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Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 29) sur le travail forcé, 1930 - Bangladesh (Ratification: 1972)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Bangladesh (Ratification: 2022)

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Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. The Committee previously noted the adoption of the Human Trafficking Deterrence and Suppression Act, 2012, section 6 of which prohibits trafficking in persons. The Act also provides for the establishment of a Human Trafficking Prevention Fund, as well as a National Anti-Trafficking Authority. Additionally, the Act contains provisions on the protection and rehabilitation of victims, including access to compensation and legal and psychological counselling. The Committee noted further the adoption of the National Plan of Action for Combating Human Trafficking (NPA) for the period of 2012–14, as well as various other measures taken to address trafficking in persons which are described in detail in the annual anti-trafficking country reports of the Ministry of Home Affairs.
The Committee notes the Government’s information in its report that, in 2017, three implementing rules to the Human Trafficking Deterrence and Suppression Act, 2012, were adopted, namely the Prevention and Suppression of Human Trafficking Rule, the Human Trafficking Suppression Authority Rule and the Human Trafficking Fund Rule. The NPA 2015–17 has been adopted and is currently being implemented, with five strategic goals: prevention, protection, promoting legal justice, developing partnerships and effective monitoring. A counter trafficking committee is set up in each district. The Committee also notes that, according to the Government’s written replies to the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) of 21 March 2017, from 2012 to 2016 (November), a total of 2,966 cases of human trafficking have been registered, and 6,046 victims have been rescued. Of registered cases, trials in 192 cases have been completed and convictions were secured in 26 cases. The victims of trafficking also received prompt assistance. Upon their rescue, they are taken to shelter homes and are provided with medical treatment and psychosocial counselling. The Government runs a victim support centre, and a number of civil society organizations are working to provide legal assistance to the trafficking victims (CMW/C/BGD/Q/1/Add.1, paragraph 42). While taking due note of the increase in the number of trafficking investigations and prosecutions and the measures undertaken for the protection of victims, the Committee expresses its concern at the low number of convictions. The Committee therefore requests the Government to take the necessary measures to ensure that all persons who engage in trafficking and related offences are subject to thorough investigations and robust prosecutions. The Committee requests the Government to continue providing information on the number of convictions and the specific penalties applied, as well as on the difficulties encountered by the competent authorities in convicting perpetrators. It also requests the Government to continue providing information on the specific measures taken and concrete results achieved with regard to victims’ protection, assistance and rehabilitation.
2. Forced labour practices. The Committee previously noted that section 9 of the Human Trafficking Deterrence and Suppression Act, 2012, criminalizes the use of forced or bonded labour. Pursuant to this provision, the act of unlawfully forcing an individual to work against their will, or compelling them to provide labour or services, or holding a person in debt bondage by threat or use of force in order to perform any work or service is punishable with five to 12 years’ imprisonment. The Committee requested the Government to provide information on its application in practice.
The Committee notes that, in its concluding observations of 2017, the CMW expresses its concern at undocumented nationals of Myanmar working in Bangladesh, including children, who are frequently subject to sexual and labour exploitation, including forced labour. Indian migrant workers are also subject to debt bondage in the brick kiln sector (CMW/C/BGD/CO/1, paragraph 31). In this regard, the Committee notes with regret the Government’s information that no cases of forced or compulsory labour have been detected. The Committee therefore requests the Government to take the necessary measures to strengthen the capacity of law enforcement agencies to detect and investigate forced labour cases, and to provide information on any results achieved or progress made in this regard. The Committee also requests the Government to provide information in its next report, on the application in practice of section 9 of the Human Trafficking Deterrence and Suppression Act, 2012, including the number of investigations and prosecutions carried out, convictions handed down and the specific penalties applied.
The Committee is raising other matters in a request addressed directly to the Government.
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