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
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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
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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

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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

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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

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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

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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
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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.