demanded it were dismissed and, finally, that workers could go months on end without receiving any salary. Detailed comments on these allegations were needed from the Government. The statement of the Government representative had been a beginning and they hoped that the Government would provide a detailed report to the Committee of Experts. Although it was not easy to know the true situation, useful information had been contained in the Annual Survey of Violations of Trade Union Rights, released a few days ago by the ICFTU. The Survey included information on one industrial area outside Dhaka where 30,000 workers were employed by subcontractors in the garment industry, most of whom worked 20 hours a day, seven days a week for very low wages. Furthermore, a growing number of garment factories were located in export processing zones (EPZs), in which unions were banned, despite Bangladesh's ratification of Convention No. 87 in 1972. The Workers' members cited a Bangladesh Export Processing Zone Authority advertisement entitled "For optimum profit, invest in EPZs of Bangladesh". The list of incentives for investors included the following phrase "Bangladesh offers most inexpensive but productive labour force. The law forbids formation of labour unions in the zones and strikes are illegal." In this connection, the Workers' members submitted to the Government representative that the best way to end forced labour conditions in the garment industry was to allow workers to represent themselves collectively, especially in EPZs, in compliance with the Government's obligations under Convention No. 87. In conclusion, the Workers' members emphasized that there appeared to be little improvement in the application of the Convention since the case had last been discussed eight years ago. They therefore called on the Government to increase its efforts dramatically to eliminate forced labour and report to the Committee of Experts before its next meeting at the end of the year on the measures taken and their impact in addressing the problem.

The Worker member of Bangladesh stated that, rather than bonded domestic workers, there were permanent or temporary domestic workers. The permanent workers were employed and paid on a monthly or yearly basis, while the temporary workers earned a daily wage and were free to leave their job at any time. There was also the category of chhuta workers, who worked in different houses and could even work in three or four such houses in one day. He emphasized that, after a 21-year period of autocratic rule, the country had achieved a democratic government only two years ago. The present Government was keen to protect the interests of workers, including full freedom of association. A tripartite commission had been set up to examine the issue of labour law reform and had submitted its conclusions recently. It was expected that some amendments would be required to the labour legislation. With regard to the issue of the trafficking of women and children, he stressed that a special unit had been set up by the Government to take serious action against traffickers. Warrants had been issued for the arrest of some of them and certain traffickers had already been put in prison. The matter had been publicized through the newspapers to encourage the public to come forward and identify those responsible. He added that the Government, together with the employers and trade unions in the country, was unanimous on the need to eradicate child labour. A number of projects had been implemented in cooperation with international organizations and he was pleased to be able to say that almost all the provisions of the Minimum Age Convention, 1973 (No. 138), were already implemented in the country and it was hoped that it would be possible to ratify that Convention in the near future.

The Worker member of Swaziland regretted that, according to the information provided by the Government representative, it would appear that no progress at all had been made in the application of the Convention. The Government representative had repeated the same story as on previous occasions. The Convention sought to address the freedom of individuals to terminate their own jobs when they so wished. The references made by the Government representative to protection against dismissal were therefore not relevant. Children were maintained in bondage in the country, in flagrant violation of the Convention, and were subject to ill-treatment, including chemical hazards, sexual abuse and exploitation. He reaffirmed that child labour was immoral, unjust and unacceptable and should therefore be eradicated in all its forms. In particular, bonded child workers did not benefit from any protection at all and had to be available to work 24 hours a day all year round. Any pay that they received tended to take the form of food, shelter or clothing, depending on the socio-economic status of the family to which they were hostage. He added that the trafficking of young children and women for the purposes of prostitution was inhumane and needed to be condemned in the severest terms. On the subject of the women and children engaged in forced labour in the garment industry, he described the very harsh conditions under which they worked, which included the obligation to carry out overtime and the inability to enjoy the traditional rest day on Fridays. According to the ICFTU survey of the country, the employers and the authorities conspired not to register trade unions. The right to organize was frustrated and the right to establish unions was refused for many categories. The registrar of trade unions also exercised broad powers to interfere in the internal affairs of trade unions and to dissolve them. Employers frequently refused to allow unions in their enterprises, as illustrated by the case of the President of the Bangladesh Employers' Association, in whose enterprise workers who had proposed the establishment of a union had been physically maltreated, with the result that some of them had died. All of these practices were unacceptable and needed to be condemned in the strongest terms.

The Worker member of Japan, agreed with the Workers' members and Employers' members, in insisting on the cardinal importance for the Government to meet its obligations under the Convention. Outlawing forced labour irrespective of the prevailing economic conditions had universal value. This Convention was ratified back in 1972 and no improvement had been noted since the last discussion in this Committee in 1990. He stated that he was obliged to note that the Government did not always meet its obligations. The situation of children in bondage denounced by the United Nations Committee on the Rights of the Child was particularly dreadful. He noted however that the Government continued to deny even the existence of children in bonded labour. The Committee was obliged to require the Government to quickly rectify the situation and to take concrete measures to this end.

The Worker member of the United Kingdom wished to comment on the problem of child labour in the garment industry. He believed that the matter was not entirely related to inadequate development or poverty but also to oppression and exploitation. He observed that the Bangladeshi garment industry had been promoted by the Government over the past two decades with its knowledge that the industry's boom had been achieved through the exploitation of children. He referred to practices in the industry of hiring the children of female workers, ignoring the national minimum wage with respect to both adults and children, and the taking of harsh disciplinary action against child labours. He explained that the Government now removed children from factories when cases were exposed, confirming that children continued to be employed in the industry. Steps had been taken in Bangladesh to improve the situation when condemnation arose as a result of exposés by the International Trade Union Movement and the withdrawal of contracts by western retailers. Sanctions of this kind appeared to have been more effective than moral or political arguments. Thousands of children continued to work in conditions akin to forced labour while thousands of adults continued to seek employment. The Government could not sustain any economic or moral argument for not applying the terms of Convention No. 29. The apparent willingness of the Government to allow continuation of the situation could only continue to be condemned. The Bangladeshi garment industry must take the necessary action to correct and prevent the current situation.

The Worker member of Pakistan emphasized that Bangladesh was a major nation with brotherly relations with Pakistan. He therefore associated himself with the hope that the social and economic situation of its people would improve. In this context, it was the duty of the Government to bring its law and practice into conformity with a Convention that set out fundamental rights. As noted by the Committee of Experts, bonded labour by children existed in the country in a number of areas, including domestic work and the garment industry. Women and children were also subject to trafficking for the purposes of prostitution. Great efforts needed to be made to eradicate these practices, not only through the enforcement of laws, but also through the allocation of greater resources to education and social and economic development in order to combat poverty. It was a social obligation to raise the population of the country out of its social and economic suffering. He therefore welcomed the projects on child labour undertaken in cooperation with IPEC and hoped that further ILO assistance would be provided to overcome these problems. He urged the Government to take urgent measures on all the points raised by the Committee of Experts.

The Government representative said that he had listened carefully to the points raised by the various members of the Committee and believed that in his first intervention he had replied to many of their questions. He emphasized that the democratically-elected Government had only come to power two years ago and that, although very many measures had been taken, it was not possible to solve all the problems of the country in such a short period. There could be no doubt that the Government did indeed have the intention of taking the appropriate measures and he appreciated the suggestions that had been made for the adoption of strict measures for the elimination of child labour. With regard to the registration of trade unions, the comments made by the Worker member of Swaziland bore no relation to reality. If any problems arose in the registration process, trade unions had every right to appeal to the courts, which could enforce their decisions. The power of the registrar to visit trade union premises was designed to ensure that they were fulfilling their functions, for example, with regard to the use of trade union dues. On the question of the laws which gave effect to the Convention, he pointed out that they had been enacted many years ago and that changes would be required to adapt them to the current social and economic conditions. With reference to the comments that had been made concerning the application of labour legislation in EPZs, he noted that such zones had been established as temporary measures, as in many other countries. The workers in EPZs could form their own associations and could bargain, even though they could not register their associations. In practice, workers in EPZs enjoyed better facilities and conditions than other workers. Indeed, experience showed that they made very few complaints about such matters as discrimination or the non-payment of wages. EPZs were a temporary measure designed to improve employment opportunities. They served as an inducement to investors to establish enterprises, which would ultimately have the effect of improving social and economic conditions in the country. In conclusion, he assured the members of the Committee that all the matters which had been raised would be communicated to the Government so that they could be taken into account in the new legislation that was being formulated.

The Committee took note of the information supplied by the Government representative and of the discussion which ensued. The Committee noted the information supplied concerning a legislative review, but regretted that there had been very little improvement in the situation of compliance, in law and in practice, with the provisions of this Convention in the areas singled out by the Committee of Experts for many years, namely the legislative restriction on civil servants employed in essential services from leaving their employment; the bondage situation of child domestic workers; and the trafficking of women and children mostly for prostitution. The Committee hoped that the Government would report in detail on the allegations concerning the situation in the garment industry. The Committee remained deeply concerned at the magnitude and seriousness of the situation. It noted the Government's explanation concerning various measures already undertaken, or in the process of being instigated, and hoped that further details would be provided in the next report to the Committee of Experts. The Committee noted that the Government representative had highlighted the problems of eliminating these scourges and stressed its commitment to eliminating exploitation of children and of women workers through its cooperation with such programmes as IPEC. In this regard, the Committee urged the Government to take, without delay, all the necessary measures to bring the law and practice into conformity with the Convention. It also urged the Government to report in detail to the Committee of Experts so that it would be in a position to note that concrete progress in law as well as in practice had been achieved in the application of this Convention.

Individual Case (CAS) - Discussion: 1990, Publication: 77th ILC session (1990)

A Government representative stated that the report of 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, had rightly not mentioned any situation of debt-bondage concerning child labour in Bangladesh. The allegations contained in the report of the South Asian Seminar on Child Servitude in relation to Bangladesh were misconceived, distorted and did not reflect reality. The issue of "bonded labour" belonged to the past, when the country had been under colonial rule and vested interest-groups had held sway. The Land Tenancy Act, enacted in 1954, had abolished the feudal system. Since then, the exploitative relationship of bonded labour had also disappeared. The society of Bangladesh was homogeneous and egalitarian. The coming of independence in 1971 had brought about tremendous changes. Article 34(I) of the Constitution of Bangladesh prohibited all forms of forced labour and any contravention of this provision was an offence punishable in accordance with law. Consistent with the laws of Bangladesh, there was no known incidence of bonded labour in the country. His Government had been engaged in a massive task of nation building, including the improvement of the quality of life of underprivileged children. He gave the following examples: the Government had created the "Pathakali Trust" to see to the welfare of underprivileged children. This Trust provided opportunities for such children to receive shelter, education and health care and to acquire technical skills and employment when they became adults. Technical education formed a very important part of the curriculum for underprivileged children. The Trust was a linking mechanism between the Government and non-governmental private endeavours for the welfare of underprivileged children. It had heralded a new dawn of hope for the underprivileged children of Bangladesh and had received wide commendation from the international community as well as from the United Nations. In addition, the Government had introduced compulsory universal free primary education and education up to eighth grade for rural girls, despite severe financial constraints, thus demonstrating its genuine commitment to the welfare of children in general and the underprivileged in particular. His Government also had a very liberal policy towards both local and international non-governmental organisations, as many as 130 of which were operating in Bangladesh to cater to the needs of the children. Those organisations provided assistance in the form of education, skills development, cash grants, tools and equipment and even employment services to place the children, when they became adults, in gainful employment. Finally, a major exercise in poverty alleviation had been initiated by his Government in the form of "operation Thikana" for the landless poor in rural Bangladesh. That programme provided underprivileged children and their parents with stable homes, thus improving their quality of life. All those actions clearly reflected the concern of the Government to improve the quality of life of underprivileged children and showed that the allegations of the South Asian Seminar mentioned above were without foundation. Regarding essential services legislation, since the 1952 Essential Services (Maintenance) Act was not in operation, the legal restriction on termination of employment did not apply. The suggestion by the Committee of Experts that the 1952 Act be repealed was under consideration by the Government. The 1958 Essential Services (Second) Ordinance, however, did not preclude the right of workers to give notice of termination of employment. As had previously been reported by the Government, the provisions of the 1958 Ordinance were invoked sparingly and on a temporary basis to keep essential social services in operation for the benefit of the whole or part of the population.

The Workers' members recognised the problems faced by poor people in rural areas and understood their temptation to sell children into bondage either in repayment of debt or even to provide them with a living. The Government representative had explained that laws existed to prevent such practices, but perhaps he had been too complacent in dismissing the allegations made by the South Asian Seminar and in stating that no child bondage existed in Bangladesh. There would surely continue to be some form of exploitation as long as poverty existed. The further work undertaken by the Government in establishing programmes for underprivileged children, in particular educational programmes, was a positive step. It was doubtful whether developing countries had the machinery required to investigate all circumstances and it was therefore important to have as much information as possible. In that context, they drew attention to a proposal by the Anti-Slavery Society, referred to in the report of the UN Working Group on Contemporary Forms of Slavery, that the ILO should organise a tripartite seminar on child servitude in South Asia, where workers' and employers' groups could contribute the information available to them.

The Employers' members thanked the Government representative for the information he had provided. Despite the Government representative's assertion to the contrary, it did not appear entirely clear that bonded labour no longer existed in Bangladesh in view of the country's location and its relationship with two other countries where bonded labour still appeared to exist, and also the findings of the 1989 South Asian Seminar on Child Servitude. The Government representative had highlighted the 1954 Land Tenancy Act which had abolished feudalism and the constitutional provision that prohibited forced labour. He had not, however, discussed the availability of relevant penal sanctions. It was important to know whether there were such sanctions against bonded labour and legal means for the individual to seek relief in the courts; it was essential to know how the legislation was implemented in practice. A clear way of resolving the problem of bonded labour would be to enact a statute specifically addressed to the problem and to implement it in practice. Concerning legal restrictions and termination of employment, the clearest way of ensuring compliance with this Convention would be to repeat the Essential Services (Maintenance) Act of 1952 so that there would be no more ambiguity as to whether or not a person could terminate his or her employment. Moreover, the fact that the Essential Services (Second) Ordinance of 1958 was invoked sparingly did not mean that it was in compliance with the Convention; it would be of interest to know in what circumstances that Ordinance was in fact implemented.

The representative of the Secretary-General noted that the Office provided information to the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, and also was represented at meetings of the Working Group. Preliminary discussions were taking place between the ILO and UNICEF with a view to holding a meeting or a seminar on child labour. The present Committee would of course be kept informed of any new developments.

The Government representative stated that there was continued poverty in the country. Despite administrative, financial and legislative limitations, his Government had initiated some far-reaching programmes to bring relief to families living in abject poverty by providing them with food and shelter, and with education for their children. As society developed, the need for labour legislation would increase. At present, however, measures helpful to the underprivileged children in the country should be accorded the highest priority. A much-needed mechanism had been established to co-ordinate the activities of non-governmental organisations and it was to be hoped that, in the coming years, the services and resources of non-governmental organisations would be utilised to alleviate the problems faced by underprivileged children. In its previous report, his Government had indicated the number of occasions on which the Essential Services (Second) Ordinance of 1958 had been used to prohibit workers in establishments with essential services, like electricity, from going on strike. Notwithstanding such a prohibition, any worker could serve notice on an employer and thus terminate his employment, the period of notice being prescribed by law.

A Workers' member of Pakistan welcomed the programmes initiated in favour of underpriviliged children but stressed that the constitutional guarantees referred to by the Government representative should be put into practice through legislative provisions dealing with bonded labour and penalties imposed on employers abusing child labour.

A Workers' member of France asked for further information on the re-examination of the Essential Services (Second) Ordinance of 1958 and on the cases in which it was applied. In a country faced with incredible difficulties, the Government of Bangladesh not only had to strive to improve the lot of the population, but also to re-examine medieval practices both with respect to child labour and to conditions of employment. If assistance programmes were to be developed, possibly with the help of the ILO, the starting-point and the intentions of the Government should first be made clear.

The Government representative stated that his country would welcome any ILO technical assistance in the area in question and would be happy to host a properly prepared tripartite seminar.

The Committee noted with interest the detailed information communicated by the Government representative. It recalled its former stand on the seriousness of any form of child labour in general. Based on those viewpoints and recognising the measures taken by the Government in that respect, it suggested that the Government might find it appropriate to ask the ILO for support in organising seminars and amending legislation with a view to the complete abolition of child labour in legislation and practice. It hoped that the Government would supply further information to the supervisory bodies of the ILO on the substance of the matter in its further reports.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. Over a number of years, the Committee has been referring to the Essential Services (Maintenance) Act, No. LIII of 1952, under which termination of employment by any person employed by the central Government, without the consent of the employer, is punishable with imprisonment for up to one year, notwithstanding any express or implied term in the contract of employment providing that the employee may freely terminate his or her employment with notice (sections 3, 5(1)(b) and Explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the central Government and to any employment or class of employment declared by the Government to be an essential service. The Committee also referred to the Essential Services (Second) Ordinance No. XLI, 1958, which contains similar provisions (sections 3, 4(a) and (b) and 5).

The Committee points out, once again, referring also to the explanations contained in paragraphs 96 and 97 of its 2007 General Survey on the eradication of forced labour, that even regarding employment in essential services whose interruption would endanger the existence or well-being of the whole or part of the population, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention.

The Committee notes the Government’s statement in its report that the Essential Services (Maintenance) Act No. LIII, 1952, has not yet been repealed, but has become redundant and its provisions are no longer applied in practice. As regards the Essential Services (Second) Ordinance, No. XLI of 1958, the Government indicates again that it is still in force and is not listed among the existing legislative texts to be repealed in the course of the labour legislation reform.

While noting the Government’s repeated statement that it is in favour of the freedom of workers to terminate their employment by way of notice of reasonable length, the Committee expresses the firm hope that the necessary measures will at last be taken to formally repeal the Essential Services (Maintenance) Act No. LIII, 1952, and to repeal or amend the Essential Services (Second) Ordinance No. XLI, 1958, in order to bring legislation into conformity with the Convention, and that the Government will soon be in a position to report the progress made in this regard.

Articles 1(1), 2(1) and 25. Trafficking in persons. Law enforcement. The Committee notes the information provided by the Government concerning various measures taken by different ministries, human rights organizations and law enforcement agencies to combat trafficking in persons for the purpose of exploitation, including awareness raising and prevention measures. The Government states that, due to these measures, and particularly due to the activities of law enforcement agencies, the problem has been considerably reduced. The Committee also notes statistical information concerning the number of investigations and convictions during the reporting period.

The Committee hopes that the Government will continue to provide information on the progress achieved in the implementation of the various action programmes against trafficking and will pursue its efforts to strengthen the law enforcement mechanism. Please continue to supply information on the number of trafficking offences reported, the number of prosecutions initiated and the number of convictions obtained, indicating the penalties imposed.

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

Article 1(1) and 2(1) of the Convention. 1. Restrictions on freedom of workers to terminate employment. In its earlier comments, the Committee referred to the Essential Services (Maintenance) Act No. LIII, 1952, under which termination of employment by any person employed by the central Government without the consent of the employer is punishable with imprisonment for up to one year, notwithstanding any express or implied term in the contract of employment providing that the employee may freely, and with notice, terminate his or her employment (sections 3, 5(1)(b) and explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the central Government and to any employment or class of employment declared by the Government to be an essential service. The Committee also referred to the Essential Services (Second) Ordinance No. XLI, 1958, which contains similar provisions (sections 3, 4(a) and (b) and 5). The Committee pointed out that, even regarding employment in essential services whose interruption would endanger the existence or well-being of the whole or part of the population, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention.

The Committee notes the Government’s statement in its report that the Essential Services (Maintenance) Act No. LIII, 1952, has not yet been repealed, but its provisions are no longer applied in practice. As regards the Essential Services (Second) Ordinance No. XLI, 1958, the Government indicates that it is still in force and is not listed among the existing legislative texts to be repealed in the course of the labour legislation reform.

While noting the Government’s statement that it is in favour of the freedom of workers to terminate their employment by way of notice of reasonable length, the Committee trusts that the necessary measures will be taken to formally repeal the Essential Services (Maintenance) Act No. LIII, 1952, and to repeal or amend the Essential Services (Second) Ordinance No. XLI, 1958, in order to bring legislation into conformity with the Convention, and that the Government will soon be in a position to report the progress made in this regard.

2. Trafficking in persons. The Committee previously noted the Government’s indications concerning various programmes aiming at combating trafficking in persons for the purpose of exploitation, which include awareness-raising and prevention measures. The Government states, in its latest report, that the existing programmes and activities have improved the situation. The Committee would appreciate it if the Government would describe such programmes in more detail and communicate copies of any relevant reports, articles, etc., as well as any other information concerning awareness-raising and prevention measures. Please also continue to provide information on the progress achieved in the implementation of the multisectoral action programme against trafficking and on the progress of the Law Commission set up to review existing laws and enact new ones to safeguard women’s rights and to prevent violence against women including trafficking.

Article 25. Law enforcement. The Committee recalls that, under this Article of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation of any ratifying State to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee refers to its earlier comments and notes also the Government’s statements in the report that the police, the other law enforcement agencies and concerned officers, including local government organizations, are involved actively in fighting against trafficking in persons. The Committee urges the Government to pursue its efforts to strengthen the law enforcement mechanism and requests the Government to supply information on the number of trafficking offences reported, the number of prosecutions initiated and the number of convictions obtained, indicating the penalties imposed.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Forced child labour and trafficking of children. In its earlier comments the Committee raised its concern about the large number of children who are working, including in rural areas, as domestic servants as well as in other areas of the informal sector, often in hazardous and harmful conditions, and in conditions that resemble servitude. The Committee urged the Government to examine the situation of child domestic workers in light of the Convention, to communicate all information on the working conditions of child domestic workers and on the modalities of their employment, as well as on all measures taken or envisaged to protect such children from forced labour. The Committee also expressed its concern about the alarming increase of child trafficking from Bangladesh, primarily to India, Pakistan and certain other countries, largely for purposes of forced prostitution, although in some cases for labour servitude, and asked the Government to provide information on measures to prevent child trafficking and to combat it.

The Committee has noted the Government’s reply to its previous observation on the subject, as well as the communication received in September 2002 from the International Confederation of Free Trade Unions (ICFTU) concerning the issue of trafficking. It notes that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and has already sent its first report on the application of that Convention. In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the issues of trafficking of children and forced labour of children working as domestics can be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

Trafficking in persons. The Committee previously noted that the Ministry of Women and Children Affairs, in collaboration with the ILO-IPEC and UNICEF, had adopted a countrywide programme on the prevention of trafficking of women and children. It also noted the adoption of the Supervision of Violence Against Women and Children Act, 2000, which repealed the Oppression of Women and Children (Special Provisions) Act of 1995.

In its latest report, the Government indicates that continuous programmes are being adopted by organizing seminars, workshops, conferences, etc., in order to make people aware of the problem of trafficking and measures to be taken to prevent it, and that radio, television and newspapers publish news and articles with current information to increase awareness of the people. The Committee requests the Government to describe such programmes in more detail and communicate copies of any relevant reports, articles, etc., as well as any other information concerning awareness-raising and prevention measures.

Law enforcement. As regards law enforcement, the Committee previously noted from the 2001 report of the United Nations Special Rapporteur on violence against women, its causes and consequences, submitted to the United Nations Commission on Human Rights at its 57th Session (E/CN.4/2001/73/Add.2), that "though the law provides severe penalties for trafficking, few perpetrators are punished. … Exact numbers of charges against traffickers are difficult to obtain and traffickers are usually charged for lesser crimes, such as crossing the border without the correct documentation" (paragraph 63). The Committee has also noted that in the communication received in September 2002 from the ICFTU referred to above, the ICFTU shares the concern of the United Nations Special Rapporteur and expresses the view that the legislation has not been effective in preventing trafficking of women and children from Bangladesh, partly because of the fact that the legislation is not being properly enforced.

Recalling that, under Article 25 of the Convention, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced, the Committee hopes that appropriate measures will be taken by the Government in order to strengthen the law enforcement mechanism and that the Government will supply information on the number of trafficking offences reported, the number of prosecutions initiated and the number of convictions obtained, indicating the penalties imposed. The Government is also asked to provide information on the manner in which the Suppression of Violence Against Women and Children Act, 2000, is applied in practice, and to supply a copy the Act.

The Committee requests the Government to continue to provide information on the progress achieved in the implementation of the multisectoral action programme against trafficking of the MOWCA and on the progress of the Law Commission it has set up to review existing laws and enact new ones to safeguard women’s rights and to prevent violence against women including trafficking.

Restrictions on freedom of workers to terminate employment. In its earlier comments, the Committee has drawn attention to the fact that, under the Essential Services (Maintenance) Act, No. LIII of 1952, termination of employment by any person employed by the central Government without the consent of the employer is punishable with imprisonment for up to one year, notwithstanding any express or implied term in the contract of employment providing that the employee may freely, and with notice, terminate his or her employment (sections 3, 5(1)(b) and Explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the central Government and to any employment or class of employment declared by the Government to be an essential service. Similar provisions are contained in the Essential Services (Second) Ordinance, No. XLI of 1958 (sections 3, 4(a) and (b) and 5).

The Committee referred to the explanations provided in paragraphs 67 and 116 of its General Survey of 1979 on the abolition of forced labour, where it pointed out 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; but, even regarding employment in essential services whose interruption would endanger the existence or the well-being of the whole or part of the population, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are not in conformity with the Convention.

The Committee has noted the Government’s indication in the report that the proposed new Labour Code which is now under active consideration will help to resolve many ILO queries and to bring national provisions into conformity with the ratified Conventions. It expresses firm hope that the necessary measures will at last be taken to repeal or amend the Essential Services (Maintenance) Act, No. LIII of 1952, and the Essential Services (Second) Ordinance, No. XLI of 1958, and that legislation will be brought into conformity with the Convention on this point.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s reports.

Forced child labour

In its previous comments the Committee took note of the comments submitted by the World Confederation of Labour, according to which child domestics work in conditions that resemble servitude. The Committee also took note of the concluding observations of the United Nations Committee on the Rights of the Child, on the report submitted by Bangladesh (UN doc. CRC/C/66, 6 June 1997). That Committee expressed its concern "about the large number of children who are working, including in rural areas, as domestic servants as well as in other areas of the informal sector. It is concerned that many such children work in hazardous and harmful conditions, and are often vulnerable to sexual abuse and exploitation". Similar indications had been brought to the attention of the Working Group on Contemporary Forms of Slavery of the United Nations Sub-Commission on the Promotion and Protection of Human Rights.

The Committee requested the Government to pay particular attention to the situation of child domestic workers and to provide information on this matter.

The Committee notes that in its latest report, the Government states that forced child labour is non-existent in Bangladesh, but due to extreme poverty in rural areas and urban slums, child labour exists. The Committee takes note that the Government has provided no information on the particular situation of child domestic workers.

The Committee notes that, according to the "National Report on Follow-up to the World Summit for Children," prepared by the Ministry of Women and Children Affairs (MOWCA) in December 2000, "the exploitation of children and adolescents, especially girls, is a problem in the country. They are often victims of violence like sexual harassment and rape … In Dhaka city there are an estimated 300,000 child domestic workers". The Committee also takes note of the International Programme on the Elimination of Child Labour (IPEC) "Country Programme Progress Report" for Bangladesh, for the period January-August 2001. The report states that one of the priority target groups during the period under reporting included child domestic workers.

The Commission observes that the question of child domestic labour is the focus of particular attention of the Government and of different organs and programmes of the United Nations (for example, the Committee on the Rights of the Child, the Working Group on Contemporary Forms of Slavery, and IPEC). The Committee has previously noted allegations of the World Confederation of Labour, according to which the situation of child domestic workers in Bangladesh constitutes a violation of the forced labour Convention. The Committee observes that, even if domestic work performed by children may not necessarily be considered forced labour, it is necessary to examine such work both in terms of the conditions under which it is performed and in relation to the definition of forced labour, particularly as to the validity of the consent given and the possibility of terminating employment, in order to determine if it is a situation within the scope of the Convention.

The Committee urges the Government to examine the situation of child domestic workers in light of the Convention, to communicate all information on the working conditions of child domestic workers and on the modalities of their employment, as well as on all measures taken or envisaged to protect such children from forced labour.

Trafficking of women and children

In its previous comments, the Committee noted that a plan of action on child labour envisaged the setting up of a cell on child labour in the Labour Ministry, as well as a national council on child labour comprising representatives of the Government, Bangladesh employers’ associations, trade unions and others. The Committee also noted that the plan of action covered child trafficking and child prostitution, and it asked the Government to provide full information on the plan of action on child labour and on a special unit on trafficking set up by the Government. The Committee indicated that it was aware that the situation of trafficking of women and children was particularly complex and difficult, and it encouraged the Government to take measures to raise the level of awareness about trafficking in all sectors of society by resorting to every available means, including awareness campaigns. The Committee asked the Government to provide detailed information on any practical measures taken in this area.

The Committee notes the Government’s statement in its report that the Ministry of Women and Children Affairs, in collaboration with IPEC and UNICEF, has adopted a countrywide programme on the prevention of trafficking of women and children. The Committee also notes the Government’s statement that, to combat trafficking, it had enacted the Oppression of Women and Children (Special Provisions) Act of 1995, "which has taken adequate care to prevent such offences".

The Committee has taken note of the Government’s "National Report on Follow-up to the World Summit for Children", prepared by the Ministry of Women and Children Affairs in December 2000. In section 4(g) of the report ("Children in Need of Special Protection"), the Government states that, "from the print and electronic media reports, it is apparent that child-trafficking to India, Pakistan and Gulf-countries has been taking place". In section 5(h), the Government states that, "due to widening income inequality, socio-economically disadvantaged families are driven to desperate and difficult circumstances. Trafficking of women to the neighbouring countries is a phenomenon of social and economic deprivation". According to the report, the Government is giving law enforcement "top priority" and in 2000 it passed the Supervision of Violence Against Women and Children Act, repealing the Oppression of Women and Children (Special Provisions) Act of 1995.

The Committee has also taken note of the February 2001 report of the UN Special Rapporteur on violence against women, its causes and consequences. The report, entitled "Integration of the Human Rights of Women and the Gender Perspective: Violence against Women", was submitted to the UN Commission on Human Rights, at its 57th Session (E/CN.4/2001/73/Add.2). The report includes in the Addendum a report of a visit by the Special Rapporteur to Bangladesh to study the issue of trafficking of women and girls in the region, which took place 28 October to 15 November 2000. The report confirms the alarming increase of trafficking as a form of forced labour and refers to the "extensive trafficking from Bangladesh, primarily to India, Pakistan and destinations within the country, largely for purposes of forced prostitution, although in some cases for labour servitude" (paragraph 56). According to the report, some children have reportedly been trafficked to the Middle East to work as camel jockeys. The report states that most trafficked persons, eager to escape the cycle of poverty, are lured by promises of a good job or marriage. Orphans, runaways and others outside the normal family support system are also susceptible. The border between Bangladesh and India is porous, especially around Jessore and Benapole, making illegal border crossings easy.

According to the report, "though the law provides severe penalties for trafficking, few perpetrators are punished. NGOs report that police and local government officials often ignore trafficking in women or are easily bribed to look the other way, or they may even be involved. Exact numbers of charges against traffickers are difficult to obtain and traffickers are usually charged for lesser crimes, such as crossing the border without the correct documentation" (paragraph 63).

The Committee takes note of the ILO/IPEC publication entitled "Trafficking in children in Asia", in which it is pointed out that, "in Bangladesh since trafficking was declared a non-bail offence, it has become very difficult to gather the necessary ‘conclusive’ evidence to prosecute trafficking cases".

In its general observation in 2001, the Committee recalled that, under Article 1, paragraph 1, of the Convention, ratifying States are bound to suppress the use of forced or compulsory labour in all its forms, and that under Article 25, the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and it shall be an obligation on any Member ratifying this Convention to ensure that the penalties imposed by law are really adequate and are strictly enforced.

The Committee asks the Government to supply further information on the progress achieved in its efforts to improve the legislative support to combat trafficking particularly of children and women. The Government is asked to provide information on the manner in which the Women and Children Oppression Act of 1995 is applied in practice, including the number of prosecutions which have proceeded under it and the extent of penalties imposed. The Committee also asks the Government to supply the text of the Supervision of Violence Against Women and Children Act, which it says it enacted in 2000.

The Committee requests that the Government report on the progress of the multi-sectoral action programme against trafficking of the MOWCA, and on the progress of the Law Commission it has set up to review existing laws and enact new ones to safeguard women’s rights and to prevent violence against women including trafficking.

The Committee asks the Government to report on the shortcomings of the Criminal Investigation Department, the unit of the police force specially tasked with speedy investigation of cases of violence against women including those involving trafficking.

Restrictions on freedom of workers to terminate employment

In previous observations and direct requests the Committee has drawn attention to the fact 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 under the Central Government to terminate his or her employment without the consent of the employer, notwithstanding any express or implied term in the contract of employment providing that the employee may freely, and with notice, terminate his or her employment (sections 3, 5(1)(b) and Explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions apply to every employment under the Central Government and to any employment or class of employment declared by the Government to be an essential service. Similar provisions are contained in the Essential Services (Second) Ordinance, No. XLI of 1958 (sections 3, 4(a) and (b) and 5).

In previous comments the Committee has referred to the explanation provided in paragraph 67 of its 1979 General Survey on the Abolition of Forced Labour, where it indicated 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. The "essential" services defined under the Essential Services (Maintenance) Act, No. LIII of 1952, and the Essential Services (Second) Ordinance, No. XLI of 1958, 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, provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are not in conformity with the Convention.

The Committee, in its 1998 observation, noted the Government’s statement that, as advised by the Committee, the legislation would be "re-examined". In its most recent reports the Government states that, under section 5 of the Essential Services (Maintenance) Act, No. LIII of 1952, "any person engaged in any employment to which this Act applies shall not abandon this employment without reasonable excuse. So there is no bar on the employees to resign from such employment if reasonable grounds exist". The Committee would point out that, under explanation 2 of section 5 of the Act, an employee "abandons" employment when, notwithstanding that under his contract of employment he may terminate his employment on giving notice, he does so "without the previous consent of his employer".

The Committee must once again urge the Government to take steps to repeal or amend the Essential Services (Maintenance) Act, No. LIII of 1952, and the Essential Services (Second) Ordinance, No. XLI of 1958, to bring them into conformity with the Convention.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the discussions concerning this Convention in the Conference Committee in June 1998.

Article 1(1) and Article 2(1) of the Convention. I. Freedom to resign from employment. 1. The Committee referred in its previous observation to the Essential Services (Maintenance) Act, No. LIII of 1952 and the Essential Services (Second) Ordinance, No. XLI of 1958, under which termination of employment in the central Government without the consent of the employer is an offence punishable by imprisonment. The Committee notes that, in the Conference Committee as well as in its report, the Government again stated that there were measures in different laws to protect the workers in case of termination or dismissal. For present purposes, the Committee again asks the Government to indicate under what provisions and in what conditions the employees concerned, including employees of the central Government and in essential services, may resign from their employment on their own initiative, and what conditions are applicable to such resignation.

II. Forced child labour. 2. The Committee notes that the Conference Committee, having heard the information provided by the Government representative and the discussion which ensued, remained deeply concerned at the magnitude and seriousness of the child labour problem. The present Committee shares that concern.

3. As regards the garment industry, the Committee notes with interest that a Memorandum of Understanding was signed in 1995 between the Bangladesh Garment Manufacturers and Exporters Association, ILO and UNICEF, to remove all child workers below 14 years from over 2,000 garment factories and place them in school. This programme also includes continuous monitoring and verification of the garment factories to ensure compliance with the Memorandum. The Committee asks the Government to provide detailed information on the application of the Memorandum, as well as any report on the monitoring and verification of compliance in the factories.

4. As regards other sectors, the Committee would encourage the Government, in cooperation with the ILO, to envisage a similar approach to the above in other sectors where children are employed in violation of the Convention, and in particular in the less organized and more informal activities where the risks of such violation are greatest. The Committee asks the Government to send information on any measure taken to that effect.

5. In this connection, the Committee notes a statement by the Worker member of Bangladesh in the Conference Committee that the Government, employers and trade unions of the country were unanimous as to the need to eradicate child labour. The Committee has been informed that a National Plan of Action on Child Labour has been prepared and was due to be launched in 1998, with several priority areas of action. The Plan envisages the setting up of a Cell on Child Labour in the Labour Ministry and a National Council on Child Labour comprising representatives of the Government, Bangladesh employers' associations, trade unions and others. The Committee has also noted that 23 programmes on child labour have been funded by the ILO's International Programme for the Elimination of Child Labour (IPEC) since 1995, and 24 action programmes have taken place in 1996-97, some of them implemented by trade unions. It asks the Government to provide detailed information on the setting up and working of the Cell on Child Labour in the Labour Ministry, and information on the setting up of the National Council on Child Labour and its composition and functioning as well as any report which that Council may have issued on the efforts toward eliminating child labour, in particular compulsory child labour.

6. The Committee would encourage the Government to invite these bodies to pay particular attention to the situation of child domestic workers and to indicate any initiatives taken in the matter. The Committee is aware that the socio-economic conditions prevailing in the country make the situation particularly difficult. Therefore, it would encourage the Government to take measures in cooperation with the ILO in order to raise the level of awareness about child labour, and to provide information in its next report.

7. As regards trafficking of children, the Committee notes that the Worker member of Bangladesh in the Conference Committee stated that a special unit had been set up by the Government to take serious action against traffickers. It also notes that the above-mentioned Plan of Action covers child trafficking and child prostitution. The Committee has further been informed of a project with respect to child trafficking which would envisage a programme to stop child trafficking. The Committee asks the Government to provide in its next report full information on the special unit referred to at the Conference Committee and detailed information on actions taken against traffickers in the light of the requirements of the Convention.

8. The Committee is aware that the situation is particularly complex and difficult. It would encourage the Government to take measures in order to raise the level of awareness about trafficking in all sectors of society, by resorting to every available means, including awareness campaigns. It asks the Government to provide detailed information on any practical measures taken in the matter.

9. The Committee notes that a draft Labour Code is currently under examination. It hopes that its comments have been fully taken into account and that the Government will communicate a copy of the Code as soon as it is adopted.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report.

1. Legal restrictions on termination of employment

In comments made for a number of years the Committee has 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 (section 3, section 5(1)(b), Explanation 2, and section 7(1)). Pursuant to section 3 of the Act, these provisions may be extended to other classes of employment. Similar provisions are contained in the Essential Services (Second) Ordinance, No. XVI of 1958 (sections 3, 4(a) and (b), and 5). The Committee asked the Government to indicate the measures taken or envisaged in respect of these provisions to ensure the observance of the Convention.

In its report the Government once again has indicated that there are sufficient protective measures in the provisions of the Factory Act, the Payment of Wages Act, the Shops and Establishments Act, and the Essential Services (Maintenance) Act, No. LIII of 1952. The Government refers in particular to the notice to be given and wages to be paid in lieu of notice by employers terminating employment of a permanent worker. The Committee takes due note of these legal requirements. As it has previously pointed out, however, these tend to protect workers in case of dismissal, while the Convention is concerned with a different situation, namely, the case of workers wishing to leave their employment on their own initiative.

The Committee notes the Government's statement that temporary restrictions on termination of employment to secure the supply of community services should not be construed as forced or compulsory labour and are permissible under Article 9 of the Convention.

In this respect, the Committee observes that under Article 1, paragraph 1, of the Convention, each Member of the ILO which ratifies it undertakes to suppress the use of forced or compulsory labour in all its forms within the shortest possible period; Article 9 of the Convention is part of a whole set of provisions establishing the conditions and guarantees under which, in exceptional cases and with a view to its complete suppression, forced labour could be used during a transitional period (Article 1, paragraph 2, and Articles 4 to 24 of the Convention). Since the Convention, adopted in 1930, calls for the suppression of forced labour within the shortest possible period, to invoke at the current time (67 years after its adoption) that certain forms of forced or compulsory labour comply with one of the requirements of this set of provisions, is to disregard the transitional function of these provisions and contradict the spirit of the Convention.

In the view of the Committee, use of a form of forced or compulsory labour falling within the scope of the Convention as defined in Article 2 may no longer be justified by invoking observance of the provisions of Article 1, paragraph 2, and Articles 4 to 24, although the absolute prohibitions contained in these provisions remain binding upon the States having ratified the Convention.

The Committee notes the Government's statement that, as advised by the Committee, the legislation will be re-examined. The Committee hopes that the Government will, without further delay, take the measures necessary 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.

2. Children in bondage

Child domestic workers

In its 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, alleging that children of underprivileged classes were exploited, inter alia, as domestic workers in private houses, bidi and tobacco factories and that the protective legislative and constitutional provisions were not implemented.

The Committee expressed the hope that the Government would provide information on measures taken or envisaged, following the Asian Regional Seminar on Children in Bondage (Pakistan, 23-26 November 1992), when the programme of action against child bondage was adopted, as concerns the situation, for instance, of children working "unseen" as domestic servants. Referring 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 expressed the hope that the Government would provide detailed information on inspections carried out, on proceedings brought and convictions made, and on penalties imposed on the child labour exploiters.

The Committee notes that in its latest report, the Government states that Bangladesh has no bonded labour; however, in order to eliminate the "insignificant amount" of child labour in the garment sector, it signed a Memorandum of Understanding (MOU) with the ILO/International Programme on the Elimination of Child Labour (IPEC) in October 1994. The Government further indicates that under IPEC, 24 projects had been implemented since 1995, and that 24 other projects were under implementation in various fields in 1996. The Government points out that the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) has signed a separate MOU with UNICEF and the ILO with a view to rehabilitating terminated child workers from the garment sector. According to the Government, various programmes under this MOU are also being implemented under the supervision of ILO/IPEC, UNICEF and the Government.

The Committee has taken note of the concluding observations by the United Nations Committee on the Rights of the Child on the report submitted by Bangladesh (UN doc. CRC/C/66, 6 June 1997). That Committee expresses its concern (paragraph 147) "about the large number of children who are working, including in rural areas, as domestic servants as well as in other areas of the informal sector. It is concerned that many such children work in hazardous and harmful conditions, and are often vulnerable to sexual abuse and exploitation".

The Committee has also taken note of a communication dated 29 October 1997 through which the World Confederation of Labour submitted comments on the application of the Convention, and to which it attached a number of documents, including "Child domestic workers: Is servitude the only option?", published by Shoishab Bangladesh. A copy of this communication was dispatched to the Government on 13 November 1997 so that it could make any comments it deemed appropriate.

According to these allegations, the phenomenon of child domestic workers in Bangladesh is a complex situation that evolves from certain social practices that have remained unchallenged, and from the socio-economic realities of the country. The age of the child domestic workers ranges from 8 to 16. However, if a mother is a domestic servant in a household, often her very young children get drawn into child domesticity before they know of any other lifestyle. Child domestic workers are predominantly female. The tasks expected or demanded of them are open-ended or, at best, ill-defined. Working hours are equally vague, and often remuneration is not discussed clearly and openly. The child domestics' relationship with their employers varies widely. However, in all cases, the employer has total power over all aspects of their lives.

According to the allegations, the phenomenon of child domesticity in Bangladesh needs to be considered with the situation of domestic workers in general. In this well-developed subculture there are several categories of workers, including the bandha, the chhuta, skilled domestics, and the pichchis. The bandha domestic workers are live-in and full time. "Bandha" literally means "tied-down". These are servants who are exclusively engaged in one household, having wide-ranging activities, and almost no limit to their working hours. They are provided accommodation, often within the household. The quality of accommodation depends on the economic conditions and social attitudes of the employer. This group includes all categories, i.e., children (boys and girls), men and women. Depending on gender and age, the range of their work may vary, but they are expected to be involved in every chore, indoor and outdoor. The category of chhuta, meaning "non-bound", consists of domestic workers who work part time, do several specific and usually well-defined activities, and have their own households, as do skilled domestics. The pichchis, or "tiny ones", have an independent association with the employers. They run various errands for all members of the family and have no other specific or defined responsibilities. Their major problem is that this work is perceived as not being substantial, while they face constant conflicting demands from different members of the family throughout the day. The pichchis are made up of comparatively more boys than girls, are live-in servants with food provided, and usually receive no regular cash payments. All child domestics really fall within the categories of bandha and pichchis.

The allegations indicate that child domestics have very wide-ranging activities which are difficult to classify into well-defined categories. However, one can arrive at a simplified classification of two broad areas: labour-intensive tasks and the running of errands. Labour-intensive tasks may stretch over all waking hours of the day, and include sweeping, washing, dusting, floor polishing, cooking and helping to cook, grinding spices, washing clothes, etc. As for running errands, child domestics are always on call by every family member to perform any task. These jobs are often tedious, but child domestic workers are expected always to be on their toes, never be tired, and always on their best behaviour. As these are small and isolated activities, they are never perceived as real work.

The child domestic workers are perceived as servants with endless working hours. According to the allegations, even when domestic workers have completed their assigned chores, such as washing clothes, cleaning the house, washing kitchen utensils, cooking or grinding spices, employers still have power over their time. They cannot plan to utilize their "free" time according to their needs or wishes, because they are always on call for all types of large and small jobs, even fetching a glass of water. They can be called upon at any time throughout the day or night. Even young girls can be awakened in the middle of the night for any type of job, from providing food for unexpected guests to helping care for a sick baby throughout the night. According to the allegations, child domestic workers do not have any regular holidays or any days off. No one recognizes a child domestic's need or right to have any time or means for recreation. Even if the employer's family goes on a holiday, the domestic accompanies them in her usual role.

The allegations indicate that no matter what the socio-economic conditions of the employing families, the age of the domestic workers, or the strenuousness of the chores, the workers' daily routine is the same. They wake before anyone else in the household and are the last to go to sleep. When the family goes out on social visits, the employer will offer the services of the domestic worker to the host family, which can be seen as an extension of social courtesy on the part of the guest family. Society sees the children as the property of the employer, and 24 hours a day, 365 days a year, the domestic servant's status remains unchanged. The allegations indicate that, from a very impressionable age, domestic workers live within a family, totally devoid of any rights, surrounded by their own loneliness. This is the definition of child domestic work. In exchange for this lifestyle of duties, they get food, shelter, clothing and treatment depending on the socio-economic status of the employing family, as well as their attitudes and beliefs. The child domestics are often the recipients of all forms of verbal abuse and sometimes even physical abuse. They are also often under threat of dismissal and being thrown into the street to a vagrant life.

According to the allegations, the employer holds total power and control over the lives of child domestic workers, and the key perception of child domestics of themselves is that this life of servitude is their fate.

The Committee requests the Government to provide full information on these allegations. It urges the Government to take strong and effective measures to eradicate forced labour of children and to report on the measures adopted or contemplated.

3. Trafficking

The Committee has taken note of the report submitted by the Government of Bangladesh to the United Nations Committee on the Elimination of Discrimination against Women (UN doc. CEDAW/C/BGD/3-4, 1 April 1997), in which the Government states that "the phenomenon of trafficking seems to be increasing" (paragraph 2. 5), and that "in most cases trafficking is for prostitution or leads to prostitution". The Government, referring to a non-governmental source, reports that "about 200,000 women and children have been trafficked to the Middle East in the last 20 years. Different human rights activists and agencies estimate 200-400 young women and children are smuggled out every month, most of them from Bangladesh to Pakistan". The Government reports that trafficking "is carried out by regional gangs who are well organized and who have links with the various law-enforcing agencies, which is why only a very small percentage of the traffickers are caught or the victims recovered".

The Government states that it "is aware of the problem of trafficking and has taken up measures to prevent it. One such measure is the strengthening of border posts ... Another measure is the strengthening of legislation and increasing punishments for trafficking". It adds that "there is a need for stronger action against members of law-enforcing authorities who are themselves involved in trafficking" (paragraph 2.5.1 of the same document). The Committee notes that, according to the Government's report, the penalties imposed under section 8 of the Women and Child Repression (Special Provisions) Act, 1995, for trafficking and associated offences include life imprisonment and fines.

The Committee notes from the IPEC Trimester report (May 1997) that the Ministry of Women and Children's Affairs, in collaboration with ILO-IPEC and UNICEF, agreed in early 1997 to implement a country-wide programme on trafficking of children, and that the Government has participated in a number of recent national or local seminars, workshops, and conferences, including a workshop on trafficking of children in February 1997.

The Committee has taken note of the concluding observations by the United Nations Committee on the Rights of the Child on the report submitted by Bangladesh (UN doc. CRC/C/66, 6 June 1997). In its conclusions the Committee expresses "its serious concern about the occurrence of trafficking and sale of children". The Committee considers that "(l)ack of enforcement and failure to implement existing legislation at all levels, from law-enforcement agencies to the judiciary, need to be addressed".

Referring to Article 25 of the Convention, under which the illegal exaction of forced or compulsory labour shall be punishable as a penal offence, and the ratifying State must ensure that penalties imposed by law are really adequate and strictly enforced, the Committee requests the Government to provide full information on penalties imposed, copies of court decisions, and the results achieved through the different initiatives taken by the Government to ensure that not only the legislation but also its implementation complies with the provisions of the Convention.

4. Allegations concerning the situation in the garment industry

The Committee also notes allegations presented by the World Confederation of Labour in the communication mentioned above, relating to the situation in the garment industry. According to the trade union's allegations, "the Bangladesh garment industry employs more than 1 million workers, mainly women and children ... The legal minimum wages are rarely ever paid; forced overtime is commonplace but is compensated at below the legal rate. Bangladesh workers have a legal right to Friday as a holiday, but employers do not observe it and they frequently fire workers who demand it; and workers go for months on end without receiving any salary".

The Committee asks the Government to provide detailed comments on these allegations.

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

Referring to previous comments, the Committee requests the Government to supply copies of the relevant laws governing resignation in the armed forces, in particular in respect to the freedom of career members to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

In previous comments, the Committee requested the Government to supply copies of the laws governing the armed forces, in particular in respect to the freedom of career members to leave the service on their own initiative after a reasonable time, either at specified intervals or by giving notice.

The Committee noted the Government's indication in its report for the period ending 30 June 1988 that like all other public servants armed forces personnel have the right to leave the service. The Committee requested the Government to supply copies of the relevant laws or regulations providing for the right of the armed forces personnel to leave the service. In the absence of these texts, the Committee again requests the Government to provide copies with its next report.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Bonded labour. The Committee has taken note of the discussions in 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. The Committee notes that the Report of the Working Group (doc. E/CN.4/Sub.2/1989/39 of 28 August 1989) refers to information provided by the Anti-Slavery Society for the Protection of Human Rights concerning child labour related to debt bondage in the South Asian countries; this information is set out in the report of the South Asian Seminar on Child Servitude held in June-July 1989 and attended by representatives of non-governmental organisations from five countries. In relation to the situation in Bangladesh, the report refers in particular to children of underprivileged classes who, because of their parents' debt bondage to local landlords or money lenders, have to take up work as domestic workers in private homes, in shops, restaurants, in "biri" and tobacco factories, etc.; their situation is described as one of exploitation and slavery. Under the provisions of the labour law no children under 14 years can work for any employer under any circumstances and there are laws and constitutional provisions on child servitude but these were not implemented nor brought to the attention of the public and the exploiters seem to ignore all legislation protecting children against servitude.

The Committee recalls that under Article 25 of the Convention the illegal exaction of forced or compulsory labour shall be punishable as a penal offence and the Government must ensure that penalties imposed by law are really adequate and strictly enforced. The Committee hopes that the Government will provide detailed comments on the allegations referred to above as well as full information on any measures adopted or contemplated to eradicate bonded labour in law as well as in practice.

2. The Committee has taken note with interest of the activities of the Underprivileged Children's Educational Programme (UCEP) established in 1972 with the help and co-operation of the Ministry of Manpower Development and Social Welfare, referred to in the ILO Conditions of Work Digest No. 7, 1/1988. The Committee hopes that the Government will provide information on any further measures taken for the release and rehabilitation of exploited children.

3. Legal restrictions on termination of employment. In comments made for a number of years 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).

Referring to the explanations provided in paragraph 67 of its 1979 General Survey on the Abolition of Forced Labour, the Committee in its previous observation indicated 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 circumstance that would endanger the existence or the well-being of the whole or part of the population. However, restrictions under the essential services legislation referred to are not limited to such circumstances. The Committee also pointed out 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.

In view of the Government's repeated earlier indications that the Essential Services (Maintenance) Act, 1952 is not in operation and that no restriction has been imposed under section 3 of the Act, the Committee again expresses the hope that the Government will soon be in a position to indicate that the necessary action has been taken to repeal the Essential Services (Maintenance) Act, No. LIII of 1952, and to bring the Essential Services (Second) Ordinance, No. XLI of 1958, into conformity with the Convention.