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Comments adopted by the CEACR: Bangladesh

Adopted by the CEACR in 2021

C029 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i) Legal framework and law enforcement. The Committee previously noted the adoption of the three implementing rules to the Prevention and Suppression of Human Trafficking Act, 2012, as well as the adoption and implementation of the National Plan of Action for Combating Human Trafficking (NPA). The Committee, however, referring to the statistical information contained in the Government’s replies to the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), observed that while there was an increase in the number of trafficking investigations and prosecutions and the measures undertaken for the protection of victims, the number of convictions were low.
The Committee notes the Government’s information in its report that from January to December 2020, 7,248 cases of trafficking in persons were filed. Out of the cases filed, 527 cases are under investigation with 411 persons being charged for the offences of trafficking and a conviction with a sanction of life imprisonment was secured in one case. In this regard, the Committee notes that according to the information from a news release of 2019 by the International Organization for Migration (IOM) entitled “Human trafficking in the coastal belt”, human trafficking is a major challenge in Bangladesh, with the coastal belt and the borders along India being some of the most vulnerable locations. Furthermore, the same report indicates that 50,000 women and children are trafficked to India each year. The Committee also notes from a report of March 2020 from the United Nations Office on Drugs and Crime that Cox’s Bazar (refugee settlement) is considered as one of the hotspots for human trafficking in Bangladesh, and the Bay of Bengal is a major trafficking route by sea. The Committee notes that, in its concluding observation of August 2019, the UN Committee against Torture (CAT), expressed concern that a vast majority of trafficking victims choose not to pursue cases against their traffickers, often because of fear of retaliation and intimidation, as many do not believe that they will receive effective protection from the police. The CAT also expressed concern at the reported cases in which Bangladeshi border guards and military and police officials have been involved in facilitating the trafficking of Rohingya women and children. Moreover, to date the Bangladesh High Court has refused to entertain anti-trafficking cases filed by Rohingya and the authorities have failed to open investigations (CAT/C/BGD/CO/1, paragraph 40). Noting with concern the low number of investigations and convictions for cases of trafficking in persons, the Committee urges the Government to take the necessary measures to ensure that all persons who engage in trafficking and related offences, including complicit officials, are subject to thorough investigations and prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to take the necessary measures to strengthen the capacities of the law enforcement officials, including labour inspectors, prosecutors and judges, particularly by providing appropriate training. The Committee also requests the Government to continue to provide information on the application in practice of the Prevention and Suppression of Human Trafficking Act, supplying information on the number of investigations carried out, and convictions and penalties imposed.
(ii) National plan of action and awareness-raising measures. The Committee notes the Government’s information that two National Plan of Actions for Combating Human Trafficking from 2012 to 2014 and 2015 to 2017 have been successfully implemented and a new National Plan of Action (NPA) for Suppression and Prevention of Human Trafficking 2018-2022 has been adopted. According to the Government’s report, the NPA 2018-22, has integrated the strategies and actions provided for in the 7th Five-Year Plan, which is aligned with the implementation of the sustainable development goals. This NPA focuses on five areas of action, namely (1) prevention of human trafficking; (2) holistic protection of trafficking victims; (3) prosecution of traffickers; (4) partnership and cross-country legal assistance and (5) monitoring and evaluation. The National Committee against Human Trafficking under the Ministry of Home Affairs is the authority responsible for coordinating, monitoring and evaluating the implementation of the NPA, and several Counter Trafficking Committees are established at the district and subdistricts for its implementation.
The Committee also notes the Government’s indication that in 2020, the Bangladesh Police conducted 235 training programmes on trafficking in persons which were attended by a total of 38,793 officials and conducted awareness-raising programmes for 892,051 persons. Moreover, the Border Guards of Bangladesh (BGB) conducted 46,872 awareness-raising programmes in the border areas in 2020. The Committee requests the Government to continue providing information on the activities undertaken by the Police and the Border Guards in combating trafficking in persons, including the training and awareness-raising activities relating to trafficking. It further requests the Government to provide information on the concrete measures taken within the framework of the NPA 2018–22 to prevent trafficking in persons and the results achieved.
(iii) Identification and protection of victims. The Committee notes the Government’s information that the Bangladesh Police has set up a two-tier monitoring cell, one at the Police headquarters in each district which closely monitors all cases related to trafficking in persons; and one headed by the Additional Superintendent of Police which oversees the functions of the 64 district monitoring cells. It also notes the Government’s information that the Rescue, Recovery, Repatriation and Integration (RRRI) Task Force coordinates the initiatives to stop the cross-border trafficking of persons and a Standard Operating Procedure (SOP) was developed in this regard. The Committee further notes that in 2020, the Border Guards rescued 452 women, 191 children and 1045 men who were being trafficked abroad through different borders and the Coast Guard Force rescued 10 women, 10 men and 9 children from traffickers who were illegally travelling to Malaysia by sea route on 8 December 2020. The Government further indicates that victims rescued from trafficking are taken to shelter homes and are provided with medical assistance and psychosocial counselling. The Committee requests the Government to continue providing information on the measures taken by the RRRI, the Bangladesh Police, the Border and the Coast Guards of Bangladesh for the identification and protection of victims of trafficking, as well as the number of victims identified and rehabilitated.
2. Forced labour practices. The Committee previously noted that pursuant to section 9 of the Prevention and Suppression of Human Trafficking Act, 2012, 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. It noted that the CMW, in its concluding observations of 2017, expressed concern at undocumented nationals of Myanmar working in Bangladesh, including children, who are frequently subject to sexual and labour exploitation, including forced labour, and Indian migrant workers who are subject to debt bondage in the brick kiln sector (CMW/C/BGD/CO/1, paragraph 31). In this regard, noting the Government’s information that no cases of forced or compulsory labour had been detected, the Committee requested 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 notes with regret that the Government has not provided any relevant information in this regard. It notes, however, that the CAT, in its concluding observations of 2019, expressed concern at the reports of more than 100 cases in which the Rohingya have been subjected to forced labour within Bangladesh (CAT/C/BGD/CO/1, paragraph 40). Moreover, the UN Committee on Economic, Social and Cultural Rights, in its concluding observations of 2018, expressed concern at the repeated reports of continuing abuse and exploitation, and poor conditions, in workplaces, particularly in the garment industry (E/C.12/BGD/CO/1, paragraph 33(c)). The Committee urges the Government to take the necessary measures to ensure that all workers, including refugees, are fully protected from abusive practices and working conditions that amount to forced labour. It requests the Government 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 on the application in practice of section 9 of the Prevention and Suppression of Human Trafficking Act, 2012, including the number of investigations and prosecutions carried out, convictions handed down and the specific penalties applied for the offences related to forced labour and debt bondage.
The Committee is raising other matters in a request addressed directly to the Government.

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. For many years, the Committee has been referring to certain provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, which impose restrictions on termination of employment by any person employed by the central Government and in essential services, punishable with sanctions of imprisonment. It noted the Government’s information that the above Acts entitle the Government to restrict the sudden termination of the labour relation with an employee only if he/she is engaged in such employment or class of employment which is deemed as essential to the Government, aimed at ensuring the delivery of certain services, which if obstructed would affect the normal life of the people. However, the Committee observed that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, prohibit the termination of employment by workers in essential services without the previous consent of the employer, even if a notice has been given. The Committee therefore requested the Government to repeal the abovementioned provisions so as to bring national legislation into conformity with the Convention.
The Committee notes the Government’s information in its report that the provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958 have never been used in practice. Moreover, section 27 of the Labour Act, 2006 ensures the freedom for all workers to terminate their employment with notice. Referring to paragraph 290 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls, that without being limited to cases of emergency within the meaning of Article 2(2)(d) of the Convention, statutory provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention. While having noted that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, are not being applied in practice, the Committee expects that the appropriate measures will be taken in the near future in order to formally repeal these provisions, so as to bring the national legislation into conformity with the Convention and indicated practice.

C059 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Application of the Convention in practice. In its previous comments, the Committee noted the information provided by the Government on the various measures taken for the effective abolition of child labour, as well as the adoption of a list of 38 types of hazardous work prohibited to children under 18 years of age. In addition, free school books and financial assistance in the form of stipends or tuition fees were provided by the Government which benefitted a total of 3,250,563 children. The Committee further noted the Government’s information on the impact of these measures, such as an increase in the net enrolment rate at the primary level and a decrease in the primary school drop-out rate. The Committee, however, noted that according to the Child Labour Survey of 2013, of the 3.45 million children between 5 and 17 years who were working, 1.7 million children were involved in child labour with the manufacturing sector dominating (33.3 per cent in child labour). It urged the Government to strengthen its efforts to eliminate child labour in the sectors covered by the Convention.
The Committee notes with interest the Government’s information in its report that six sectors were declared child labour free in February 2021, such as the tannery, glass, ceramic, ship recycling, export oriented leather goods and footwear and silk sectors, in addition to the garment and shrimp sectors which was earlier declared as child labour free. The Committee also notes the Government’s information that in order to improve labour inspection, the Department of Inspection for Factories and Establishments (DIFE) was restructured and upgraded by increasing the number of inspectors to 575 and establishing new offices in 23 districts and by increasing the budget by 452 per cent in the fiscal year 2020–21. The Government also indicates that in 2020-21, a total of 47 in-house training programmes for labour inspectors were organized with a participation of about 988 inspectors. During 2020-2021, a total of 47,361 inspection visits were carried out by the DIFE, and a total of 1421 cases were filed against the employer, of which 98 cases were related to the violation of section 34 (prohibition of employment of children and adolescent) of the Employment Act. Moreover, with the assistance of the ILO, a mobile and web-based application namely “Labour Inspection Management Application (LIMA)” has been developed and around 8367 inspections were carried out in 2020-2021 using this application.
The Committee also notes from the draft National Plan of Action (NPA) for the Elimination of Child Labour 2021-25 document that the Seventh Five year Plan (SFYP) 2016-20 under its inclusion strategy addresses child labour and calls for effective measures to reduce child labour. The Committee takes due note of the information that the Ministry of Labour and Employment has also identified actions beyond SFYP, which include the preparation for the ratification of the ILO Minimum Age Convention, 1973 (No. 138). The Committee encourages the Government to continue its efforts to eliminate child labour in the sectors covered by the Convention, including through strengthening the capacities of the labour inspectors in identifying and monitoring child labour. It requests the Government to provide information on the concrete measures taken within the framework of the NPA for the Elimination of Child Labour 2021-25 and the results achieved. The Committee also requests the Government to continue to provide updated statistical information on the extent of child labour in the sectors covered by this Convention, as well as on the practical application of the Convention, including reports of inspection services, number and nature of violations reported and penalties applied.

C081 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, referring to the matters addressed below, and requests the Government to provide its comments in this respect.
The Committee notes that the complaint submitted in 2019 under article 26 of the ILO Constitution, concerning non-observance by the Government of Bangladesh of the Convention as well as of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), is pending before the Governing Body. At its 343rd Session (November 2021), taking note of the road map of actions submitted by the Government on 23 May 2021 and the report submitted by the Government on 30 September 2021, on the progress made with regard to its timely implementation, the Governing Body: (i) requested the Government to inform it of progress made in the implementation of the road map to address all the outstanding issues mentioned in the article 26 complaint at its 344th Session (March 2022), during which the Governing Body will again discuss the implementation of the roadmap; and (ii) deferred the decision on further action in respect of the complaint to its 346th Session (November 2022).
The Committee takes note of the additional information provided by the Government on 30 September 2021 on the progress made in the implementation of the roadmap to address all the outstanding issues mentioned in the article 26 complaint.
Legislative developments. The Committee takes note that, in the additional information provided concerning the implementation of the first priority area of the road map of actions (labour law reform), the Government details the progress made and envisaged with respect to the amendment of the Bangladesh Labour Rules (2015), the Bangladesh Labour Act (2006) (BLA), the Export Processing Zones (EPZs) Labour Act (2019), as well as to the adoption of the EPZs Labour Rules. The Committee requests the Government to adopt measures in order to ensure that the ongoing legislative reform process will take into account the outstanding issues addressed below as well as in the direct request to the Government, with a view to ensuring conformity of the legal framework with the Convention. The Committee requests the Government to provide detailed information on any progress made in this respect.
Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and special economic zones (SEZs). The Committee previously noted: (i) that Chapter XIV of the EPZs Labour Act provides for inspections to be undertaken by the Directorate of Inspection for Factories and Establishments (DIFE) in the EPZs; (ii) the ongoing consultations with workers, investors and relevant stakeholders to see how labour inspections undertaken by the DIFE can best be integrated with the existing supervision exercised by the Bangladesh Export Processing Zones Authority (BEPZA); and (iii) that under section 168 of the EPZs Labour Act, DIFE inspectors are allowed to undertake inspections but a prior approval of the Executive Chairman of the BEPZA is required. The Committee notes the Government’s indication that the development of inspection modalities for EPZs is ongoing and that, to this effect, a further meeting is expected to be held between the DIFE and the BEPZA to follow up on their last meeting held on 16 February 2021. The Committee further notes the Government’s indication that labour inspectors of the DIFE are regularly inspecting factories in EPZs without obstacles and in most cases without prior notice (inspections have been undertaken in nine factories between March and May 2021). Furthermore, the Committee takes note of the Government’s indication that the Bangladesh SEZs Authority (BEZA), which controls and supervises SEZs, will take all the necessary measures for the effective inspection of SEZs in accordance with Chapter XIV of the EPZs Labour Act (which provides for inspections by the DIFE). The Committee requests the Government to continue to provide information on the outcome of the abovementioned discussions on the development of DIFE inspection modalities for EPZs. Noting the absence of information on any progress made in this regard, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are empowered to enter freely establishments in EPZs and SEZs without any restrictions, such as the approval required from the Executive Chairman of the BEPZA for the undertaking of inspections, pursuant to section 168 of the EPZs Labour Act. In this respect, the Committee once again requests the Government to provide information on the nature and the modalities of the above mentioned approval of the BEPZA, including whether a separate request is required before each inspection, and if so, the number of requests made, the number approved, the time elapsed between each request and approval, and any reasons given for each failure to approve. It also requests the Government to provide statistical information on the labour inspections undertaken in EPZs and SEZs that are in operation, disaggregated into inspections by the DIFE and inspections under the BEPZA and the BEZA, including the overall number of inspections undertaken, the number and nature of all violations detected and the measures taken as a result.
Article 6. Status and conditions of service of labour inspectors. With regard to its previous comments, the Committee notes the Government’s statement in the additional information that the approval process of the proposal providing for the creation of new posts of labour inspectors is already underway and that a meeting was held on 31 August 2021 in the Ministry of Public Administration (MOPA) to assess that proposal. The Government also states that, upon clearance from all the Ministries involved in the approval process, this matter will be referred to the Bangladesh Public Service Commission (BPSC) (responsible for the selection of public service workers) for initiating the recruitment process. The Government specifies in its report that the number of labour inspector posts to be created will depend on the approval of the concerned Ministries. The Committee also notes the Government’s indication that new positions for 4 inspector generals, 12 joint inspector generals, 51 deputy inspector generals and 288 assistant inspector generals have been included as part of the proposal submitted to the MOPA. The Government indicates that, if approved, this will create more promotion opportunities for labour inspectors, and it further states that conditions of service for labour inspectors are the same as for other Government employees. The Committee also notes the observations of the ITUC that despite Government commitments in prior years to increase substantially the number of labour inspectors, there were 312 filled inspector posts and 221 vacant posts as of March 2019. The Committee requests the Government to provide information on the career structure of the DIFE, including levels and positions as well as the number of appointments made at each position. The Committee requests the Government to continue to provide information on any progress made in the process of creation of new posts and the recruitment of labour inspectors. Noting the absence of information in this regard, the Committee requests once again the Government to provide information on the attrition rate among inspectors at different professional levels. Finally, the Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.
Articles 7, 10, 11 and 16. Human and material resources of the labour inspectorate. Frequency and thoroughness of labour inspections. The Committee takes note that, in reply to its previous comments on the number of labour inspectors, the Government informs that: (i) the DIFE organigram consists of 993 posts, among which 575 are for labour inspectors; (ii) currently, 313 labour inspectors work in the DIFE; (iii) following a request from the DIFE, the recruitment process of 108 inspectors to fill vacant posts is underway; and (iv) due to the COVID-19 pandemic, the normal recruitment process is elongated and many of the public examinations are on hold. The Committee also notes the Government’s additional information that the BPSC has recommended to fill 99 of the 108 vacant posts requested by the DIFE, and that the Government is working on the preparation of a list of qualified inspectors to be promoted to the next upper level. Moreover, the Committee takes note that the labour inspection report of 2020–21 indicates that 14 labour inspectors (health) have joined in the DIFE and that 11 officers and staffs of different grades have retired and left from their jobs in this period. Furthermore, the Committee also notes the Government’s information that 47,361 labour inspection visits were carried out between 2020 and 2021. The Committee requests the Government to continue to provide information on the number of labour inspectors working at the DIFE and to provide information on any progress made in filling the 108 vacant posts, as well as on any other measures taken or envisaged to fill all of the remaining vacant posts. The Committee also requests the Government to provide information on the promotion of labour inspectors to senior posts, as well as on any specific measures taken to fill the posts left vacant because of those promotions. It also requests the Government to continue to include, in the labour inspection annual report, information on the number of labour inspection visits carried out, disaggregated by sector.
Furthermore, the Committee also notes the up-to-date information provided by the Government, in reply to its previous comments, on the training provided to labour inspectors (including the number of participants and subjects covered by in-house training programmes between 2020 and 2021). It also notes that, according to the information provided by the Government, the number of computers with internet connections increased from 80 in 2019 to 425 in December 2020 and that labour inspectors were equipped with 425 Android tablets to use during inspections. The Committee also notes that the number of vehicles allocated to the labour inspection service remained the same as in 2019. The Committee also notes an increase in the budget allocated to the DIFE, from 418.5 million taka in 2019–20 to 445 million taka in 2020–21. The Committee takes note that, in its observations, the ITUC indicates that inspectors suffer from logistic and transport shortages to carry out their duties properly, especially considering the additional inspection duties gained by the DIFE with regard to EPZs and SEZs. The Committee requests the Government to provide its comments in this respect.
Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. In relation to its previous comments, the Committee notes the Government’s indication that: (i) the confidentiality of the complaint and the anonymity of the complainants are ensured, where applicable; (ii) according to the standard operating procedure on labour complaints investigation, adopted in 2020, a minimum of 50 per cent of the regular inspections are unannounced; and (iii) generally, all the special inspections (such as accident investigations and complaint investigations, among others) are unannounced, except where the presence of witnesses or certain documentation are required. The Committee notes that, pursuant to Article 15 of the Convention, exceptions on confidentiality are understood to require particular justification, with strict standards applied in this respect. The Committee requests the Government to take specific measures to ensure that labour inspectors treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint. Noting the absence of information in this regard, the Committee once again requests the Government to provide specific information on the number of unannounced inspection visits and those undertaken with prior notice, disaggregated by ready-made garment factory, shop, establishment, and other factories, as well as statistical information on the outcome of those visits, disaggregated in the same manner.
Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. With regard to its previous comments, the Committee notes that the Government once again reiterates that there is one legal officer at the DIFE responsible for the follow-up of labour law violations detected by labour inspectors, and that there is a plan to establish a legal unit at the DIFE, which is proposed to be composed of nine legal officers (less than the 17 legal officers previously mentioned by the Government). The Committee takes note of the Government’s additional information that the creation of new posts for a legal unit has already been requested by the DIFE to the MOPA. Furthermore, the Committee also notes the ITUC’s indication that fines for violations under the BLA remain too low to be dissuasive and are not enforced due to the lengthy legal process and to corruption. The ITUC also indicates that little data is available on the extent to which fines or penalties are imposed and that criminal proceedings for violations of the BLA are rare. The Committee requests the Government to continue to provide information on the progress made to establish a legal unit at the DIFE, indicating the number of staff and their functions, and to provide information on any other measures taken or envisaged to improve the proceedings for the effective enforcement of legal provisions. While noting the absence of information in this regard, the Committee once again requests the Government to provide information on: (i) any measures introduced or envisaged to ensure that penalties for labour law violations are sufficiently dissuasive; and (ii) the specific outcome of the substantial number of cases, indicated by the Government in the labour inspection report, that are referred to the labour courts (such as the imposition of fines, the amounts collected from fines imposed, and also sentences of imprisonment) and to specify the legal provisions to which they relate. Finally, the Committee requests the Government to provide up-to-date information on the number and nature of violations detected.
The Committee is raising other matters in a request addressed directly to the Government.
[The Government is asked to reply in full to the present comments in 2022.]

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee takes note of the additional information provided by the Government on 30 September 2021 on the progress made in the implementation of a roadmap to address all the outstanding issues mentioned in a complaint pending under article 26 of the ILO Constitution.
Legislation. The Committee notes the information provided by the Government in its report on the adoption of several instruments concerning the work carried out by the labour inspectorate, such as the escalation (compliance) protocol for remediation adopted in 2019 and the standard operating procedures adopted in 2020 on labour inspection, labour complaints investigation, approval of factory layout plan, registration and licensing of organizations, and investigation of occupational accidents. The Committee requests the Government to provide a copy of each of these instruments.
Articles 2, 3(1)(a) and (b), 5(a) and (b), 13, 17 and 18 of the Convention. Inspection activities to improve occupational safety and health (OSH) standards in the Ready-Made Garment (RMG) sector. With regard to its previous comments on the capacity of the competent public authorities to assume the monitoring of fire, electrical and structural safety in factories previously covered by the ALLIANCE and ACCORD initiatives, the Committee notes the Government’s indication that: (i) the Bangladesh worker safety initiative called NIRAPON was founded in 2019 with the aim of building upon the work of the ALLIANCE, which ceased its operations in December 2018 and that NIRAPON moved to North America and continues its operations from there; and, (ii) the ACCORD initiative ceased operations in May 2020 and its functions have been taken over by the ready-made garment (RMG) Sustainability Council (RSC). The Committee also takes note of the Government’s additional information that the Ministry of Public Administration (MOPA) is holding discussions with the ILO on the outline of a framework on how the Department of Inspection for Factories and Establishments (DIFE) and the RSC could collaborate for monitoring building safety in the RMG sector. The Committee requests the Government to provide information on the work carried out by the NIRAPON initiative and the RSC, specifying the extent to which they monitor fire, electrical and structural safety in all factories previously covered by the ALLIANCE and the ACCORD, and indicating the number of inspections undertaken by each of the above-mentioned initiatives, the number and nature of corrective actions requested by each initiative, and the results of such corrective actions including – if there are factory closures – any measures to provide severance or new job prospects for affected workers. Concerning the NIRAPON initiative, the Committee requests the Government to indicate how it carries out its monitoring activities in practice while being based outside the country. The Committee also requests the Government to continue to provide information on any progress made in the development of a framework for coordinated monitoring of building safety in the RMG sector between the RSC and the DIFE.
As to its previous comments on progress towards the establishment of the Industrial Safety Unit (ISU) within the DIFE, the Committee notes the Government’s indication that a proposal to turn the Remediation Coordination Cell (RCC), which is responsible for monitoring the remediation work in all factories under the NATIONAL initiative, into a permanent ISU, has already been submitted by the DIFE and is pending approval by the MOPA. The Committee requests the Government to continue to provide information on any progress made in the establishment of the ISU within the DIFE.
Moreover, the Committee notes the information provided by the Government on the work of the NATIONAL initiative, particularly on the fact that a number of factories that fell within its scope are now closed or monitored under other initiatives or authorities (629 factories are closed, 13 joined a private initiative and 12 are under the Bangladesh Export Processing Zones Authority). The Committee also notes the Government’s indication that 101 factories have relocated or shifted building and 794 factories are undergoing follow-up by the RCC. In this respect, the Government specifies that the overall progress of the factory remediation is at 48 per cent as of June 2021. The Committee also notes from publicly available information that the escalation (compliance) protocol for remediation of 2019 aims at expediting remedial actions in the RMG factories inspected under the NATIONAL initiative. The Committee requests the Government to continue to provide information on the number of factories covered by the NATIONAL initiative as well as the number of factories undergoing follow-up by the RCC that have taken remedial actions. It also requests the Government to provide information on the implementation of the escalation (compliance) protocol for remediation of 2019 as well as its results, including the number and nature of measures adopted. Lastly, noting the absence of the information on this respect, the Committee once again requests the Government to provide information on the increase in the number of staff in the Government bodies responsible for the monitoring of fire, electrical and structural safety and their expertise or specialist qualifications and training, as well as on the number of inspections undertaken by these bodies and the corrective action requested.
Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that, in reply to its previous comments on the conciliation procedure under the responsibility of the DIFE, the Government provides information on the development of the conciliation procedure regarding the payment of wages and other benefits as provided for in section 124a (payment of dues including wages through conciliations) of the Bangladesh Labour Act and section 113 (reconciliation about the wage and other dues) of the Bangladesh Labour Rules. Noting once again the absence of information in this regard, the Committee requests the Government to provide specific information on the proportion of time devoted to conciliation and mediation regarding the payment of wages and other benefits by indicating the number of complaints submitted and the number of conciliation and mediation procedures undertaken as a result.
Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes that, in response to its previous comments on the steps taken to improve the system for notifying the labour inspection services of industrial accidents and cases of occupational disease, the Government states that: (i) the reporting system on occupational accidents and diseases has been digitalized and integrated as a module in the Labour Inspection Management Application (LIMA), which is being upgraded; and, (ii) a technical standard operating procedure on occupational disease is currently being developed for the inspectors. The Committee takes note of the Government’s additional information that the LIMA is currently being used at all the district offices of the DIFE and that inspections are already being undertaken using this system. The Committee requests the Government to provide further information on the functioning of the digital reporting system on occupational accidents and diseases of the LIMA, including any impact that it may have on the collection of statistics of industrial accidents and cases of occupational diseases. It also requests the Government to provide information on any progress made in the development of a technical standard operating procedure on occupational disease for labour inspectors. Furthermore, noting the absence of information in this regard, the Committee once again requests the Government to provide an assessment on the reasons for the underreporting of industrial accidents and the lack of reporting of any cases of occupational disease, to which the Committee referred in its previous comments. Finally, the Committee also requests the Government to indicate whether consideration is being given to providing for sufficiently dissuasive penalties for non-compliance with reporting obligations in relation to cases of occupational disease.
Articles 20 and 21. Publication and communication of annual labour inspection reports necessary to evaluate the effectiveness of the labour inspection system. Availability of inspection statistics in relation to all sectors. With regard to its previous comments on further information on the establishment of a register of all workplaces liable to inspection, the Committee notes that the Government indicates that the process is ongoing to regularly update the information of the database of workplaces liable to inspection, which is available on the website of the DIFE, through registrations and licensing requests made in the LIMA. Lastly, the Committee notes with interest that the labour inspection reports for 2018, 2019 and 2020 have been published on the website of the DIFE. The Committee requests the Government to continue to provide information on any progress made with regard to the establishment of a register of all workplaces liable to inspection. Noting that the annual labour inspection reports partially address the matters specified in Article 21 of the Convention, the Committee requests the Government to pursue its efforts to ensure that the future annual labour inspection reports deal with all the matters specified in the abovementioned article, including with regard to: statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics of occupational diseases (Article 21(g)).
[The Government is asked to reply in full to the present comments in 2022.]

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Sanctions involving an obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. Penal Code. The Committee previously noted section 124A of the Penal Code, which provides that whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law shall be punished with imprisonment for life or any shorter term, to which a fine may be added, or with imprisonment which may extend to three years, to which a fine may be added, or with a fine. The Committee observed that according to section 53 of the Penal Code, rigorous imprisonment and imprisonment for life involve compulsory hard labour, while simple imprisonment does not involve an obligation to work. Observing that section 124A provides for sanctions involving compulsory labour, the Committee requested the Government to take the necessary measures to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views, or views opposed to the established system.
The Committee notes that the Government, in its report, reiterates its statement that the Penal Code does not interfere in the employer–worker relations and is applied to impose penalties on acts of violence or incitement to violence or engagement in acts aimed at violence which goes beyond the scope of application of the Convention. It also states that there are no cases where penalties involving compulsory labour are imposed for the peaceful expression of political views, or views opposed to the established political system.
The Committee recalls that the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition of penalties which may involve compulsory labour. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with civil liberties, and not limited to employer–worker relations. The range of activities which must be protected from punishment involving compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. However, the protection provided for by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraphs 302 and 303 of the 2012 General Survey on the fundamental Conventions). In this connection, the Committee observes that, by referring to “incitement to contempt or disaffection towards the Government”, section 124A of the Penal Code is worded in terms broad enough to lend itself to application as a means of punishment for the expression of views, and in so far as it is enforceable with sanctions involving compulsory labour, it falls within the scope of the Convention.  The Committee therefore once again requests the Government to take the necessary measures to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views, or views opposed to the established system, by clearly restricting the scope of section 124A of the Penal Code to situations connected with the use of violence or incitement to violence, or by repealing sanctions involving compulsory labour. The Committee requests the Government to provide information on the application of this section in practice, including on prosecutions conducted, court decisions handed down, penalties imposed and the facts that led to convictions.
The Committee is raising other matters in a request addressed directly to the Government.

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that section 57 of the Information and Communication Technology Act of 2006 (ICT Act) criminalizes several forms of online expression, including defamation, expressions tarnishing the image of the State or an individual and statements hurting religious sentiments with sanctions of imprisonment.
The Committee notes that section 57 of the ICT Act has been repealed by the Digital Security Act of 2018 which replicates the above provisions under sections 25, 28 and 29. While noting that the violation of these provisions continues to be punishable with sanctions of imprisonment, the Committee observes that the Act refers to simple imprisonment which, pursuant to section 53 of the Penal Code, does not involve an obligation to work, contrary to rigorous imprisonment and imprisonment for life, which involve compulsory hard labour.
Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously referred to sections 198 and 199 of the Merchant Shipping Ordinance (No. XXVI of 1983), which provide for the forcible conveyance of seafarers on board ship to perform their duties. It noted the Government’s information that it has initiated a project to review the Merchant Shipping Ordinance in order to bring it into line with the Maritime Labour Convention, 2006, also ratified by Bangladesh.
The Committee notes the Government’s information in its report that the revision of the Merchant Shipping Ordinance is in its final stage. The Committee urges the Government to take the necessary measures, in the context of the review of the merchant shipping legislation, to amend or repeal sections 198 and 199 so as to ensure that seafarers will not be forcibly conveyed on board ship to perform their duties, except in situations of danger for the ship or the life or health of persons. It also requests the Government to provide information on any progress made in this regard, and a copy of the Merchant Shipping Ordinance, once revised.
Article 1(d). Penalties involving compulsory labour as a punishment for participation in strikes. The Committee previously referred to sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963), under which the Government may prohibit strikes by employees of the Government or of a local authority in the interest of public order. The Committee observed that violations of such provisions are punishable with rigorous imprisonment, which involves compulsory hard labour.
The Committee notes the Government’s reiterated indication that the 1963 Ordinance was adopted with a view to improving the administrative system and does not interfere in the employer-worker relations. The Government also states that the implementation of this Convention is in no way hampered by the Services (Temporary Powers) Ordinance (No. II of 1963). The Committee once again recalls that Article 1(d) of the Convention prohibits the use of any form of compulsory labour, including compulsory prison labour, as a punishment for having participated in a strike. Referring to paragraph 314 of its 2012 General Survey on the fundamental Conventions, the Committee emphasizes that a suspension of the right to strike enforced by sanctions involving compulsory labour can only be compatible with the Convention in so far as it is necessary to cope with cases of force majeure in the strict sense of the term – namely, when the existence or well-being of the whole or part of the population is endangered – provided that the duration of the prohibition is limited to the period of immediate necessity.  The Committee therefore urges the Government to take the necessary measures in order to bring sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963) into conformity with the Convention. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the application of the above provisions in practice, including any prosecutions carried out or court decisions handed down, indicating the penalties imposed and the facts that led to convictions.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 3(a), 5 and 7(1) of the Convention. Worst forms of child labour, monitoring mechanisms and penalties. Sale and trafficking of children. The Committee previously noted the establishment of an Anti-Human Trafficking Offence Tribunal at the district level wherein the offences under the Prevention and Suppression of Human Trafficking Act No. 3 of 2012 (Trafficking Act) shall be tried. While observing that the Government did not provide statistics related to the number of penalties imposed on persons found guilty of child trafficking specifically, the Committee noted from the 2016 UNODC Global Report on Trafficking in Persons, that 232 child victims of trafficking were identified by the police between May 2014 and April 2015. It also noted from the list of issues of 14 February 2017 under the International Covenant on Civil and Political Rights (ICCPR), that the Human Rights Committee pointed out that there seemed to be numerous acquittals in human trafficking cases for the number of prosecutions.
The Committee notes the Government’s information in its report that the Police has set up two tiers of monitoring cells, namely the Human Trafficking Monitoring Cell at the Police Headquarters in each district and a Monitoring Cell headed by the Additional Superintendent of Police which has been monitoring, guiding and liaising with the district level monitoring cells. A Trafficking in Human Beings (THB) Cell has also been set up in the Criminal Investigation Department (CID) of the Bangladesh Police to monitor the investigation of human trafficking cases and to provide necessary instructions and guidance to the field level officers. Moreover, an ‘Integrated Crime Data Management System’ (CDMS) has been set up at the Monitoring Cell in Police Headquarters where relevant statistics on human trafficking cases are regularly preserved and analysed. According to the statistical information provided by the Government concerning cases of trafficking in persons, from 2018 to 2020, a total of 715 cases of trafficking were reported, which included cases involving the trafficking of 182 children. It further states that, as of June 2021, 554 cases are under investigation while 4,945 cases are pending trial before the tribunal. The Committee once again observes that the Government has not provided any specific information concerning the investigations, prosecutions and penalties applied for trafficking of children. The Committee therefore once again urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied by the Anti-Human Trafficking Offence Tribunal for the offence of trafficking in persons under 18 years of age, in accordance with the provisions of the Trafficking Act.
Articles 3(d) and 5. Hazardous work and labour inspection. In its previous comments, the Committee noted the information on the measures taken to strengthen the capacity of the labour inspectors of the Department of Inspection for Factories and Establishments (DIFE). It also noted that the DIFE regularly inspects the shrimp and dried fish industries, the construction sector, brick factories and tanneries and the ready-made garment sector and that as of 2016, a total of 95 cases were filed by the DIFE against employers for employing children below the minimum age. However, it noted from the National Child Labour Survey (NCLS) findings published in 2015, that 1.28 million children aged 5 to 17 were found to be engaged in hazardous work in manufacturing (39 per cent); agriculture, forestry and fishing (21.6 per cent); wholesale and retail (10.8 per cent); construction (9.1 per cent); and transportation and storage (6.5 per cent). The Committee requested the Government to continue taking measures to strengthen the capacity and improve the ability of labour inspectors of the DIFE to detect all children under the age of 18 engaged in hazardous work, and to provide information on the progress achieved in this regard.
The Committee notes the Government’s information that from 2020 to 2021, more than 47000 inspections were carried out and 98 cases were filed by the DIFE against employers for employing children in violation of the Bangladesh Labour Act 2006 (as amended up to 2018), of which 14 cases were settled. The Committee also notes the Government’s indication that the DIFE withdrew 5,088 children from hazardous work during 2020–21. The Committee notes, however, the Government’s statement in its report under the Minimum Age (Industry) Convention (Revised), 1937 (No. 59) that the inspectors are mandated for inspection of child labour in the formal sector. However, child labour is mostly concentrated in the informal sector where regular inspection is not possible.
In this regard, the Committee notes from the draft National Plan for the Elimination of Child Labour 2021–25 that according to the Multiple Indicator Cluster Survey of 2018, child labour continues to affect 6.8 per cent of children aged 5–17 years with a massive majority of 95 per cent working in the informal sector which includes: food shop and tea stalls, motor and steel workshops, grocery and furniture shops, clothing and tailoring and waste collection. The Committee further notes from the UNICEF research document of 2021 entitled “Evidence on Educational Strategies to Address Child Labour in India and Bangladesh” (UNICEF document 2021) that although the findings from the two NCLS of 2003 and 2015 indicates a significant drop in child labour levels in Bangladesh, the number of children engaged in hazardous work decreased by just 0.01 million, from 1.29 to 1.28 million. This report also points to the fact, based on the findings of the NCLS of 2015, that over 1 million children identified as hazardous child labourers are invisible to the formal authorities. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights in its concluding observations of April 2018, expressed concern about the large number of children still engaged in child labour, their dire conditions of work, particularly in domestic settings, and the lack of sufficient labour inspections focusing on child labour (E/C.12/BGD/CO/1, paragraph 54). While noting the measures taken by the Government, the Committee must once again express its concern at the significant number of children who are engaged in hazardous work, particularly in the informal economy. The Committee strongly urges the Government to take the necessary measures, in law and practice, to strengthen and adapt the capacities and expand the reach of the labour inspectors to ensure that children under the age of 18 years are not engaged in hazardous work, particularly in the informal economy and that they benefit from the protection afforded by the Convention. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide adequate training to the labour inspectors to detect cases of children engaged in hazardous work and remove them from this worst form of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.
Articles 3(d) and 7(2)(d). Hazardous work and effective and time-bound measures. Identifying and reaching out to children at special risk. Child domestic workers. The Committee previously noted that the Domestic Workers’ Protection and Welfare Policy of 2015 (DWPWP) provides the legal framework for the protection of domestic workers, including child domestic workers. By virtue of this policy, any kind of indecent behaviour, physical or mental torture, towards domestic workers, is strictly prohibited and existing laws, including the Penal Code and the Women and Child Repression Prevention Act, are applicable. While this Policy sets the minimum age for light domestic work at 14 years, and hazardous domestic work at 18 years, the Committee observed that children of 12 years of age could possibly be employed with the consent of the legal guardian of the child. The Committee therefore requested the Government to provide information on the measures it envisages in the framework of this Policy, to ensure that all children under 18 years of age are protected from performing hazardous work in the domestic work sector.
The Committee notes the Government’s information in its report that the DWPWP provides guidelines for the working conditions and safety of domestic workers, a decent working environment, decent wages and welfare enabling workers to live with dignity, good employer–employee relations, and redress of grievances. Appropriate actions in line with the existing laws will be taken in case of any physical or mental torture or engaging child domestic workers in hazardous work. The Government also indicates that a “Central Monitoring Cell on Domestic Workers” has been created to monitor implementation of this Policy and two divisional level workshops were organized in 2019 as part of the awareness raising campaign of this Policy. However, the Committee notes from the draft document on the National Action Plan for the Elimination of child labour 2020-25 (NPA document) that a study on the DWPWP revealed that only 7 per cent of the employers were aware of this policy and identified poor media coverage and illiteracy as the prime reasons behind poor policy awareness. The NPA document also states that the Policy establishes a very loose grievance settlement process in which a domestic worker has to report to the Central Monitoring Cell, human rights organisations or child help line for any support. This Policy, without any supportive legal instrument and mass awareness, is largely unimplemented. This document also refers to the findings of the NCLS of 2015 which indicates that 115,658 children aged between 5 and 17 years are domestic workers in Bangladesh, of which 91 per cent are girls. The Committee once again recalls that child domestic workers constitute a high-risk group who are outside the normal reach of labour controls and are scattered and isolated in the households in which they work. This isolation, together with the children’s dependency on their employers, lays the ground for potential abuse and exploitation. In many cases, the long hours, low or no wages, poor food, overwork and hazards implicit in the working conditions, affect the children’s physical health (General Survey on the fundamental Conventions, 2012, paragraph 553).  The Committee therefore urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration. It requests the Government to indicate the measures taken or envisaged by the Central Monitoring Cell on Domestic Workers in ensuring that children under 18 years of age are not engaged in hazardous domestic work. In addition, the Committee requests the Government to provide information on the imposition, in practice, of sufficiently effective and dissuasive penalties on persons who subject children under 18 years of age to hazardous work.
The Committee is raising other matters in a request addressed directly to the Government.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action (NPA) for Suppression and Prevention of Human Trafficking 2018–2022. The Committee notes the Government’s information that it has implemented two National Plan of Actions for Combating Human Trafficking during 2012 to 2014 and 2015 to 2017 and has adopted a new NPA for 2018 to 2022. This NPA focuses on five areas of action, namely (1) prevention of human trafficking; (2) holistic protection of trafficking victims; (3) prosecution of traffickers; (4) partnership and cross-country legal assistance; and (5) monitoring and evaluation. The Committee also notes from the document on the new NPA to Eliminate Child Labour 2020-2025 that the NPA on Prevention and Suppression of Human Trafficking 2018-2022 addresses the issue of child trafficking. It recognizes the special protections needed for children both vulnerable to and victims of trafficking. It has also promoted child participation in the partnership cluster by including child representatives in the Counter-Trafficking Committees (CTCs). The Committee requests the Government to provide information on the specific measures taken within the framework of the NPA on Prevention and Suppression of Human Trafficking 2018-2022 to eliminate trafficking of children and the results achieved.
2. Projects on elimination of hazardous child labour. In its previous comments, the Committee noted the various measures undertaken within the framework of the National Plan of Action on Child Labour (NPA) 2012-16, including the adoption of policies on occupational safety and health and on the protection of domestic workers; the adoption of the list of hazardous types of work; and the organization of workshops and seminars on different aspects of the elimination of child labour. The Committee, however, noted that according to the National Child Labour Survey (NCLS) of 2015, out of 3.45 million child labourers aged 5 to 17 years, 1.7 million are considered engaged in child labour, among which 1.28 million children are engaged in hazardous work, in sectors such as manufacturing, agriculture, forestry and fishing, construction, and more. Among the 1.28 million children engaged in hazardous work, 32,808 are in the 6–11 age group, 38,766 in the 12–13 age group, and 1,208,620 in the 14–17 age group. The Committee therefore urged the Government to continue its efforts to combat hazardous child labour in the country.
The Committee notes the Government’s information that the Eradication of Hazardous Child Labour Project in Bangladesh has completed its three phases and the fourth phase is in progress. Within this project, 90 thousand children have been withdrawn from child labour through non-formal education, skills development training and the socio-economic empowerment of their parents. The fourth phase has a target to remove 100,000 children from hazardous work. The Committee also notes the Government’s information that a new NPA to Eliminate Child Labour 2020-2025 has been drafted drawing up actions relevant to address child labour from the Sustainable Development Goal (SDG) implementation plan of the Government.
According to the NPA document (2020–2025), this National Plan of Action aims to eliminate the worst forms of child labour by 2021 and all forms of child labour by 2025, through focussing on five objectives, namely: (i) reducing vulnerability to child labour; (ii) withdrawing children from hazardous work and the worst forms of child labour; (iii) increased capacity to protect children at the workplace; (iv) partnership and multi-sectoral engagement; and (v) monitoring and evaluation of NPA implementation. The Committee also notes from this document that in addition to the currently listed hazardous child labour, this NPA shall set priority on six additional manifestations of child labour, namely; child domestic worker; child labour in the dry fish sector; children working on the street; stone collection, carrying and crushing (brick production, stone collection, brick and stone carrying and breaking); child labour in informal/local tailoring and clothing sectors; and children working in garbage picking and waste disposal (collection, carrying, sorting and waste disposal/management). The Committee requests the Government to provide information on the adoption and implementation of the NPA to Eliminate Child Labour 2020-2025, including the concrete measures taken to eliminate the worst forms of child labour and the results achieved. It also requests the Government to continue to provide information on the specific measures adopted and the results achieved through the implementation of other projects, such as the Eradication of Hazardous Child Labour project.
Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, while noting that there was an increase in the net enrolment rate at the primary level and a decrease in the drop-out rate at the secondary level, the Committee noted with concern that the enrolment at the secondary level had significantly decreased, going down from 72.95 per cent in 2010 to 54.50 per cent in 2016. The Committee also observed that the Committee on the Rights of the Child, expressed concern about the limited implementation of the National Education Policy due to the lack of adequate resources (CRC/C/BDG/CO/5, para. 66); and the Committee on the Elimination of Discrimination Against Women, expressed concern that the number of girls in school drops by half between the primary and secondary levels of education owing, among other things, to child marriage, sexual harassment, the low value placed on girls’ education, poverty and the long distances to schools in rural and marginalized communities (CEDAW/C/BGD/CO/8, para. 28(a)). 
The Committee notes the Government’s information that the country has almost achieved universal primary education in terms of enrolment with the gross and net enrolment rates reaching 104.90 per cent and 97.81 per cent, respectively in 2020. The primary education completion rates also increased from 60.2 per cent in 2010 to 82.80 per cent in 2020, while the drop-out rates reduced from 39.8 per cent to 17.20 per cent. The Government states that it is continuing its efforts by undertaking different policies and measures in order to achieve the SDG 4 of ensuring inclusive and equitable quality education for all by 2030. These measures include: (i) the Reaching out of School Project, under which, 25,000 students received pre-vocational training and almost 720,000 children undertook basic education; (ii) a School feeding programme which is provided to 3 million children; and (iii) a Stipend and kits allowance which is made available to around 14 million children. In addition, 1,495 new schools were established in villages, and various infrastructure developments essential for education were constructed. The Government further states that through the Primary Education Development Programme under the Bureau of Non-Formal education, one million out of school children, both boys and girls, will benefit from non-formal primary education. Moreover, the Child Protection and Monitoring Project of 2017-2021, which has been extended up to December 2022, aims to create an enabling environment for boys and girls of primary school age, especially from hard to reach and vulnerable areas.
The Committee further notes from the UNICEF document of 2021 that the schooling rates for girls in Bangladesh have increased rapidly over the last two decades. Furthermore, according to the Education Sector Analysis for Bangladesh, 2020 by the Global Partnership for Education (GPE), there has been a substantial improvement in the enrolment of girls and boys in secondary education with girls surpassing boys. The transition of primary completers to secondary education is around 95 per cent. The net enrolment rate was about two-thirds of the designated secondary school age-group (11–15 years) and just over one-third of the higher secondary age group (16–17 years) in 2018. The rates of completion have lagged at just over one-third of the enrolled for secondary and one-fifth at the higher secondary stage. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to provide access to free basic education for all children, thereby ensuring enrolment and retention of students both in primary and secondary education. The Committee also requests the Government to continue providing updated statistical data on school enrolment and drop-out rates, disaggregated by age and gender.
Clause (d). Children at special risk. 1. Street children. The Committee notes from the Government’s report that the Ministry of Women and Children Affairs (MOWCA) operates two shelters and outreach schools for street children through a program named “Street Children Rehabilitation Program”. This program has provided shelter to 4623 street children and non-formal education to 5157 street children through nine outreach schools. In the rehabilitation centre, street children are provided with shelter, food, clothing, non-formal education, psycho social counselling, and healthcare. The Committee, however, notes from a UNICEF report of 2020 entitled “For many in Bangladesh, staying home isn’t an option” that hundreds of thousands of children are living on the streets in Bangladesh. Recalling that street children are at particular risk of becoming engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this respect.
2. Refugee children. The Committee notes from a report of the United Nations Office on Drugs and Crime of March 2020 that Cox’s Bazar (refugee camp) is considered as one of the hotspots for human trafficking in Bangladesh, and the Bay of Bengal is a major trafficking route by sea. This report also indicates that according to a report of the International Organization for Migration (IOM), human trafficking is on the rise in the sprawling 6,000-acre refugee camp with more than 350 cases identified in 2019, approximately 15 per cent of which involved children. The Committee requests the Government to take effective and time-bound measures to protect refugee children from the worst forms of child labour. It also requests the Government to provide information on the concrete measures taken and the results achieved in this regard.
Article 8. International cooperation and assistance. 1. Trafficking. In its previous comments, the Committee noted the Government’s information that it took initiatives to halt cross-border human trafficking through the coordination and cooperation of the Rescue, Recovery, Repatriation and Integration (RRRI) Task Forces in Bangladesh and India and that a Standard Operating Procedure (SOP) was developed in this regard. It also noted that considering the prevalence of trafficking in Bangladesh and India, a Memorandum of Understanding (MoU) was signed by the two countries.
The Committee notes the information provided by the Government in its report under the Forced Labour Convention (1939) (No. 29) that in 2020, the Border Guards rescued 191 children while being trafficked abroad through different bordering areas. This report also indicates that the RRRI Task Force has established a Child Affairs Desk and assigned Child Affairs Police Officers in every police station throughout the country. Training on Child Affairs Desk Skills were provided to 1,785 officials. The Committee also notes from a news release of 2019 of the IOM entitled “Human Trafficking in the coastal belt”, that human trafficking is a major challenge in Bangladesh, with the coastal belt and the borders along India being some of the most vulnerable locations. This news release also refers to a study by border security forces, 2018, which suggests that over 50,000 women and children are trafficked to India each year. The study says that there is a network of touts, agents, and sub-agents who lure people into danger by promising better lives abroad. The Committee requests the Government to provide information on the measures taken or envisaged to combat the trans-border trafficking of children, including within the framework of the MoU as well as by the Border Guards and the RRRI Task Force and on the measures taken to ensure their rescue, repatriation and rehabilitation.
2. Elimination of poverty. Following its previous comments, the Committee takes note of the Government’s detailed information regarding the proportion of the budget which was allocated to social protection and social empowerment programmes, as well as the plans and policies it has adopted to reduce poverty. According to the Government’s report, various programmes are being implemented as part of the National Social Security Strategy (NSSS), including Ekti Bari Ekti Khamar (one household one farm), Ahsrayan (shelter) Project, and Grehayan (Housing) Project. Furthermore, specific measures for children have been included in the NSSS, such as the introduction of allowances for abandoned children, orphans and for children below 4 years from poor families; the school tiffin system; and the establishment of child centres. The Social Safety Net Program of the MOWCA has introduced the Vulnerable Group Development programme, through which about 1,040,000 ultra-poor households receive monthly food rations and development support services, including life skills and income generating skills training for a cycle of two years. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee strongly encourages the Government to continue taking the necessary measures to ensure that the NSSS, the Social Safety Net Program, and all other such initiatives, are implemented in such a way as to step up the process of elimination of the worst forms of child labour in Bangladesh. The Committee requests the Government to continue providing information on the progress made in this respect and the results achieved.
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