Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (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.]