Forced labor is a serious and pervasive problem in Bangladesh. Analyze in relation to the fundamental rights enshrined in the constitution

Forced labor is a serious and pervasive problem in Bangladesh. Analyze in relation to the fundamental rights enshrined in the constitution.

Introduction:

A constitution is set of rules for government that establishes principles of an autonomous political entity or party.[1] Generally Political parties are the elected people who will run a state according to the constitution by not being the supreme authority rather being the followers of constitution.[2] Depending on the situation all constitutional order of law are justified and formulated by parliamentary body of any country. Parliament holds the legal sovereignty which includes enforcing the law of constitutions over people.

Constitution is the visible form of people’s determination that is why it is called the solemn expression of the will of the people.[3] Generally Political parties are the elected people who will run a state according to the constitution by not being the supreme authority rather being the followers of constitution.[4] Any citizen is bound to follow this constitution where it includes citizens’ fundamental rights along with other government policies.

Fundamental Rights:

Fundamental rights are usually defined as absolute rights a citizen of a country possesses that cannot under the majority of circumstances be taken from the citizen. Sometimes the term is used more loosely with a suggestion that all people have basic or human rights to which they should be entitled. [5] In part 3 of constitution stated the basic fundamental rights of Bangladeshi citizen. This includes Basic Human Rights, Freedom of Religion, Freedom of Speech and Press Discrimination Based on Race, Sex, Religion and Exile Governmental Attitude Regarding Violations of Human Rights, Prohibition of forced labor and many other fundamental rights.[6] While these rights are explicitly written, there are some that may be considered even more fundamental from a legal prospective, though open to interpretation by judicial ruling.

Constitution:

A constitution is set of rules for government often codified as a written document—that establishes principles of an autonomous political entity.In general constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[7] In the case of countries, this term refers specifically to a national Constitution defining the fundamental political principles, and establishing the structure, procedures’, powers and duties, of a government.[8] One of the major statements that are announced in constitution is that sovereignty is held by the people of the state. By definition, sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory.[9]

Forced Labor:

Forced labor is when an individual is forced to work against their will, under threat of violence or other punishment, with restrictions on their freedom[10]. It is also used to describe all types of slavery and may also include institutions not commonly classified as slavery, such as serfdom, conscription and penal labor.[11] The International Labor Organization (ILO) estimates that there are at least 12.3 million people in forced labor worldwide. Women and girls account for almost all those trafficked into sexual exploitation and the majority of people trafficked intolabor exploitation. This means that some 80 per cent of all people trafficked for both economic and sexual exploitation are women and girls.[12]

Forced Labor and Bangladesh:

Forced labor is a serious and pervasive problem in Bangladesh. At any given time thousands of people and children work as forced laborers in cities and towns across the country. It is very hard to identify the actual number of people. Because forced labor is hidden, inhumane, widespread, and criminal. [13]

Prohibition of forced labor in Bangladeshi constitution:

For judgment Bangladesh has a constitution named “Constitution of the Peoples republic of Bangladesh”. By Bangladeshi constitution all kind of forces labor is prohibited. There has an article about force labor which stated at Fundamental Rights (part 3) in our constitution. There has an article about forced labor and it has two exceptions.

Article 34 Prohibition of forced labour

(1) All forms of forced labour are prohibited and any contravention of this provision shall been offence punishable in accordance with law.

Exceptions:

(a) Nothing in this article shall apply to compulsory labour.

(b) By persons undergoing lawful punishment for a criminal offence; or required by anylaw for public purpose.[14]

All citizens of Bangladesh should strictly follow this prohibition otherwise he/she will be punished accordance with law.

Real scenario of Forced labor in Bangladesh:

Bangladeshi constitution precisely mentioned about forced labor punishment but in reality this law is not applied properly. Children – both boys and girls – are trafficked within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked to India for commercial sexual exploitation.[15] The Government of Bangladesh never provides any evidence of increasing efforts to combat sex trafficking or forced labor in any reporting period. This indicates there has huge gap between law and its implementation.

By constitution Bangladesh prohibits the trafficking of women and children for the purpose of commercial sexual exploitation or involuntary servitude under the Repression of Women and Children Act of 2000 (amended in 2003), and prohibits the selling and buying of a child under the age of 18 for prostitution.[16].

During the year, there was some evidence of official complicity in human trafficking. Several NGOs reported a direct linkage among members of parliament and corrupt recruiting agencies and village level brokers and indicated that politicians and regional gangs were involved in human trafficking and forcing them as slave.[17]Different NGOs also report that recruitment agencies in Dhaka have linkages with employers in destination countries who sometimes put their migrant workers in situations of forcing labor or even force them to do work like a slave.[18]

Analysis and recommendation:

It is true that Bangladeshi constitution defined force labor law but it has no proper implementation. Another problem is our poverty and large number of population which hinder to implement our constitutional law. But our government didn’t take proper way to implement this law. Our parliament members also responsible for improper implementation because of their linkage with force labor brokers’. If we look in the Malaysian constitution we will be able to see how their constitution précised forced labor law in their constitution and how they obey the law. [19]

Malaysian constitution not only has forced labor probation but also they have proper implementation. I recommend proper implementation of law rather than modifying law. Malaysia can be a good model for our govt. for proper implementation.

Conclusion:

The parliament holds the authority to enforce the laws of constitution. Nevertheless, the supreme authority is the people who hold the ultimate sovereignty within the country. Citizens of the country elect the government who are the representative’s only. According to Lutz D. S.to sovereignty refers to the ultimate authority in the people.[20] This practice is not exercised in Bangladesh that’s why forced labor becomes a great issue. Hope Bangladeshi govt. will try to implement this law properly and huge number of forced labor victim will get freedom from slavery

Bibliography

Book and Articles:

CONSTITUTION OF THE PEOPLE’S REPUBLIC OF BANGLADESH. (1972). Dhaka.

Lutz, D. S. (1980). Popular Consent and Popular Contro. Louisiana State: Univ. Press.

McKean, E. (Ed.). (2005). The New Oxford American Dictionary (2nd ed.). Oxford University Press.

Seaton, J. &. Register of debates in Congress (Vol. 3).

women and children act. (2000). Dhaka.Article 372-373.

Slavery: A 21st Century Evil. (2011). The guardian .

Website sources:

(n.d.). Retrieved Oct 15, 2011, from ILO: http://www. ilo.org

what-are-fundamental-rights. (n.d.). Retrieved 10 03, 2011, from www.wisegeek.com: http://www.wisegeek.com/what-are-fundamental-rights.htm

www.allinterview.com. (n.d.). Retrieved Oct. 15, 2011, from http://www.allinterview.com/showanswers/326.html

www.wisegeek.com. (n.d.). Retrieved Oct. 16, 2011, from http://www.wisegeek.com/what-are-fundamental-rights.htm

Definition of forcedlabor,(n.d), Retrieved from, Retrieved on 15-10- 2011 http://dictionary.reference.com/browse/forced+labor

Forced labor. (2011). In Encyclopedia Britannica. Retrieved on 15-10- 2011 from http://www.britannica.com/EBchecked/topic/275840/human-right


[1] See” what constitution is” allinterview.com. Retrieved 2011-09-28.

[2] See Gales J. & Seaton W., Register of debates in Congress, Volume 3, pp.486, “It is the people’s constitution, the people’s government; made for the people; by the people: and answerable to the people; But the state legislatures, as political bodies, however sovereign, are yet not sovereign over the people.

[3] See Constitution of the People’s Republic of Bangladesh, Article 7(2), “This Constitution is, as the solemn expression of the will of the people, the supreme law of the Republic, and if any other law is inconsistent with this Constitution and other law shall, to the extent of the inconsistency, be void.”

[4] See Gales J. & Seaton W., Register of debates in Congress, Volume 3, pp.486, “It is the people’s constitution, the people’s government; made for the people; by the people: and answerable to the people; But the state legislatures, as political bodies, however sovereign, are yet not sovereign over the people.

[5]See “fundamental-rights” wisegeek.com. Retrieved 2011-09-11.

[6] See “Part 3 Fundamental Rights” Constitution of the People’s Republic of Bangladesh, Article 26-47.

[7] See The New Oxford American Dictionary, Second ed., Erin McKean (editor), 2051 pages, May 2005, Oxford University Press, ISBN 0-19-517077-6.

[8] See” what is constitution” allinterview.com. Retrieved on 2011-09-28.

[9] See “sovereignty (politics)”. Britannica Online Encyclopedia.retrieved on 9th June, 2011.

[10]See “Slavery in the 21st century”. Newint.org. Retrieved 2011-09-29.

[11] See “Slavery: A 21st Century Evil” October 10, 2011.” Today, 27 million men, women and children are held, sold and trafficked as slaves throughout the world. In Slavery: A 21st Century Evil, RagehOmaar embarks on a worldwide journey to uncover the truth about the flourishing 21st century slave trade. Episode by episode, his investigation will expose the brutal reality of modern slavery and unpick the reasons why this age-old evil persists.”

[12] See “Forced labor” ilo.org. Retrieved 2011-09-30.” The International Labour Organization (ILO) estimates that there are at least 12.3 million people in forced labour worldwide. Children are thought to make up between 40 and 50 per cent of all forced laborers. Of this total some 2.4 million people are in forced labour as a result of human trafficking. Women and girls account for almost all those trafficked into sexual exploitation and the majority of people trafficked into labour exploitation. This means that some 80 per cent of all people trafficked for both economic and sexual exploitation are women and girls.”

[13] See “Forced labor” (case:1) a study on Fundamental rights in Bangladesh. pp 3-7.

[14] See “Part 3 Fundamental Rights” Constitution of the People’s Republic of Bangladesh, Article-34.” Prohibition 34 (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. Exceptions :(a) Nothing in this article shall apply to compulsory labour.(b) by persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose.”

[15]See “Bangladesh”. Trafficking in Persons Report 2010 (June 14, 2010).” Bangladesh is a source and transit country for men, women, and children subjected to trafficking in persons, specifically forced labor and forced prostitution. A significant share of Bangladesh’s trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced labor or debt bondage. Children – both boys and girls – are trafficked within Bangladesh for commercial sexual exploitation, bonded labor, and forced labor. Some children are sold into bondage by their parents, while others are induced into labor or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked to India for commercial sexual exploitation.”

[16] See “women and children act-2000” Articles 372 and 373.

[17] See “Bangladeshi Human trafficking case “prosecution, pp-2 “The Ministry of Home Affairs’ Anti-Trafficking Monitoring Cell reportedly collected data on trafficking arrests, prosecutions, and rescues, and coordinated and analyzed local-level information from regional anti-trafficking units. During the year, there was some evidence of official complicity in human trafficking. Several NGOs reported a nexus among members of parliament and corrupt recruiting agencies and village level brokers and indicated that politicians and regional gangs were involved in human trafficking.”

[18] See “Bangladeshi Human trafficking case “prosecution, pp-3-4 “Some NGOs also report that official recruitment agencies in Dhaka have linkages with employers in destination countries who sometimes put their migrant workers in situations of servitude. Low-level government employees were also complicit in trafficking. According to the Ministry of Home Affairs, the government prosecuted a civil servant who was complicit in trafficking; the trial remained ongoing at the end of the reporting period.”

[19] See” Malaysian constitution”, Article 6 “6.(1) No person shall be held in slavery. (2) All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.(3) Work incidental to the serving of a sentence of imprisonment imposed by a court of law shallot be taken to be forced labour within the meaning of this Article. (4) Whereby any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to beperformed the employees of the first mentioned public authority shall be bound to serve the second mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first mentioned or the second mentioned public authority by reason of the transfer of his employment.

[20] Donald S. Lutz, Popular Consent and Popular Control: Whig Political Theory in the Early State Constitutions (Louisiana State Univ. Press, 1980) at p. 38