Bangladesh government has included in the constitution that all forms of forced labor is strictly prohibited within Bangladesh after realizing the hazardous impact of forced labor in the society-Illustrate and Analyze.

INTRODUCTION

According to the International Labour Organization (ILO) there are at least 12.3 million people around the world who are the victims of forced labor.[1] Therefore forced labor is so severe around the whole world which is surely unethical and example of worst demoralization. In the constitution of Bangladesh, forced labor is totally restricted as it is stated in the constitution that “All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law”.[2] So at the beginning of the research paper it would be beneficial to introduce the relevant terms such as, forced labor, fundamental rights and constitution.

Constitution

Basically constitution is a set of rules which defines a particular government and provides a guideline for the members of the parliament and for any institution (Barnett, H. 2011).[3] Constitution defines the duties, power and rights of the organization which cover both internal and external aspect of an organization. According to Cooter constitution is a nation’s highest law (2000)[4] .

Forced Labor

We can define forced labor as a practice of compulsory labor practiced by a authority or by organizations of a state, other than as a punishment for a criminal offence. Forced labor was quite common in the French, German, Belgium, Portuguess and Spanish, colonies in Africa, and to a lesser degree in the British colonies[5]. Forced labor is a compulsory exploitation demanded by a dominant authority by compelling uncompensated labor services[6] (Andrees, B., Belser, P., 2009).

Fundamental rights

In an essence Fundamental rights are generally-regarded set of entitlements in the context of a legal system. Example of fundamental rights could be right to equal protection, freedom of thought, freedom of speech, marry, privacy etc according to the constitution. Therefore we can conclude that people’s general freedom of speaking, living are well reserved as fundamental rights[7].

We are ready to begin the research as we are now known to the technical terms.

HISTORICAL BACKGROUND OF FORCED LABOR

Forced labor certainly is not a recent issue. From the very beginning of human sociology, civilization forced labor cursed the society badly[8] (Linda A.,Mooney, Knox,D., Caroline,S.2008)

Between 1939 and 1945 more than 12 million people were deported to Germany as forced laborers. They worked in concentration camps, for companies, in agriculture, in private household, for churches and public authorities.[9] It is believed that Nazi Germany created one of the largest forced labor systems in history: Over 12 million workers, prisoners from all of the occupied countries were required to perform forced labor.[10]

HISTORICAL ACTIONS AGAINST FORCED LABOR

International action against forced or compulsory labor has historically been directed toward the fight against slavery. The first international instrument to condemn slavery was the declaration relative to the universal abolition of the slave trade, adopted in 1815 by the congress of Vienna.[11] It was followed by a number of agreements, both multilateral and bilateral, which contained provisions prohibiting such practices in times of war and peace (Weissbrodt, D.).[12] However, forced labor issues as such became the subject of systematic study and standard setting at the international level only after the First World War, following the work of the League of Nations regarding mandated territories and of the adoption of the 1926 slavery convention.[13]

FORCED LABOR IN BANGLADESH

Over 115 million children perform hazardous work in the world and in Bangladesh the rate is not low even.[14] Siddharth Kara, one of the world’s foremost experts on modern day slavery once stated on his survey on Bangladeshi forced labor that “The tea factories in Bangladesh were locked down like prison”.[15] His statement clearly indicates that there people are cruelly affected through the forced labor. Forced labor in Bangladesh is not a new term though, people of Bangladesh used to be forced to deliver work from the very beginning of the creation of this country.[16] It is estimated that over 20000 women and children are trafficked from Bangladesh each year for forced labor.[17] Tens of thousands of people are working as bonded labourers in rural areas of Bangladesh. Entire families, including children, women are bonded to their employers while they struggle to pay back loans.[18]

MOVEMENT AGAINST FORCED LABOR IN BANGLADESH

As a nation Bangladesh never took forced labor easily, as a result of movement against forced labor in 1972 it ratified both ILO conventions No.29 (1930), the Forced Labor Convention & ILO Convention No. 105(1957), the Abolition of Forced Labor convention.[19] The law prohibits forced and bonded labor and the factories act and shops and establishment act provide for inspection mechanism to strengthen laws against forced labor. Recently on May 22 Bangladesh high court ruled that laborers who have endured modern slavery in Bangladesh brick kiln must receive better on-the-job protection.[20]

INCLUSION OF “PROHIBITION OF FORCED LABOR” IN THE CONSTITUTION OF BANGLADESH (UNDER FUNDAMENTAL RIGHTS)

In the constitution of Bangladesh on Part III, under the section ‘Fundamental Rights’ it is clearly stated that,

34(1). ”All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.” [21]

As a fundamental right this provision to be obeyed so sincerely and it is clearly stated that if anybody i.e. an employer or any other individual forces any citizen of Bangladesh to render labor then he/she would be in the question of punishment according to the law.

IMPORTANCE OF PROHIBITING FORCED LABOR AS A FUNDAMENTAL RIGHT

Inclusion of prohibition of forced labor in the constitution as a fundamental right clearly indicates Bangladesh government’s strict movement and sincerity against Forced Labor. From 1972, along with ILO Bangladesh has been entering into new conventions, making movements and making punishment against the forced labour practitioners which reserves fundamental rights of Bangladeshi citizen (F. K. M. A. Munim, 1975). [22] The importance are given below-

  • To have a sound socio-economic condition within the region.[23]
  • To make sure the welfare of the society
  • To save the deprived one
  • To eradicate the problem fundamentally

IMPACT OF PROBITION INCLUDED IN THE CONSTITUTION

Even after having the constitutional prohibition about all forms of forced labor still Bangladesh could not get rid of this mighty problem. The Constitution prohibits bonded labor, however the government ‘did not’ enforce this prohibition effectively.[24] The factories act and shops and establishment act established inspection mechanism to enforce laws against forced labor, but these laws were not enhanced strictly, partly because resources for enhancement were scarce.[25]

ROCOMMENDATION

Forced labor is a hazardous problem sill prevailing in our society. Therefore rapid and sincere action is required to get rid of this major issue. Some important recommendations are given below-

  • First and foremost whole society has to be educated about the cause and effect of forced labor
  • Government has to enforce the laws more rigorously
  • Leading organizations have to come forward to prevent forced labor in Bangladesh.[26]
  • Punish some practitioners severely to make example for all

CONCLUSION

In spite of having prohibition of forced labor included in the constitution, due to government negligence and some other issues some deprived people still are being exploited through forced labor in different parts of Bangladesh. All sorts of forced labor are formally prohibited and punishment is legible, which is certainly a positive amendment to the welfare of the society.

BIBLIOGRAPHY

(1). Books & Articles

 Abolishing slavery and its contemporary forms, by Weissbrodt, D., and Anti-Slavery Internatonal, office of the United Nations High commissioners for human rights, United Nations, New York and Geneva, 2002, para.5.

 Andrees, B., Belser, P.,(2009), Forced Labor: coercion and exploitation in the private economy,Colorado:Lynne Rienner Publisher

 Barnett, H. (2011), Constitutional and administrative law, Chapter.1 (pp. 6-7). New York, NY:Routledge.

Cooter, R, D. (2000).  The Strategic constitution, (pp. 1) New jersey:Princeton university Press.

Declaration relative to the universal abolition of the slave trade, 8 February 1815, consolidated treaty searies, Vol.63, No.473

“Fundamental rights (Part III)”, Constitution of the People’s Republic of Bangladesh

Linda, A., Mooney, Knox, D., Caroline, S., 2008, Understanding Social Problems, PP38-39, Rowan & littlelets

Slavery, Servitude, Forced Labor and similar institution and practice convention of 1926, League of Nations Treaty Searies, Vol.60, p.253

(2) Online

Bangladesh forced labor news, Human rights today, available at http://humanrights.einn ews.co m/, retrieved on 10th October 2011

Bangladesh: ‘The modern face of slavery’, Humanitarian news and analysis, available at http://www.irinnews.org/report.aspx?reportid=85617, retried on 11th October 2011.

Court bans forced labor in Bangladesh’s brick kiln, Total good news, available at http://www.totalgoodnews.com/court-bans-forced-labour-in-bangladeshs-brick-kilns/, retrieved on 11th October 2011

Forced Labor, Fighting Slavery Today, Demanding issues around the world available at http://w ww.anti-slaverysociety.addr.com/forcedlabor.htm, retrieved on 8th October 2011.

Forced labor: memory and history, available at http://www.zwangsarbeit-archiv.de/en/ presse/pressematerial/zwangsarbeit-archiv_Hintergrund_english.pdf, retrieved on 9th October 2011Fundamental right,available at http://www.nolo.com/dictionary/home.html;jsessionid=DD 1E8 60E6EAD866A2464948E69A5EDB5,retrieved on 8th October 2011.

International Labour Force (ILO), Forced Labour, available at http://www.ilo- .org/g lobal/topics/forced-labour/lang–en/index.htm, retrieved on 8th October 2011.

[1] See International Labour Force (ILO), Forced Labour, available at http://www.ilo.org/global/topics/forced-labour/lang–en/index.htm, retrieved on 8th October 2011.

[2] See “Fundamental rights (Part III)”, Constitution of the People’s Republic of Bangladesh.

[3] See Barnett, H. (2011), Constitutional and administrative law. Chapter.1 (pp. 6-7). New York, NY:Routledge.

[4] See Cooter, R, D. (2000).  The Strategic constitution, (pp. 1) New jersey:Princeton university Press.

[5] See Forced Labor, Fighting Slavery Today, available at http://www.anti-slaverysociety.addr.com/forcedlabor.htm, retrieved on 8th October 2011.

[6] See Andrees, B., Belser, P.,(2009), Forced Labor: coercion and exploitation in the private economy,Colorado:Lynne Rienner Publisher

[7]See Fundamental right,available at http://www.nolo.com/dictionary/home.html;jsessionid=DD1E860E6EAD866A2464948E69A5EDB5,retrieved on 8th October 2011.

[8] See Linda, A., Mooney, Knox, D., Caroline, S., 2008, Understanding Social Problems, PP38-39, Rowan & littlelets

[9] See Forced labor: memory and history, available at http://www.zwangsarbeit-archiv.de/en/presse/pressematerial/zwangsarbeit-archiv_Hintergrund_english.pdf, retrieved on 9th October 2011.

[10] See Nazi forced labor: Background information, available at http://www.zwangsarbeit-archiv.de/en/zwangsarbeit/zwangsarbeit/zwangsarbeit-2/index.html, retrieved on 9th October 2011.

[11] See Declaration relative to the universal abolition of the slave trade, 8 February 1815, consolidated treaty searies, Vol.63, No.473

[12] See Abolishing slavery and its contemporary forms, by Weissbrodt, D., and Anti-Slavery Internatonal, office of the United Nations High commissioners for human rights, United Nations, New York and Geneva, 2002, para.5.

[13] See Slavery, Servitude, Forced Labor and similar institution and practice convention of 1926, League of Nations Treaty Searies, Vol.60, p.253

[14] See Bangladesh forced labor news, Human rights today, available at http://humanrights.einnews.com/, retrieved on 10th October 2011.

[15]See Kara, S.(2010), On the trail of forced labor in Bangladesh, available at http://articles.cnn.com/2010-08-09/world/kara.human.traffic.bangladesh_1_human-trafficking-bangladesh-tea-industry?_s=PM:WORLD, retrieved on 10th October 2011.

[16] See Epstein, I. (2008), Greenwood encyclopedia of children’s issue worldwide: Asia and Oceania, PP-67-68, Westport: Greenwood publishing group.

[17] See U.S Department of Labor, The department of labor’s findings on the worst forms of child labor, P-33, NY: Diane Publishing.

[18] See ‘Bangladesh: The modern face of slavery’, Humanitarian news and analysis, available at http://www.irinnews.org/report.aspx?reportid=85617, retried on 11th October 2011.

[19] See ‘Bangladesh: The modern face of slavery’, Humanitarian news and analysis, available at http://www.irinnews.org/report.aspx?reportid=85617, retried on 11th October 2011.

[20] See ‘Court bans forced labor in Bangladesh’s brick kiln’, Total good news, available at http://www.totalgoodnews.com/court-bans-forced-labour-in-bangladeshs-brick-kilns/, retrieved on 11th October 2011.

[21] See the constitution of “People’s Republic of Bangladesh”, Part III-Fundamental rights, 34(1, 2, and 3).

[22] See F. K. M. A. Munim, (1975), Rights of the citizen under the constitution and law, Bangladesh: Oxford University Press.

[23] See “Having fundamental rights”, Anti-slavery: today’s fight for tomorrow’s freedom, available at http://www.antislavery.org/english/, retrieved on 11th October 2011

[24] See Prohibition of forced or compulsory labor, Bangladesh human rights report, available at http://www.ncbuy.com/reference/country/humanrights.html?code=bg&sec=6d, retrieved on 13th October 2011

[25] See Human Rights Report, available at http://www.ncbuy.com/reference/country/humanrights.html?code=bg&sec=6c, retrieved on 13th October 2011.

[26] See International labour conventions and recommendation, (1919-1951), by International Labour Organization, Geneva

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