Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage. The Committee had previously noted that article 34(1) of the Constitution prohibits all forms of child labour and section 35 of the Labour Act of 2006 (Labour Act) prohibits debt bondage but only in respect of children under 14 years. The Committee had observed that prohibiting debt bondage in the Constitution does not entail specific penalties in case of a violation, whereas the Labour Act does. It had also noted the Government’s information that necessary steps were being taken to incorporate the provisions of Article 3(a) into further amendments to the Labour Act. The Committee notes the Government’s information that it has formed a committee of 27 experts who, along with the workers’ and employers’ organizations, is working on this proposal. The Committee reminds the Government that, by virtue of Article 3(a) of the Convention, debt bondage is considered as one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, each Member which ratifies the Convention shall 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 expresses the firm hope that amendments to the Labour Act prohibiting the debt bondage of children under 18 years of age will be adopted as a matter of urgency. It requests the Government to provide information on any progress made in this regard.

2. Forced or compulsory recruitment for use in armed conflict. The Committee had previously noted the Government’s information that, as a standing policy of the Government, there is no compulsory recruitment of any young person under the age of 18 years for military service. It had also noted that the Committee on the Rights of the Child (CRC), in its concluding observations in consideration of the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts of 17 March 2006, expressed concern about the reportedly high number of children under 18 who were enrolled in the armed forces, while the consent of parents or legal guardians was not mandatory (except for recruitment in the air force) and there were no measures to ensure that the recruitment of children under 18 is genuinely voluntary and well informed (CRC/C/OPAC/BGD/CO/1, paragraph 15). The Committee notes the Government’s information that there is no armed conflict in Bangladesh. Recalling that Article 3(a) read in conjunction with Article 1 of the Convention requires Members which ratify the Convention to take immediate and effective measures to secure the elimination of the worst forms of child labour, the Committee requests the Government to take the necessary measures, as a matter of urgency, to prohibit in the national legislation the recruitment of children under 18 years of age in any military force, governmental or not, and to adopt appropriate penalties for contraventions of the prohibition.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that the Suppression of Violence against Women and Children Act (SVWCA) did not prohibit the use, procuring or offering of a boy between 16 and 18 years for prostitution, for the production of pornography, or for pornographic performances. It had noted the Government’s information that the necessary steps would be taken by the Ministry of Women and Children Affairs (MOWCA) to bring the SVWCA in line with the Convention. The Committee notes the Government’s information that it will gradually take the necessary measures to ensure the prohibition of the use, procuring or offering of a child under 18 years for prostitution and for pornography or pornographic performances. Recalling the principles underlined in Article 3(b) and Article 1 of the Convention, the Committee urges the Government to take the necessary measures to ensure that the amendments to the SVWCA, which would prohibit the use, procuring or offering of children under 18 years of age, including boys, for prostitution, pornography or for pornographic performances, will be adopted in the near future. It also requests the Government to provide information on any progress made in this regard.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that the use, procuring or offering of a child under 18 years for illicit activities did not seem to be prohibited by national legislation. The Committee notes the Government’s information that it will gradually take the necessary measures to ensure this prohibition. Observing that the Committee has been raising this issue since 2004 and once again recalling the principles underlined in Article 3(c) read in conjunction with Article 1 of the Convention, the Committee urges the Government to take the necessary measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is expressly prohibited in the national legislation, as a matter of urgency.

Article 4(1). Determination of hazardous work. Following its previous comments, the Committee notes the Government’s information that within the framework of the ILO–IPEC project entitled Urban Informal Economy (UIE) Programme of the Project of Support to the National Time-bound Programme towards the Elimination of the Worst Forms of Child Labour 2007–11
(TBP–UIE), the Government is working on the preparation of the list of types of hazardous work. The Committee once again urges the Government to take the necessary measures to ensure that the list of the types of hazardous work is adopted in the very near future, after consultations with the employers’ and workers’ organizations concerned. It requests the Government to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. Following its previous comments, the Committee notes the Government’s information that under the TBP–UIE, a Child Labour Unit has been established to compile and disseminate child labour data collected by several ministries, departments and organizations. It also notes the Government’s indication that a website based on data for child labour is also under preparation. The Committee further notes the Government’s information that a Department of Inspection for Factories and Establishments has been established to monitor implementation of the provisions giving effect to this Convention. The officers of this department are responsible to inspect any violation. The Committee requests the Government to provide information on the number of violations detected by the officers of the Department of Inspection for Factories and Establishments with regard to minors under the age of 18 years. It also requests the Government to provide further information on the data collected by the Child Labour Unit with regard to the worst forms of child labour.

Article 6(1). Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that it launched the TBP–UIE project in 2007, which has now been extended up to 2011, with the objective of contributing to the prevention and elimination of the worst forms of child labour in the urban informal economy. It notes that, according to the Technical Progress Report (TPR) for the TBP–UIE, within the framework of this project, the Government approved the National Education Policy and the National Child Labour Elimination Policy which aim to bring about a meaningful change in the life of the children by withdrawing them from all forms of child labour, including its worst forms. The TPR further indicates that under this project, more than 5,000 working children are benefiting through rehabilitation and protective services, about 276 working children are fully withdrawn from hazardous work through skills development training and mainstreaming to formal education and more than 200 guardians of working children received microcredit assistance and were provided with income-generating activities. Moreover, as of June 2010, 5,028 working children are receiving direct services in the Multi-Purpose Centres and Vocational Training Centres; 3,780 working children are enrolled in non-formal education programmes, and about 1,141 guardians are enrolled in the Social and Economic Empowerment (SEE) programmes.

The Committee further notes the information provided by the Government on the various ongoing programmes and projects in the country, such as:

–      Eradication of Hazardous Child Labour project: In the first phase of this project, 10,000 child workers in Dhaka and Chittagong metropolitan areas got non-formal education and skills-development training; and 5,000 parents of child workers received microcredit. Under the second phase of this project, which ended in June 2009, 30,000 child workers were provided non-formal education and skills-development training. This project, which has entered its third phase, aims at withdrawing 30,000 children from hazardous work and intends to take effective measures to withdraw children working as waste collectors, leather workers, brick breakers, auto-workshop workers, and tempo helpers.

–      The Technical and Vocational Education and Training Reform (TVET) project (2007–11), which aims to reduce poverty through reforms of technical and vocational education and training policies so that more people can acquire employable skills.

–      The Empowerment and Protection of Children (EPC) project targeting orphans and other marginalized children such as street children, drug users, victims of exploitation, acid survivors and disaster affected children.

The Committee requests the Government to continue providing information on the results achieved, in terms of the number of children withdrawn from the worst forms of child labour and rehabilitated, through the implementation of the TBP-UIE project, Eradication of Hazardous Child Labour, TVET and EPC projects. It also requests the Government to provide information on the measures taken to withdraw children working as waste collectors, leather workers, brick breakers, auto-workshop workers, and tempo helpers under the Elimination of Hazardous Work project, and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. Following its previous comments, the Committee notes the Government’s information that efforts are being made to increase school enrolment and attendance rates and decrease drop-out rates, train primary teachers and to maintain gender parity in access and achievement. The Committee notes the Government’s information with regard to the various measures and projects undertaken by the Government to improve access to education in the country which include:

–      the Primary Education Development Programme-II (PEDP-II) which aims to improve and support equitable access to quality schooling with some provisions for promoting equal access of indigenous and children with special needs;

–      the Reaching Out-of-School Children (ROSC) project which aims to address children who do not have access to formal education due to poverty;

–      the Protection of Children at Risk (PCAR) project, supported by UNICEF and which targets children without parental care and those living on streets in six divisional cities of Bangladesh;

–      the Female Secondary School Assistance Project-II, which aims to improve the quality of, and girls’ access to, secondary education in rural areas of Bangladesh; and

–      the Basic Education for Hard to Reach Urban Working Children which has entered its second phase which aims to achieve quality life skills-based basic education, livelihood education, and advocacy for improved environment for working children in six divisional cities in Bangladesh. The project targets 200,000 working children between 10 and 14 years of age for basic education through establishing 8,000 learning centres, and targets 20,000 children of over 13 years for livelihood education.

The Committee further notes that, according to the TPR for the TBP-UIE project, the National Education Policy approved by the Government in May 2010 has extended free and compulsory primary education from class V to class VIII, including pre-primary education from the age of five years, and has incorporated pre-vocational education in the last three grades. The policy intends to ensure that all children, irrespective of their geographic, socioeconomic, ethnic, linguistic, gender, physical or mental condition, complete primary education and the budget allocation for education for the year 2010–11 has been increased to US$260 million, 13.5 per cent higher than the previous year. The Committee notes that in order to increase the school enrolment rates, the Government has been implementing a number of projects, such as: (i) the school feeding programme in the poverty-stricken areas; (ii) a stipend for primary education (currently 7.8 million students receive a stipend); (iii) establishing 1,500 primary schools in areas without schools; (iv) constructing 40,000 new classrooms (so far 31,650 have been constructed); (v) starting pre-primary education in government primary schools; (vi) establishing child-friendly teaching centres in remote areas; and (vii) distributing free textbooks for all students of primary and secondary education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to continue its efforts to ensure free basic education to all children and to keep children in school. It requests the Government to provide information on the results achieved by the PEDP-II, ROSC, PCAR, Female Secondary School Assistance Project-II, Basic Education for Hard to Reach Urban Working Children, and the TBP–UIE project in terms of the number of children protected from the worst forms of child labour through the provision of educational services. Finally, it asks the Government to provide updated statistical data on school enrolment and drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Child workers in the road transport sector. Following its previous comments, the Committee notes the Government’s information that several NGOs are engaged in implementing development projects targeting the withdrawal of children from the road transport industry through mainstreaming them into formal or non-formal education or skills development training. However, there is no central authority to collect and disseminate information on the withdrawal of child labour by the different NGOs. The Committee, nevertheless, notes the Government’s indication that the Child Labour Unit established under the Ministry of Labour and Employment will compile and disseminate child labour data collected from various ministries, department or organizations. The Committee further notes the Government’s indication that, within the framework of the TBP–UIE project and the Eradication of Hazardous Child Labour project, non-formal and skills development training are being provided to children withdrawn from the worst forms of child labour, including the road transport industry. The Committee requests the Government to provide information on the number of children withdrawn from the road transport industry as compiled by the Child Labour Unit, and rehabilitated through formal or non-formal education or skills-development training.

2. Children in the informal economy. Following its previous comments, the Committee notes the Government’s information that the TBP–UIE has been implementing different action programmes in different zones of Dhaka for withdrawing children from the worst forms of child labour in the urban informal economy. The Government further states that the TBP–Rural Informal Economy (RIE) component of the TBP project has not yet been initiated. The Committee requests the Government to provide information on any progress made with regard to the initiation of the RIE component under the TBP project.

3. Street children. The Committee notes the Government’s information that many NGOs are engaged in implementing projects targeting the withdrawal of street children through the provision of non-formal education and skills development activities. It also notes the Government’s indication that the MOWCA, through the NGOs, has implemented the Empowerment and Protection of Children project which aims to protect orphans, street children and other marginalized children from the worst forms of child labour and rehabilitate them. The Committee requests the Government to provide information on the number of street children withdrawn and rehabilitated through the implementation of the Empowerment and Protection of Children project.

Article 8. Elimination of poverty. In its previous comments, the Committee had noted that the Poverty Reduction Strategy Paper (PRSP) provided a comprehensive medium-term strategy aimed at rapid poverty reduction through eight medium-term strategic agendas that covered employment, nutrition, quality education, local governance, maternal health, safe water and sanitation, criminal justice and monitoring. The Committee notes the Government’s information that, although Bangladesh has made significant progress in the area of child rights promotion, the general situation of the children needs to be improved further since many Bangladeshi children are still subject to malnutrition, disease, poverty, illiteracy, abuse, exploitation and natural disaster. It notes further the Government’s indication that effective measures will be taken under the National Strategies for Accelerated Poverty Reduction-II (NSAPR-II) to improve the situation of children which cover health and nutrition, food, education, quality of primary education, access to water and sanitation, eradication of child labour, child protection and sex-disaggregated data. The Committee requests the Government to provide information on any impact of the NSAPR-II towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee had previously noted that, according to the TPR of 22 February 2007 for the TBP, the Bangladesh Bureau of Statistics (BBS) conducted 13 research studies on different thematic areas under the TBP Preparatory Phase, including education, poverty reduction, social mobilization and labour protection. The Committee notes that, according to the TPR for the TBP–UIE project, the BBS conducted a pilot survey on the commercial sexual exploitation of children in 2008. The report further indicates that the BBS in cooperation with the ILO–IPEC SIMPOC is conducting a pilot survey on child workers in the dry fish industry in 2010, while a rapid assessment on child labour in Chittagong and Sylhet was completed in January 2010.

The Committee further notes the Government’s statement that, in spite of its limited resources, the Government of Bangladesh has been implementing programmes and projects with its own funds and other development partners on a regular basis for the elimination of child labour. The Government further states that child labour in the ready-made garment sector has been completely eliminated. It also notes the Government’s statement that, if the present trend continues, the instances of child labour can be considerably reduced in the country. The Committee hopes that the Government will continue to seek technical assistance from the ILO for undertaking programmes on the elimination of child labour. The Committee requests the Government to provide the statistical data collected through the research studies under the TBP, the pilot survey on commercial sexual exploitation of children of 2008, the rapid assessment on child labour of 2010, and the pilot survey on child labour in dry fish industry of 2010.