Forced labour is any work or services which people are forced to do against their will under the threat

of some form punishment. Almost all slavery practices, including trafficking in people and bonded labour, contain some element of forced labour. Forced labour affects millions of men, women and children around the world and is most frequently found in labour intensive and/or under-regulated industries.

Forced Labour Forced Labour or Unfree labour is a generic or collective term for those work relations, especially in modern or early modern history, in which people are employed against their will by the threat of destitution, detention, violence (including death), or other extreme hardship to themselves, or to members of their families. Forced Labour includes any compulsory labour service, particularly that demanded by a dominant military force of prisoners of war, detainees, or a conquered civilian population. Under some circumstances a government may compel uncompensated labour services from its own population, either in accordance with existing national laws or on an ad hoc basis. Forced Labour is when an individual is forced to work against their will, under threat of violence or other punishment, with restrictions on their freedom. 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 labour. Forms of Forced Labour The hidden nature of forced labour and its many forms can add to the difficulty that companies face in addressing this dilemma. Forced labour can take several different forms, including: Bonded Labour: Where workers wages are forcibly channelled into paying for work-related goods and services, such as transportation, food and shelter. As a result they are locked into accumulating debt by exploitative job recruiters and/or landowners, and are forbidden from leaving the workplace. Workers' wishing to leave are often threatened by the employer, or find it difficult to leave due to the remoteness of the worksite. This occurs in many countries including Bolivia, Brazil, Cte dIvoire, Guatemala, Mexico, and Togo. Compulsory work: Where people are required, often by the government, to work on certain projects. In Uzbekistan, for example, children are forced to harvest cotton by the government with little or no compensation. Schools are often closed down during this time. The Environmental Justice Foundation

claims that companies including H&M, Marks & Spencer and Zara have all purchased clothing made from Uzbek cotton. Similarly, Myanmars regime also forces villagers into working on large infrastructure projects. Prison labour: Where convicts are forced to undertake certain labour projects such as road building, maintenance, etc. or work for private enterprise for no or little compensation. Individuals in this category may include prisoners of conscience or prisoners being re-educated to manufacture garments or components for electronic goods. On 17 August 2005, the China Labour Bulletin alleged that Deutsche Bank, HSBC, ING Merrill Lynch, Morgan Stanley and UBS hold shares (on behalf of clients) in a wig making company in China using prison forced labour. Trafficking: Where individuals are forced or tricked into going somewhere, often to other countries, by exploitive recruiters or companies with the promise of work. Once they are taken out of the country they either find themselves working in a completely different job or the terms of their contracts have unilaterally changed. Often, in these situations, employers hold identity papers or wages, creating a situation where workers cannot leave. In many instances, victims of trafficking are afraid of the consequences of approaching authorities due to their immigration status and/or threats and misinformation conveyed by the traffickers. [Source: http://human-rights.unglobalcompact.org/dilemmas/forced-labour/] International Law on Forced Labour Almost all member states of the ILO have ratified ILO Convention No. 29, on Forced Labour (1930) and ILO Convention No. 105, on the Abolition of Forced Labour (1957). It is important to note that both Convention No. 29 and No. 105 form part of the ILOs core conventions. Convention No. 29 establishes the fundamental principle that forced labour is punishable as a criminal offence. No. 105 prohibits forced or compulsory labour in certain situations. Finally, ILO Convention No. 182, on the Worst Forms of Child Labour (1999) defines what constitutes this category of child labour, such as subjecting children to slavery, serfdom or debt bondage, and exposing them to work. These forms of labour are likely to harm their health, safety and sense of morality. ILO Convention No. 29, on Forced Labour According to the Convention No. 29, forced labour is work or service that is exacted from any person under the menace of any penalty, and for which that person has not offered himself or herself voluntarily. The menace of any penalty does not have to be physical punishment or constraint; it can take other forms, such as the loss of rights or privileges. Victims of forced labour are often prevented from terminating employment at their discretion.

ILO Convention No. 29 excludes certain forms of labour which is not offered voluntary, including work: *Exacted in virtue of compulsory military service, which is purely military in character *That forms part of normal civic obligations *Exacted from a person as a consequence of a legal conviction. That is provided that the work is carried out under the supervision and control of a public authority *That is carried out in case of emergencies, such as in the event of war, fires, flood, famine, earthquake or violent epidemics *That provides minor communal services that are of direct interest of the said community This Convention has been ratified by 174 countries, with the notable exception of South Korea. ILO Convention No. 105, on the Abolition of Forced Labour ILO Convention No. 105 on the Abolition of Forced Labour prohibits the use of compulsory or forced labour in the following situations: *As a means of political coercion or education as a punishment of expressing political views *As a method of mobilising labour for the purposes of economic development *As a punishment for participating in strikes *As a means of racial, social, national or religious discrimination ILO Convention No. 105 has been ratified by 169 countries. Interestingly it has been denounced by Malaysia and Singapore. Other countries that have not signed this Convention include China and South Korea. [Source: http://human-rights.unglobalcompact.org/dilemmas/forced-labour/] Forced Labour in Different Countries According to the International Labour Organization (ILO), forced labour exists in both the developing world and in industrialised countries. International standards prohibit forced labour and it is illegal in most countries. The occurrence of forced labour and its prevalence is often hidden, occurring at the margins of society, and amongst vulnerable groups. Figure 1: 10 highest risk countries for forced labour India DR Congo

China Myanmar North Korea Chad

Pakistan Tajikistan Thailand Uganda

According to ILO estimates, globally there are 12.3 million people who are victims of forced labour. Of those approximately 9.8 million are exploited by private individuals and enterprises. This includes more than 2.4 million trafficked victims who are used as forced labour. Children under 18 are thought to represent 40-50% of all forced labour. [Source: http://human-rights.unglobalcompact.org/dilemmas/forced-labour/] Forced Labour Law in Bangladesh In 1972, Bangladesh ratified both ILO Convention No. 29 (1930), the Forced Labour Convention and ILO Convention No. 105 (1957), the Abolition of Forced Labour Convention. The law prohibits forced or bonded labour and the Factories Act and Shops and Establishments Act provide for inspection mechanisms to strengthen laws against forced labour. Constitution of bangladesh prohibits all forms of forced Labour in chapter 111. At 34th law. Law: 34. Prohibition of forced labour: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law. (2) Nothing in this article shall apply to compulsory labour. by persons undergoing lawful punishment for a criminal offence; or required by any law for public purpose. According to this law stated above, any kind of labour forced upon anyone and made to follow will be illegal and the person involved in such enforcement will be subject to serious punishment. The labour law system is more than a century old in Bangladesh. The first labour law was enacted in the Indian sub-continent during the British period, in 1881. Subsequently, the British Government introduced several laws concerning different labour issues, e.g., working hour, employment of children, maternity benefit, trade union activities, wage, etc. The Factories

Act (1881), Workmen's Compensation Act (1923), Trade Unions Act (1926), Trade Disputes Act (1929), Payment of Wages Act (1936), Maternity Benefit Act (1939), and the Employment of Children Act (1938) were remarkable labour laws enacted during the British period. After the separation of the Indian sub-continent in 1947, almost all the laws during the prepetition period were kept in force with some modifications and amendments, in the form of administrative rules, by the Pakistan Government. After the independence in 1971, the Bangladesh government retained the previous laws through the Bangladesh Laws Order (President's Order No. 48). It also enacted additional laws in response to the changing circumstances and needs of the working class and the country. In 2006, the country adopted the revised Bangladesh Labour Law of 2006 or BLL. The BLL is fairly comprehensive and progressive. The law is a consolidation and updating of the 25 separate acts. The comprehensive nature of the law can immediately be gleaned from its coverage -- conditions of service and employment, youth employment, maternity benefit, health and hygiene, safety, welfare, working hours and leave, wages and payment, workers' compensation for injury, trade unions and industrial relations, disputes, labour court, workers' participation in companies profits, regulation of employment and safety of dock workers, provident funds, apprenticeship, penalty and procedure, administration, inspection, etc. The BLL is also considered an advance because it removes certain ambiguities in the old and diverse labour acts and aligns the labour law system with the ILO core conventions. On the removal of ambiguities, the definition of a worker is now very specific. Another example: the exclusion under the term wages of the following items -- expense for housing facilities like lighting and water supply, employers contribution to the provident fund, traveling allowances and other sums paid to worker that are needed to cover work-related expenses. The BLL is also an advance because of its wider coverage, for example, workers and staff of hospitals, nursing homes and even non-governmental organizations are now covered by the law. Also, certain welfare and social benefits have been improved or instituted, e.g., death benefit (financial support to family of deceased worker), application of provident fund benefit to all workers in the private sector, expansion of maternity benefit from 12 to 16 weeks, adoption of group insurance for establishments with 200 or more workers, and increased employee compensation for work-related injury, disability and death. On the ILO core conventions, Bangladesh has ratified the following International Labour Conventions (ILCs): ILC 29 (Forced Labour),

ILC 87 (Freedom of Association and Protection of the Right to Organize), ILC 98 (Right to Organize and Collective Bargaining), ILC 100 (Equal Remuneration), ILC 105 (Abolition of Forced Labour), ILC 111 (Discrimination in Employment and Occupation), and ILC 182 (Elimination of the Worst Forms of Child Labour).

The only core convention not ratified by Bangladesh is ILC 138 (Minimum Age Convention). However, the BLA provides that the minimum age to work is 14 (although a special clause states that children between the ages of 12 and 14 may be employed to do light work that does not endanger their health, development and education). Overview of Bangladesh Labour Laws According to U.S. State Dept Trafficking in Persons Report, June, 2009, Bangladesh is a source and transit country for men, women, and children trafficked for the purposes of forced Labour and commercial sexual exploitation. A significant share of Bangladeshs trafficking victims are men recruited for work overseas with fraudulent employment offers who are subsequently exploited under conditions of forced Labour or debt bondage. Children both boys and girls are trafficked within Bangladesh for commercial sexual exploitation, bonded Labour, and forced Labour. Some children are sold into bondage by their parents, while others are induced into Labour or commercial sexual exploitation through fraud and physical coercion. Women and children from Bangladesh are also trafficked to India and Pakistan for sexual exploitation. [Source: http://gvnet.com/humantrafficking/Bangladesh.htm] The US Department of State's 2009 Human Rights Report claims that throughout Bangladesh entire families are subjected to bonded labour. Some children are forced to work in the fishing industry. The penal code prohibits forced and bonded labour. Penalties for employers found guilty of using forced labour range from a fine to one years imprisonment. These penalties do not discourage the practice. Furthermore, the government does not effectively enforce prohibitions against forced labour. Large numbers of Bangladeshi women and men voluntarily migrate for work to countries such as Saudi Arabia, Bahrain, Kuwait and the United Arab Emirates, some find that illegal fees imposed by employment agencies subject them to bonded labour situations. Others are induced into forced labour through fraudulent job offers.

The report by the US Department of State gives a raw but vivid picture of forced labour in Bangladesh. Although rare in urban Bangladesh, bonded labour is common in rural areas. Unlike in cities where workers are paid a daily or fixed wage, the rural workforce mostly has to make verbal arrangements for wages, which are often manipulated by unscrupulous landlords and loan sharks, known as Mahajan. Still another way to become bonded is being forced to take out a loan due to a temporary financial crisis, often caused or aggravated by a poor harvest or family emergency. Once bonded, the labourer is then forced to work long hours for little or no pay, often seven days a week. Many, mostly women and children, end up as domestic servants, working in conditions that resemble servitude. Many suffer physical abuse, sometimes resulting in death. Tens of thousands of people are working as bonded labourers in rural Bangladesh. Even though it is illegal, entire families, including children, are bonded to their employers while they struggle to pay back loans. Thousands of children are being forced into bonded labour every day because of poverty and their parents' unemployment. According to Anti-Slavery International, bonded labour - or debt bondage - is probably the least-known form of slavery and yet the most widely used method of enslaving people. Although proscribed by international law, millions worldwide are affected, particularly in South Asia. Analysis in relation to the fundamental rights of constitution According to Act 26 of fundamental rights in constitution of Bangladesh: Laws inconsistent with fundamental rights to be void: (1) All existing law inconsistent with the provisions of this Part shall, to the extent of such inconsistency, become void on the commencement of this Constitution. This means that if any law goes against or contradicts the Forced Labour Law that law would thereby turn out to be void or inactive and thus will no longer to be considered in action. This promotes the supremacy of forced labour law and shows its significance in the constitution and law system.

(2) The State shall not make any law inconsistent with any provisions of this Part, and any law so made shall, to the extent of such inconsistency, be void. This states that the law makers will not enact or establish such a law that will contradict the parts and provisions of forced labour law. And even if such a law comes into existence, its actions will be void. (3) Nothing in this article shall apply to any amendment of this Constitution made under article 142. The latter clause, clause 3 was added later into the constitution. This was after changes were made in the constitution under article 142. This states that no change or amendment made in the constitution under article 142 will be effective on the forced labour law. The fundamental rights in relation to the labour law system, put great emphasis on forced labour law and proves the permanence of forced labour law in the law system of the country. Recommendations Enact the draft comprehensive anti-trafficking legislation that criminalizes the forced labour of men, in order to integrate anti-labour trafficking objectives into national anti-trafficking policies and programs; increase criminal prosecutions and convictions for all forms of labour trafficking, including those involving fraudulent labour recruitment and forced child labour; take steps to address the allegations concerning the complicity of public officials in trafficking, particularly through the criminal prosecution and punishment of those found involved in or abetting human trafficking; increase the capacity of the Vigilance Task Force and improve oversight of Bangladesh's international recruiting agencies to ensure they are not promoting practices that contribute to labour trafficking; place AntiTrafficking Monitoring Cell officers in Bangladeshi embassies in destination countries; and provide protection services for adult male trafficking victims and victims of forced labour. The facts are elucidated in details below: 1. Start a broad-based awareness-raising campaign Citizens have reported cases of forced labour, suggesting that raising awareness among the general public can increase identification of victims. Furthermore, public awareness about the link between the demand for cheap products and services and the crime of forced labour can foster public pressure on companies and industry to take responsibility for the treatment of workers in the production of components or ingredients in the products they sell in the Bangladesh. The Bangladesh government should also encourage worker and employer organizations to promote awareness about

forced labour and trafficking within their constituencies. More research needs to be conducted on the demand for commercial sex services so as to design a public awareness campaign to combat forced labour in this sector. 2. Improve institutional capacity to respond to forced Labour and trafficking. This means training government officials involved in identification, investigation, and prosecution of perpetrators of trafficking and forced labour. Better coordination of law enforcement activities and policies also should be promoted between federal, state, and local level authorities. In addition, more resources should be devoted to enable service agencies to serve existing clients and to conduct outreach that might result in identifying more forced labour survivors. 3. Ensure better protection for workers in sectors vulnerable to forced Labour and trafficking. Increased legal protections and monitoring of working conditions in agriculture, domestic labour, sweatshops, and food service would promote safer work environments. Promote accountability in those sectors, especially agriculture and garment manufacturing, that use subcontracting systems which violate labour laws and practices. In particular, there is a need for the Department of Labour to deepen its monitoring and enforcement activities in low-wage sectors. This is another key area in which worker and employer organizations may become involved by disseminating information and promoting compliance with fair labour standards. 4. Correct aspects of immigration policy that encourage the practice of forced Labour. The Bangladesh government should eliminate the visa requirement that mandates a worker to remain with one particular employer. This would go a long way toward reducing the vulnerability of low-wage workers, such as domestic Labourers, to exploitation. 5. Strengthen protection and rehabilitation programs for survivors. To address short-term needs of survivors, the Bangladesh government should create incentives for survivors to come forward and cooperate with law enforcement personnel. This includes developing mechanisms to protect victims and family members vulnerable to retaliation and threats by traffickers in home countries. Bangladesh authorities should also review eligibility requirements for immigration relief as well as their administration to ensure these are consistent with the goal of supporting and protecting survivors. Increased public and private support to social service agencies is required in order to provide adequate, safe housing to survivors upon liberation from captivity. Once survivors feel safe and secure they are more likely to aid law enforcement personnel in the prosecution of suspected traffickers.

Conclusion Forced Labour remains a big problem in the Bangladesh because there is public ignorance of the crime, a lack of sensitivity to victims, insufficient legal action, and a public demand for cheap goods and services. Yet for all its severity and breadth, forced labour can be stopped. The record of accomplishments is striking, particularly considering that the Trafficking Act has been in effect for less than five years. It is clear, however, that much remains to be done.