Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Articles 3 and 7, paragraph 1, of the Convention. Worst forms of child labour and penalties. Clause (a). All forms of slavery or practices similar to slavery. 1. Debt bondage, serfdom and forced or compulsory labour. The Committee had previously noted that article 34(1) of the Constitution prohibits all forms of child labour. It had noted that section 35 of the Labour Act of 2006 (Labour Act) prohibited debt bondage but only in respect of children under 14 years. It had reminded the Government that Article 3(a) of the Convention covers all forms of slavery or practices similar to slavery, such as the debt bondage of young persons under 18 years of age. The Committee notes the Government’s information that forced labour, including debt bondage, is strictly prohibited by the Constitution of Bangladesh and that, therefore, there is no forced labour found in any formal sector where the Labour Act applies. However, the Committee observes that prohibiting debt bondage in the Constitution does not entail specific penalties in case of a violation, whereas the Labour Act does. The Committee notes the Government’s information the necessary steps are being taken to incorporate the provisions of Article 3(a) into further amendments to the Labour Act. The Committee expresses the firm hope that the amendments to the Labour Act will include an explicit prohibition of debt bondage for children under 18 years of age, as well as sufficiently dissuasive penalties. It requests the Government to provide information on any progress made in this regard.

2. Forced or compulsory recruitment for use in armed conflict. Following its previous comments, the Committee notes 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. The Committee notes, however, that the Child Soldier Global Report of 2008 indicates that there is no legislation in Bangladesh governing the minimum age for recruitment and deployment, but that according to the Government, the minimum age for recruitment into the army and navy is 17 years, and 16 years for the air force. The Committee further notes that, 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, the Committee on the Rights of the Child expressed concern about the reportedly high number of children under 18 who are enrolled in the armed forces, while the consent of parents or legal guardians is not mandatory (except for recruitment in the Air Force) and there are no measures to ensure that recruitment of children under 18 is genuinely voluntary and well informed (CRC/C/OPAC/BGD/CO/1, paragraph 15). The Committee requests the Government to take immediate measures to ensure that the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is prohibited by national legislation, in accordance with Article 3(a) of the Convention. It requests the Government to provide information on the progress made in this regard.

Clause (b). Use, procuring or offering of child prostitution, for the production of pornography or for pornographic performances. The Committee had previously noted that the use, procuring or offering of a child under 16 years for “immoral purposes” is prohibited under section 6(1) of the Suppression of Violence against Women and Children Act (SVWCA). Moreover, the Committee had noted that section 5(1) and (2) of the SVWCA prohibits the use, procuring or offering of women (irrespective of their age) for prostitution or other “immoral purposes”. The Committee had observed that the SVWCA does 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. The Committee notes the Government’s information that the term “immoral purposes” includes pornography. It further notes the Government’s information that the necessary steps are being taken by the Ministry of Women and Children Affairs (MOWCA) to bring the SVWCA in line with the Convention. The Committee expresses the firm hope that the amendments to the SVWCA envisaged by the MOWCA include a prohibition of the use, procuring or offering of boys between 16 and 18 years for prostitution, for the production of pornography, or for pornographic performances. If not, it requests the Government to take immediate measures to ensure that such a prohibition is provided for in the national legislation. It requests the Government to provide information on the 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. Following its previous comments, the Committee notes the Government’s information that the production and trafficking of drugs are universally recognized illicit activities and are an unconditional worst form of child labour. As such, the Government indicates that it is committed to their prohibition. The Government therefore indicates that several policy measures were taken in this regard. However, the Committee notes once more that the use, procuring or offering of a child under 18 years for illicit activities do not seem to be prohibited by national legislation. It reminds the Government that, under the terms of Article 3(c) of the Convention, the use, procuring or offering of a child under 18 years for illicit activities, including for the production and trafficking of drugs, is prohibited and that, under Article 1 of the Convention, immediate and effective measures to prohibit this worst form of child labour must be taken as a matter of urgency. The Committee accordingly requests 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.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that section 40(3) of the Labour Act provides that the Government may, from time to time, publish in the Official Gazette the list of the types of hazardous work where no adolescent shall be employed. It had noted with interest the Government’s information that, under the ILO/IPEC Time-bound Programme (TBP), the Government is preparing a list of the types of hazardous work. The Committee notes that, according to the technical progress report of 22 February 2007 (TPR) for the TBP, the provisional list of hazardous work, prepared by representatives of the Government, employers, workers and the civil society during a the Regional Tripartite Workshop held from 11 to 13 July 2005, includes eight sectors: bidi (cigarette rolling) making, leather and tannery, manufacturing of matches, explosives and fireworks, cement manufacturing, child domestic labour, road transport, shipbreaking and mines. The Committee notes the Government’s information that the preparation of the list of various types of hazardous work is still in progress and that, as soon as it is adopted, after consultation of the Tripartite Consultative Council, it will be supplied to the Office. The Committee urges the Government to take necessary measures to ensure that the list of the types of hazardous work is adopted in the very near future. It requests the Government to supply a copy of this list as soon as it has been adopted.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee notes the Government’s information that, besides the regular inspections performed by the Labour Inspectorate, since 2006, operations have been undertaken by special inspection teams to ensure compliance in some export-oriented vulnerable sectors. The Government indicates that, through the efforts of inspection teams, the overall enforcement of child labour legislation in the formal sectors has progressively improved. The Committee notes that one of the objectives of the TBP is to establish a credible and comprehensive child labour monitoring and reporting mechanism. In that regard, the TPR for the TBP indicates that the Bangladesh Garments Manufacturers and Exporters Association (BGMEA) workplace monitoring system has emerged as one of the best models that can be replicated for similar formal sector workplaces, while a dual community-based workplace monitoring mechanism would be a tested, workable option for regulating the instances of child labour in rural and urban-based informal economies. Furthermore, the Committee notes that, within the framework of the ILO Decent Work Country Programme for Bangladesh
(2002–10), it is intended to establish a child labour monitoring unit (CLMU) to obtain regular information on child labour issues. The Committee requests the Government to provide information on the progress made in the establishment of workplace monitoring systems for both the formal and the informal sectors, as well of the CLMU. It also once again requests the Government to supply, with its next report, extracts of the inspection reports specifying the extent and nature of violations detected concerning children involved in the worst forms of child labour and, more particularly, in hazardous work.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. The Committee had previously noted that a number of ILO/IPEC projects to eliminate the worst forms of child labour have been launched in Bangladesh which especially focus on work in the informal economy and hazardous work (in particular in bidi (rolling cigarettes) factories; construction; leather tanneries; the making of matches). The Committee notes the Government’s statement that the first successful programme was implemented in the ready-made garments sector, where 10,500 children were removed and provided with non-formal education and vocational training, as well as with monthly stipends. The Government indicates that, with time and under the guidance and control of the National Tripartite Steering Committee, in collaboration with the Government and NGOs, the ILO/IPEC programmes were expanded progressively to both informal and formal sectors. The Government also indicates that the Ministry of Labour and Employment and ILO/IPEC are jointly implementing the TBP and have recently established the Child Labour Unit to monitor its implementation. The Committee further notes that the National TBP Framework sets the goal of eliminating the worst forms of child labour by 2015 and suggests a phased implementation of its programme/interventions, which are categorized under nine major “components”: national capacity building; awareness raising and advocacy; policy and legal reform; urban informal economy (UIE); rural informal economy (RIE); basic education; technical education; poverty reduction; and unconditional worst forms of child labour. The Committee requests the Government to provide information on the phased implementation of the TBP and the results achieved in eliminating the worst forms of child labour, more specifically in terms of the number of children prevented or withdrawn and rehabilitated from the worst forms of child labour through each of the nine components of the TBP.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Education. The Committee had previously noted that the Government was implementing the second phase of the National Plan of Action of Education for All (EFA), to make education compulsory, accessible and all-inclusive. Moreover, the Committee had noted that multiple donors fund the Primary Education Development Programme (PEDP II) which is aimed at enhancing the quality, access and efficiency of primary education.

The Committee notes that, according to the Regional Overview of South and West Asia for the UNESCO Education for All Global Monitoring Report of 2008 (UNESCO Global Monitoring Report), the net enrolment rate in primary education increased from 89 per cent in 1999 to 94 per cent in 2005. The UNESCO Global Monitoring Report also indicates that, as of 2005, the gross enrolment rate in lower secondary education was of 64 per cent, while the gross enrolment rate in upper secondary education was of 34 per cent. Furthermore, according to the Multiple Indicator Cluster Survey of 2006 (MICS), prepared by the Bangladesh Bureau of Statistics (BBS) in collaboration with UNICEF, the primary education net attendance ratio is of 81.3 per cent, while the secondary education net attendance ratio is of only 38.8 per cent. The Committee notes that, according to the UNESCO Global Monitoring Report, the gender parity goal is already achieved in Bangladesh, with a gender parity index of 1.03 in both primary and secondary education.

The Committee notes the Government’s information that it aims to achieve the UN Millennium Development Goals to ensure that, by 2015, all children will be able to complete primary education. It notes that, according to the TBP, the PEDP II aims to recruit about 35,000 new teachers, construct 30,000 classrooms, train 90,000 teachers, and supply free textbooks to students. The Committee further notes that, in 2005, the Department of Labour adopted a policy called “Non-Formal Education (NFE) Policy Framework” and created a new institution named “Bureau of Non-Formal Education (BNFE)” under the Ministry of Primary and Mass Education. The BNFE is responsible for overseeing the implementation of various non-formal education programmes in the country, including the recently approved second phase of the UNICEF “Basic Education for Hard-to-Reach Urban Working Children” project. This project aims at providing basic education with life skills training to 200,000 working children in six divisional cities.

The Committee considers that education contributes to preventing children from engaging in the worst forms of child labour. It urges the Government to redouble its efforts to ensure free basic education and to keep children in school, especially at the secondary education level. It requests the Government to provide information on the impact of the NFE and of the various non-formal education programmes, including the UNICEF project for hard-to-reach urban working children, on increasing school enrolment rates and reducing school drop-out rates. It also 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. 1. Child workers in the road transport sector. The Committee had previously noted that, according to the “Baseline survey on child workers in the road transport sector, 2003”, prepared by the BBS in March 2004, 85,600 children under 18 were engaged in road transport activities. It notes the Government’s information that child workers in the road transport sector are availing themselves of programmes of formal and non-formal education, as well as vocational training, offered by many NGOs. The Committee requests the Government to provide information on the number of child workers who were withdrawn from the road transport industry and rehabilitated through formal or non-formal education, or vocational training.

2. Children in the informal sector. The Committee notes that, according to the TPR for the project “Prevention and Elimination of Selected Worst Forms of Child Labour in the Informal Economy in Dhaka” of 7 March 2007, during the project duration, 4,648 children were fully withdrawn, and 3,007 children partially withdrawn, from exploitative work through the provision of educational services or training opportunities. The Committee further notes that, in the framework of the TBP, two of the nine components of intervention identified for the ILO/IPEC-led Project of Support to the TBP (TBP-POS) are the Urban Informal Economy and the Rural Informal Economy. In this regard, it is intended to implement a TBP-Urban Informal Economy programme (TPB-UIE). The TBP-UIE limits its coverage to Dhaka Metropolitan, so as enable the programme to develop and demonstrate a potentially viable model for the prevention and elimination of the worst forms of child labour in the urban informal economy that could be expanded or replicated to other metropolitan areas in Bangladesh. The Committee also notes that a TBP-Rural Informal Economy (TBP-RIE) programme is being elaborated. The Committee requests the Government to provide information on the implementation of the TBP-UIE and on the elaboration of the TBP-RIE, and on the results achieved pursuant to those programmes in terms of the number of children withdrawn from the worst forms of child labour in the urban and rural informal economy sectors.

3. Street children. The Committee had previously noted that, according to the Baseline survey of street children in Bangladesh of 2003, Bangladesh counts 2,500 street children of which 97 per cent are boys. According to this survey, more than 57 per cent of street children reported that they fell sick and 48 per cent were injured while working. The Committee had noted that through educational and welfare activities carried out by various national and international NGOs, a good number of street children were barred from work. It further notes the Government’s information that the TBP-UIE project, which is under implementation by the Ministry of Labour and Employment, aims to contribute to the elimination of the worst forms of child labour in the urban informal sector, including children living and working in the streets. Considering that street children are particularly exposed to the worst forms of child labour, the Committee requests the Government to provide information on the number of street children who are effectively withdrawn from the worst forms of child labour as a result of the educational and welfare activities carried out by NGOs, as well as through the implementation of the TBP-UIE, and then rehabilitated and socially integrated.

Article 8. Elimination of poverty. The Committee had previously noted that one component of the TBP on eliminating the worst forms of child labour, launched in June 2004, is to improve the knowledge base on the links between poverty, population and various forms of child labour that will aid in formulating development policy and anti-poverty programmes so that they reduce child labour, especially the worst forms. The Committee notes that, according to the Decent Work Country Programme for 2006–10 (DWCP), the Poverty Reduction Strategy Paper (PRSP), prepared in 2005, is the cornerstone of the Government’s national development framework for meeting the Millennium Development Goals by 2015. The PRSP provides a comprehensive medium-term strategy aiming at rapid poverty reduction through eight medium-term strategic agendas that cover employment, nutrition, quality education, local governance, maternal health, safe water and sanitation, criminal justice and monitoring. The Committee notes the Government’s information that the PRSP, along with the National Plan of Action for Children (2005–10), has had a very positive impact towards the elimination of child labour. The Government further indicates that the second phase of the PRSP, for 2009 to 2011, is currently in progress. Considering that poverty reduction contributes to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee requests the Government to provide more concrete information on any notable impact of the PRSP and of the DWCP towards eliminating the worst forms of child labour.

Part V of the report form. Application of the Convention in practice. The Committee notes that, according to the TPR for the TBP, the Bangladesh Bureau of Statistics conducted thirteen research studies on different thematic areas under the TBP Preparatory Phase, including education, poverty reduction, social mobilization and labour protection. The Committee requests the Government to provide the statistical data collected through these research studies. It also once again requests the Government to provide, in its next report, information on the worst forms of child labour, including statistical information on the extent and trends of those forms of child labour and the number of children covered by the measures giving effect to the Convention.