RESPONSE TO 2008 DOL REQUEST FOR TRADE

UNCLAS SECTION 01 OF 05 DHAKA 000130 SIPDIS DOL/ILAB FOR: TINA MCCARTER DRL/ILSCR FOR: TU DANG E.O. 12958: N/A TAGS: ELAB EIND ETRD PHUM SOCI USAID BG SUBJECT: RESPONSE TO 2008 DOL REQUEST FOR TRADE AND DEVELOPMENT ACT (GSP) 2008 REPORT REF:A) 08 SECSTATE 127448, B) 08 DHAKA 1959 SUMMARY -------------- ¶1. (U) This cable responds to Ref A request for information regarding child labor in Bangladesh. The Caretaker Government made few changes to labor policies in 2008. In the absence of an elected legislature, the President was empowered to promulgate ordinances. These ordinances will lapse unless ratified by the new Parliament within 30 days of its opening session. Until December 17, 2008 Bangladesh was under a State of Emergency which restricted labor activity. On January 6, 2009, the country swore in a new Prime Minister and Parliament convened on January 25, 2009. QUESTIONS -------------- ¶2. (U) The following sections repeat the original question and provide corresponding responses. A) Laws and regulations proscribing the worst forms of child labor. What laws have been promulgated on child labor in the country? RESPONSE: Per Bangladesh Labor Law, 2006 (Act No. 42 of 2006),child workers are defined as those less than 14 years of age. Adolescents are defined at those between ages 14 and 18. Per Section 34(1), child labor is prohibited in all establishments and occupations. Bangladesh's labor law defines particularly hazardous work as: cleaning and lubrication of machinery while it is in motion (Section 39),and underground (mining) and under-water work (Section 42). At present, the government has yet to finalize terms of a child labor policy which identifies a list of some 45 other types of hazardous work, per International Labor Organization (ILO) guidelines. What is the country's minimum age for admission to work? RESPONSE: Bangladesh has not ratified ILO Convention 138 (on minimum age). There is no uniform minimum age across sectors but per Section 34 of the Bangladesh Labor Law, 2006, but the general minimum age to work is 14. Are there exceptions to the minimum age law? RESPONSE: The 2006 labor law (Section 44),allows employment of children aged 12 to 13 years of age, in such light work as not to endanger health and development or interfere with schooling. What is the minimum age for admission to hazardous work, and what additional provisions has the country enacted regarding children's involvement in hazardous work? RESPONSE: The minimum age for admission to hazardous work is 18. Sections 39 and 40 allow adolescents between the ages of 14-18 to work if they are given adequate training. In separate provisions, Bangladesh law provides for the employment of adolescents (age 14 to 17) as vocational trainees or apprentices, under certification provisions that include a medical examination to establish age. What laws have been promulgated on the worst forms of child labor, such as forced child labor and trafficking or child prostitution and pornography? Please specify what worst forms are prohibited and describe penalties for violations. RESPONSE: Per Section 35 of the Bangladesh Labor Law of 2006, the pledging of labor (through contract) by the parents or guardians of a child is prohibited. Article 34 of the Bangladesh Constitution also prohibits forced labor, and the country has ratified ILO Conventions 29 and 105, which cover all forced labor requirements. Child trafficking is prohibited by the Women and Child Repression Prevention Act of 2000. (This is also known as Act 8 of 2000 and translated as the Suppression of Violence against Women and Children Act of 2000). The law criminalizes the trafficking of women and children. Section 6 provides for the death sentence for persons convicted of child trafficking or child prostitution. Violators can also be given life imprisonment and fines. Under Section 7 of the Act, abduction of women or children is punishable by sentences of 14 years to life imprisonment. The Bangladesh Penal Code criminalizes child prostitution. This is defined as the sale of a minor (under 18 years of age) for prostitution (Section 372) or the buying of a minor for purposes of prostitution (Section 373). Under Section 42 of the Children Act DHAKA 00000130 002 OF 005 of 1974, females under the age of 16 are not permitted to work as sex workers, either willingly or by means of coercion. Bangladeshi law addresses pornography in a general manner, through section 292 of the Bangladesh Criminal Code, which criminalizes the sale and production of obscene materials for gain. In the past year, there have been enforcement activities against purveyors of pornographic DVDs. Post is not aware of reports of child pornography in Bangladesh. What is the minimum age for military recruitment and/or involvement in armed conflict? RESPONSE: The minimum age of military recruitment is 18. If the country has ratified Convention 182, has it developed a list of occupations considered to be worst forms of child labor, as called for in article 4 of the Convention? RESPONSE: Bangladesh ratified ILO Convention 182 in March 2001 and has developed a list of 45 occupations considered to be the worst forms of child labor. B) Regulations for implementation and enforcement of proscriptions against the worst forms of child labor. What legal remedies are available to government agencies that enforce child labor laws (criminal penalties, civil fines, court orders),and are they adequate to punish and deter violations? RESPONSE: Two labor law enforcement bodies exist within the Ministry of Labor and Employment (MOLE). The Directorate of Labor does not often use its enforcement capabilities. The Chief Inspector of the Department of Factories and Establishments primarily enforces labor laws. The Inspector presents violations (including the illicit use of child labor) to the factory owner for remedy within 21 days. The Inspector checks for compliance and issues a second letter if no remedy has been made. The next step is legal action in the form of a complaint to a labor court. A court enforcement action takes at least 4 to 5 months and can take as long as 2 to 3 years. The Chief Inspector reported that most violations were remedied with a verbal warning at the time of inspection. However, in rare cases fines of 5,000 taka per violation are imposed. Overall, the Chief Inspector claimed the law was sufficient, but noted his department did not have adequate resources to monitor and enforce labor laws for the entire country. Separately, the Ministry of Commerce (MOC) has taken a lead role in the creation of ad hoc institutions to improve labor standards more broadly. For example, a tripartite entity for the ready made garments (RMG) sector, the Social Compliance Forum (SCF),has been in existence since June 2005. The SCF deals chiefly with occupational safety and labor welfare issues and includes a monitoring cell. Since its inception the SCF has focused primarily on awareness building and information gathering. It also serves in an advisory capacity for new initiatives in the areas of occupational safety and labor welfare. To what extent are violations investigated and addressed? RESPONSE: Complaints regarding child labor largely originate from the MOLE, under the Chief Inspector of the Department of Factories and Establishments. The Chief Inspector noted that the Department did not receive complaints from NGOs or from parents. What level of resources does the government devote to investigating child labor cases and worst forms of child labor cases throughout the country? RESPONSE: The Chief Inspectorate of the Department of Factories and establishments is the primary entity responsible for enforcing all labor laws (including child labor laws). It has 31 offices throughout the country, including a head office, divisional, regional, and branch offices. Inspectors at various levels conduct a specific number of factory inspections each month. In a given month, a Chief Inspector inspects at least three factories; an Assistant Chief Inspector inspects 12 factories and five establishments (e.g. insurance company offices, banks); Engineer Inspectors and Medical Inspectors inspect 15 factories; and Dock Safety Officer Inspectors inspect 15 ships and jetties. In September 2008, the MOLE established a Child Labor Unit to plan, manage, coordinate, monitor and oversee the implementation of child labor programs across the country. Separately, the government is in the process of creating a Children's Directorate under the Ministry of Women and Children's Affairs, which will be responsible for coordinating all activities related to children, functioning in a DHAKA 00000130 003 OF 005 similar capacity to the Child Labor Unit in the MOLE. How many inspectors does the government employ to address child labor issues? RESPONSE: The Chief Inspectorate of the Department of Factories and Establishments staff includes approximately 200 inspectors countrywide and related support staff. This staff is responsible for investigating child labor as part of its broader responsibilities. How many police or other law enforcement officials address worst forms of child labor issues? RESPONSE: While law enforcement officials do not address child labor issues specifically, in March 2004, the Government of Bangladesh (GOB) created an anti-trafficking cell at the Police Headquarters in Dhaka, within the Home Ministry. The cell's main purposes are to gather information on trafficking cases from the local stations, publish data on the extent of the problem, apprehend those involved in perpetrating trafficking crimes and track and assist with the prosecution of human trafficking cases. How many child labor investigations have been conducted over the past year and how many have resulted in fines, penalties and convictions? RESPONSE: Between January 2008 and December 2008, a total of 39,123 labor inspections were conducted across Bangladesh. During these inspections, all aspects of applicable labor laws were reviewed, including laws dealing with child labor. There are no statistics available specifically for child labor law violations. In the past year, 910 cases were filed while labor courts disposed of 3,191 cases, many of them from previous years. Currently, there 10,124 cases remain pending in the labor courts. Based on verbal feedback, very few of the total cases filed by the Chief Inspector of the Department of Factories and Establishments relate to child labor law violations. How many investigations into worst forms of child labor violations have been conducted over the past year and how many have resulted in prosecutions and convictions? RESPONSE: See above. Has the government provided awareness raising and/or training activities for officials charged with enforcing child labor laws? RESPONSE: The Ministry of Labor (MOL) reported that labor inspectors received general training on labor law, which includes child labor provisions. At the ministry and policy level, officials receive additional training from the ILO. Field staff get additional training on child labor on an ad-hoc basis, provided by NGOs, the ILO, and during periodic courses at government training institutes. C) Whether there are social programs specifically designed to prevent and withdraw children from the worst forms of child labor. What initiatives has the government supported to prevent children from entering exploitive work situations, to withdraw children engaged in such labor, and to advocate on behalf of children involved in such employment and their families? RESPONSE: The (GOB),under the MOLE, funds its own national program entitled Eradication of Hazardous Child Labor in Bangladesh. NGOs implement this program, which covers 21 sectors in which child labor has been identified. These include rickshaw pulling, printing, domestic work, welding and fabrication, automotive repair, brick and stone breaking, machine shops, hotels and restaurants, cigarette manufacture, match factories, tanneries, salt factories, daily labor, battery factories, dyeing operations, potters assistance, blacksmith assistance, minibus assistance, construction, shrimp factories, and saw mills. Currently in its second phase, this program has received 298 million taka (USD 4.2 million) for three years of operation. Given prior delays in implementation, the program will stretch its funds to a fourth year of operations and is currently set to expire in June 2009. The primary focus of the program is on providing non-formal education and skills training. Over 30,000 children working in 21 designated hazardous labor categories have been trained since the inception of the course. The program attempts to transition children out of hazardous labor conditions through the provision of additional skills. Secondly, the program includes a micro-credit component that provides the DHAKA 00000130 004 OF 005 children's families with alternative income generating opportunities. So far 20,000 families have received loans ranging from 5 to 10 thousand taka (USD 75 to 150). Finally, the program has a public information dimension, including anti-child labor pamphlets. NGOs are also developing other areas of mass media messaging. At least one of the implementing NGOs involved in this project conducts parallel non-formal education activities focusing on child workers. For example, ESDO (Eco-Social Development Organization),a local NGO, is conducting a non-formal education program for 35,185 children to eradicate hazardous child labor in northwest Bangladesh. The GOB also enables NGOs remove children from the worst forms of child labor. UNICEF's Basic Education for Hard to Reach Urban Children (BEHTRUC) provides 351,000 urban working children in six divisional cities with two years of non-formal education, specifically targeting urban children aged 8-14 employed in hazardous working conditions. D) Does the country have a comprehensive policy aimed at the elimination of the worst forms of child labor? RESPONSE: A national child labor policy originally drafted in 2006 is still under consideration. It specifically seeks to eliminate the worst forms of child labor in multiple phases. It also calls for more research on the matter and to set up two bodies to coordinate activities in this area. Does the country have a comprehensive policy or national program of action on child labor or specific forms of child labor? RESPONSE: The Third National Plan of Action for Children (2005-2010) includes child labor within broader objectives. Administered by Bangladesh's Ministry of Women and Children Affairs, the plan identifies five areas of action: Food and Nutrition, Health, Education, Protection, and Physical Environment. Child labor is addressed within the Protection area of action. The national action plan employs a rights-based model and seeks to develop district-level child rights monitoring functions. The Ministry of Women and Children Affairs seeks to coordinate with all relevant ministries and district committees to enhance awareness and generate actions in protection of child rights. To implement this plan, the Ministry of Women and Children's Affairs is working with UNICEF on a (2006-2010) project entitled Capacity Building for Monitoring Child Rights. Does the country incorporate child labor specifically as an issue to be addressed in poverty reduction, development, educational or other social policies or programs, such as Poverty Reduction Strategy Papers, etc? If so, to what degree has the country implemented the policy and/or program of action and achieved its goals and objectives? RESPONSE: The Government of Bangladesh's 2005 National Strategy for Accelerated Poverty Reduction specifically articulates Child Rights as a priority and addresses child labor. Children related issues are also detailed elsewhere. In October 2008, the country unveiled a second Poverty Reduction Strategy Paper lasting for three years starting in FY '09. Section 5.1.2 mentions development of children as one of the overarching strategies to address poverty. One of the government's stated goals is to protect child laborers and eliminate the worst forms. Specifically it seeks to achieve this by building greater awareness of child labor, creating a child friendly code of conduct for employers, drafting minimum wage and protective standards regulations and improving learning opportunities for working children. The PRSP also notes that alternatives should be created for those children in danger of being trafficked. Is education free in law and in practice? Is education compulsory in law and in practice? RESPONSE: Per the Compulsory Primary Education Act of 1990, primary education is compulsory for children aged 6 to 10 years, ending in the fifth grade. Although enrollment in grade one is almost 100% for both girls and boys, according to the GOB only about 50% of students attending government schools complete grades one through five. Primary education is free in government schools. Conditional cash transfers from the government to families, of varying amounts, have contributed to higher rates of school attendance, especially in secondary schools (above fifth grade) for girls. The government has a limited ability to enforce compulsory education, especially when parents prefer to keep their children at home to do chores or work outside for wages. For secondary education, de facto fees and associated costs for school supplies act as a disincentive for poor DHAKA 00000130 005 OF 005 families to send their children to school. E) Is the country making continual progress toward eliminating the worst forms of child labor? What are the specific sectors/work activities/goods in which children work and how has this changed over the past year? Please note where possible any relevant characteristics about the children involved, including gender, ethnic group, religion, age, etc. RESPONSE: In 2006 the ILO released the Baseline Survey for Determining Hazardous Child Labor Sectors in Bangladesh, jointly published by the Bangladesh Bureau of Statistics and the ILO. The report identified 45 sectors along with an estimated number of child workers in each sector. The top seven sectors were as follows (with estimates of children employed in each): restaurant / tea stall (153,345); rickshaw/van puller (123,115); fishing / fish drying (78,592); carpentry (56,010); welding works (20,949); automobile workshop (18,878); rice/ spices milling (17,690). The study estimates a total of 539,403 children are employed in Bangladesh across 45 listed sectors. Child labor has been significantly reduced in the sea-food (particularly shrimp) industry, to the extent that most independent analysts agree that the mainstream processing plants are "nearly child labor free." NGOs still contend, however, that the child labor and forced labor exists in the initial harvesting stage of the shrimp processing industry, through the use of third party contractors. Regarding the RMG industry, worker advocacy groups agree that within Export Processing Zones (where many garments are produced),child labor is essentially absent. However, the groups question the claim that all subcontracting and supply operations serving the garment industry have fully eliminated child labor. For example, children may be involved with assisting their parents in performing garment piece work or in ancillary support roles such as serving tea and making deliveries. Based on GOB efforts, donor funded efforts and NGO programs to combat the worst forms of child labor, it appears that progress in addressing child labor is being made in Bangladesh. However, in the absence of reliable or consistent annual surveys it is impossible to provide quantitative analysis to assess the impact of GOB and NGO efforts to combat the worst forms of child labor. COMMENT -------------- ¶3. (SBU) The continued existence of child labor in Bangladesh is a direct function of the country's low level of economic development. The country's per capita GDP is $600 per year and 80% of its population lives on less than $2 a day. Bangladesh's heavy reliance on agricultural livelihood activities and the high incidence of poverty contribute to child labor practices. In many cases, the opportunity costs of sending a child to school instead of work are insurmountable without monetary incentives. The size and scope of the informal economy, estimated at about 80% of GDP, (especially in its linkages to the formal economy) combined with a low capacity for effective legal enforcement of child labor laws are factors that constrain regulatory approaches to the problem of child labor. ¶4. (SBU) The GOB makes a clear distinction between child labor in general and its worst exploitative forms. While the GOB acknowledges child labor as a consequence of Bangladesh's poverty, it focuses its limited resources on specific policy and program steps to ameliorate the worst forms of child labor, in particular child trafficking and exploitation.