UNITED NATIONS

CRC

Convention on the Rights of the Child

Distr.GENERAL

CRC/C/OPSC/BGD/Q/1/Add.1

16 May 2007

Original: ENGLISH

COMMITTEE ON THE RIGHTS OF THE CHILD

Forty-fifth session21 May – 8 June 2007

WRITTEN REPLIES BY THE GOVERNMENT OF BANGLADESH TO THE LIST OF ISSUES (CRC/C/OPSC/BGD/Q/1) TO BE TAKEN UP IN CONNECTION WITH THE CONSIDERATION OF THE INITIAL REPORT OF BANGLADESH SUBMITTED UNDER ARTICLE 12, PARAGRAPH 1, OF THE OPTIONAL PROTOCOL TO THE CONVENTION ON THE RIGHTS OF THE CHILD ON THE SALE OF CHILDREN, CHILD PROSTITUTION AND CHILD PORNOGRAPHY (CRC/C/OPSC/BGD/1)

[Replies received on 1 May 2007]

GE.07-42020

List of abbreviations

ADPAnnual Development Programme

AIDSAcquired Immune Deficiency Syndrome

BANBEIS Bangladesh Bureau of Educational Information and Statistics

BBSBangladesh Bureau of Statistics

BDHSBangladesh Demographic and Health Survey

BDRBangladesh Rifles

BHISThe Bangladesh Health and Injury Survey

BSCICBangladesh Small and Cottage Industries Corporation

BSFBorder Security Force

CRCConvention on the Rights of the Child

IMCIIntegrated Management of Childhood Illness

IPHNInstitute of Public Health and Nutrition

LBWLow Birth Weight

MOWCAMinistry of Women and Children Affairs

NGONon Government Organisation

NIPORTNational Institute of Population Research and Training

NPANational Plan of Action

PRSPPoverty Reduction Strategy Paper

SAARCSouth Asian Association for Regional Cooperation

SVRSSample Vital Registration Survey

U5MRUnder 5 Mortality Rate

UAEUnited Arab Emirates

UNICEFUnited Nations Children’s Fund

Response to the issues raised by the Committee on the Rights of the Child relating to the report submitted by Bangladesh under the Optional Protocol t o the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography

Background

This document has been put together as a response to the issues raised by the Committee on the Rights of the Child relating to the report submitted by Bangladesh under the Optional Protocol.

Situation of Children

Progress has been made in the area of poverty reduction over the last two decades.In the Human Development Report 2003, Bangladesh was included in the medium human development group. It ranked 145th out of 173 countries in the Human Development Report 2002 and 137th out of 177 countries in the Human Development Report 2006. Bangladesh has made more progress in the fields of education, immunization, nutrition, and primary health care in recent years as described below.

Access to primary education has increased steadily over the years. The net enrolment rate of children in the primary level has increased from 82.7 per cent in 2003 to 87.2 per cent in 2005 (MOPME, 2005). As per the 2005 survey, the girls’ enrolment was 90.1 per cent and that of the boys 84.6 per cent. The gross enrolment rate has increased from 73 per cent in 1990 to 96.6 per cent in 2000, and to 97.5 per cent in 2005. There are 80,446 primary level institutions, 124,992 teachers in primary schools and 16.2 million students enrolled in 2005.

The completion rate for the five-year primary education increased from 40.7 per cent in 1991 to 67 per cent in 2001, and to 67 per cent in 2005.At the primary level, the repetition rate was 10.5 per cent, and the attendance rate stands at 77 per cent (MOPME, 2005). The dropout rate has gone down for the primary level (grade 1-5) from 38 per cent in 1995 to 33 percent in 2001, and to 22 per cent in 2005. Although the average dropout rate in the entire secondary level cycle (grade 6-12) is 38 percent, the rate is higher in the upper grades (grade 9-10).

The enrolment rate has improved due to an increase in the Government’s budgetary allocation for education, making primary education free, and putting in place a massive scholarship programme for the primary level and a girls’ stipend programme up to the twelfth grade. Girls were found to have a slightly higher attendance rate compared to boys: 59.7 per cent for girls as compared to 57.1 per cent for boys.

However, approximately 1.6 million primary school-age girls are still out of school and a remarkable regional variation in net enrolment exists. The net enrolment in urban slums is much lower- only 60 per cent girls and 55.6 per cent boys were enrolled in 2003. There is also limited school attendance due to difficult terrain in Chittagong Hill Tracts.

Net enrolment rates in the secondary level were 45.87 per cent for girls and 40.60 per cent for boys in 2001 which went up to 52.11 per cent and 44.05 per cent respectively (MOE, 2006). Gross and net enrolment rates for female students are higher than male students in the junior secondary level (grade 6-8) and the secondary level (grade 9-10). However, female enrolmentdeclines in the higher grades (grade 11-12). In 2005, retention rates in the secondary school for girls were 40.35 per cent and for boys 42.71 per cent.

There has been a steady decline in infant mortality rates from 92 per thousand live births in 1991 to 53 per thousand in 2003 (BBS, SVRS, 2003). The under-five child mortality rate has come down from 151 in 1990 to 78 per thousand in 2003 (BBS, SVRS, 2003). Due to the relative decline in deaths caused by infectious diseases, non-infectious causes such as injuries and accidents are now considered to be important causes of deaths. One study (ICMH and UNICEF, 2003) shows that injuries and accidents make up 29 per cent of the total deaths among children aged 1 to 4 years.

Various interventions resulted in the reduction of child mortality rates. Access to vaccination is foremost among them. The BCG coverage was as high as 96 per cent in 2003 and went up to 98 per cent in 2006. The access to immunization in Bangladesh is very high as shown by these figures. The rate of measles vaccination was 69 per cent in 2003 and went up to 78 per cent in 2006. However, it is recognized that the percentage of fully immunized children needs to be increased further. Both hepatitis-B vaccination and AD syringes have been introduced in 2003. Facility-based Integrated Management of Childhood Illnesses (IMCI) activities that began in 2002 cover over 140 sub-districts (upazila) in 2006.

The percentage of children aged 6 to 59 months with stunting decreased from 64.2 per cent in 1992 to 48.3 per cent in 2000 and 42.4 per cent in 2005; underweight decreased from 68.3 per cent in 1992 to 51.0 per cent in 2000 and 47.8 per cent in 2005; and wasting decreased from 16.7 per cent in 1992 to 12.0 per cent in 2000 and remained at 12.7 per cent in 2005 (BBS and UNICEF, 1992, 2000, 2005). About 36 per cent of infants are born with low birth weight (LBW <2,500g) (BBS/UNICEF 2003-04). Maternal malnutrition (body mass index <18.5 kg/m2) in non-pregnant rural women declined from 52 per cent in 1996-97 to 38 per cent in 2004, but is still high (NIPORT, 2004).

Iodised salt consumption increased from only 19 per cent in 1993 to 70 per cent in 2000 and rose to 84 per cent in 2006 (BBS/UNICEF, 1993, 2000, 2006). Due to salt iodization, the total goiter prevalence in children has decreased from 50 per cent in 1993 to 6 per cent in 2004-05 and biological iodine deficiency among children decreased from 71 per cent in 1993 to 34 per cent in 2004-2005 (IPHN/BSCIC/ ICCIDD/UNICEF, 1993 and 2004-05).

Vitamin-A supplementation for children aged 12 to 59 months rose from 41 per cent in 1993 to 85 per cent in 1995, and has been sustained at more than 85 per cent throughout the last decade. Vitamin-A deficiency in preschool-aged children continues to be successfully controlled through high coverage of vitamin.

Resource Trends for Children

The Government has increased its investment in the education and health sectors by allocating about one-sixth of the national budget.

Table 1: Budget Allocation under the Annual Development Programme (ADP)

(Taka in million)

Year

Total Development Budget

Primary and Mass Education

Higher Education

Health

2001-2002

160,000

14,053

6,396

14,430

2002-2003

171,000

14,466

11,054

15,430

2003-2004

203,000

11,058

16,052

16,120

2004-2005

220,000

15,957

15,453

21,560

2005-2006

245,000

16,660

16,310

22,690

2006-2007

260,000

19,920

18730

20,633

Source : Annual Budget for 2001-02, 2002-03, 2003-04, 2004-05, 2005-06, 2006-07;

Finance Division, Ministry of Finance; (Exchange rate of 1 US$= Taka 70.0)

The above table shows that there is an overall consistency in the development budget (Annual Development Programme) allocation in two major social sectors, i.e., education and health.

The education and health sectors together account for about one quarter of the total development budget. The increase in allocation has been substantial in the last six-year period. The development budget is composed of both internal resources and foreign aid and loans. In 2006-2007, for example, the total internal resources have been estimated to be 56 per cent of the total development allocation while 44 per cent comes from external resources.

Five sectors, education, health, social welfare, sports and culture, and labour and manpower are considered under the social sector. Bangladesh has been allocating more than 20 per cent of the total government expenditure in social sectors since 1990, which is more than 3 per cent of GDP. The following table gives sector-wide breakdown of allocatios for the last six years.

Table 2: Allocations in social sectors under the Annual Development Programme (ADP)

(Taka in million)

Sector

2001/02

2002/03

2003/04

2004/05

2005/06

2006/07

1. Education and religions affairs

21,710

25,520

27,110

31,410

32,970

38,650

2. Health and family welfare

14,430

15,430

16,120

21,560

22,690

20,633

3. Social welfare, women affairs and youth development

1,730

2,270

1,690

1,800

1,880

3,765

4. Sports and culture

790

940

1,210

1,450

1,570

1,606

5. Labour and manpower

180

270

570

690

710

837

6. Sub-total

38,840

44,420

45,179

55,290

58,128

65,491

7. As percent of ADP expenditure

24.3

26.0

22.3

25.1

23.7

25.19

8. Total ADP allocation

160,000

171,000

203,000

220,000

245,000

260,000

Source: Annual Budget for 2001-02, 2002-03, 2003-04, 2004-05, 2005-06, 2006-07

Finance Division, Ministry of Finance; (Exchange rate of 1 US$= Taka 70.0)

Response by the Government to issues raised by theCommittee

Please provide (if available) statistical data (including by sex, age groups, urban/rural areas) for the years 2004, 2005, and 2006 on:

The poverty situation in Bangladesh is not as bad as it was 20 years ago. Although the level of poverty is going down, a large number of people are still living under the poverty line. Poverty has a recognizable impact on the poorest which is reflected in various social ills such as sale of children, child prostitution and child pornography. However, they are not major issues at the national level. The poor are not selling their children in great numbers or pushing them towards prostitution and pornography to any significant extent. The Government believes that both direct interventions as well as general socio-economic upliftment are required to address these issues. To respond to the following questions, both direct and proxy indicators data were used.

The number of reported cases of sale of children, child prostitution and child pornography, with additional information on the type of follow-up provided on the outcome of the cases, including prosecution, withdrawals and sanctions for perpetrators.

In terms of numbers, it is not possible to assert how many children are victims of sale, prostitution and pornography. Some data that indirectly shows the impact of these acts is available. Data on child trafficking is provided under the next issue. Some recent data on abduction, rape, trafficking, killing and extortion of children, collected regularly by the Ministry of Women and Children Affairs (MOWCA) is provided below:

Types of Abuse

2004

2005

2006

Abduction

179

185

258

Rape

171

178

209

Killing or serious physical injury after rape

8

12

8

Trafficking

15

31

30

Killing or injured

11

15

6

Extortion

17

10

26

Others

41

120

112

Total

442

551

649

Throwing acid on children and women is a form of violence that has shown downward trend due to the Government's strict imposition of two acid-related laws enacted in 2000. As per the information provided by the Police, acid throwing cases were 236 in 2004, 215 in 2005 and 114 in 2006.

The following table shows the number of child offenders arrested on various charges.

Type of offence

2004

2005

2006

Abduction

147

165

203

Trafficking

09

34

43

Extortion

19

17

27

Total

175

216

273

A total of 175 children in 2004, 216 in 2005 and 273 in 2006 were accused under various cases reported to the police. The nature of crimes varies such as drug abuse, cruelty, possession of arms and explosives, murder, robbery, snatching, theft, pick pocketing etc.

For August 2003, a total of 1,041 juveniles were reported to be in different prisons. Of those 959 were males and the remaining 82 were females. They were kept separate from all other prisoners, and were provided with food, accommodation, healthcare and education facilities.

The number of children trafficked to and from Bangladesh as well as those trafficked within the country;

Information collected through Bangladesh diplomatic missions on the number of persons arrested or waiting for return to Bangladesh shows that a total of 165 children and women are currently in this category. These people are in jails in Bahrain, India, Malaysia, Myanmar, Pakistan, Singapore and Abu Dhabi jails at present.

A Police Monitoring Cell at the Police Headquarters in Dhaka collects information regarding human trafficking, especially trafficking in women and children, arrests criminals and rescues trafficked persons, assists in prosecuting relevant cases, helps in rehabilitation of trafficked persons, and regularly follows up the progress of disposal of cases. The Cell also maintains the database of trafficking related cases. Monitoring units were formed in each of the 64 district headquarters which send updated statistics to the police headquarters. After compiling this data, the Cell prepares a report and sends it to the Ministry of Home Affairs in different formats on daily, fortnightly and monthly basis. These reports relate to disposal of cases, recovery and rehabilitation of trafficked persons, subsequent follow up, and repatriation of trafficked persons. The compiled information in this regard is provided in annex I.

Institution of cases:

During the period June 2004 to March 2007, 394 cases were initiated in different police stations; the total number of traffickers involved in these cases was 1,301, out of which 428 were arrested.

Disposal of cases:

The National Case Monitoring Committee selected 146 cases in five phases from June 2004 until March 2007 for special monitoring. A total of 142 cases have already been disposed of , out of which 75 cases ended in conviction and 53 cases ended in acquittal. 128 persons were convicted in these cases.

Rescue and recovery of trafficked persons:

The police, coast guard, other forces and a number of NGOs rescued and assisted a significant numbers of victims of trafficking during the period under report. A total of 559 trafficked persons were recovered during the same period. Of those, 265 were women, 25 were men and 269 were children.

Rehabilitation and follow-up:

Following their rescue, 540 persons were rehabilitated by being sent to their parents and guardians after proper verification and documentation; 11 persons were sent to the safe homes of the Ministry of Social Welfare and the Ministry of Women and Children Affairs; and eight persons were sent to the safe homes of NGOs. They were also given the opportunity to receive basic education and vocational training. (see annex-I)

Repatriation, rehabilitation and reintegration of children used as camel jockey:

With the technical support of UNICEF Bangladesh, 200 children involved in camel racing in UAE have been repatriated since August 2005. With the help of the local administration and NGOs, 199 children have so far been reintegrated either with their families or to an NGO safe home.

Prevention at air/land ports :

As per a new screening process at international airports and land ports, 3,487 persons who did not have proper papers and documents, were prevented from going abroad.

The number of child victims provided with recovery assistance and compensation as indicated in article 9, paragraphs 3 and 4, of the Protocol.

The Government has five safe homes in five cities for victims of rape and trafficking.Thirteen children who are victims of rape and sexual exploitation are in these homes as of February 2007, and . 61 children have been rehabilitated in the period April 2006 to February 2007.

Please clarify whether the National Plan of Action against sexual abuse and exploitation of children, including trafficking (para. 7 of the State party’s report) also covers sale of children, child prostitution and child pornography.

The National Plan of Action against sexual abuse and exploitation of children does include the sale of children, child prostitution and child pornography. The working definition of child sexual exploitation on page11 of NPA states: “….involves a commercial transaction, through exchange and/or perceived exchange in cash or kind. It includes street-based and brothel-based child prostitution, trafficking in boys and girls for sexual purposes, child sex tourism, and child pornography". NPA contains various measures regarding child sexual exploitation in general (prevention, protection etc.), but not specifically regarding each of the issues (sale, child prostitution and child pornography).

Please provide more information on measures taken to establish an effective system of data collection on the issues covered by the Optional Protocol.

Since June 2004, there has been aregular system of submission of timely and correct information from the Police Monitoring Cell, District Headquarters, concerned Ministries/Divisions and different NGOs to the Ministry of Home Affairs. The Police Monitoring Cell collects information relating to cases, recovery and rehabilitation of trafficked persons, apprehension of traffickers on a regular basis from district monitoring units and other agencies. After compiling this data it prepares a report and sends it to the Ministry of Home Affairs. The information thus received has helped to have a better understanding of the problem, and give correct directives to the concerned officials, which is significantly contributing to combat the problem of trafficking in women and children more effectively and efficiently. The latest data are provided in annex I .

Please clarify the legal status of the Optional Protocol in the State Party’s legislation.

This Optional Protocol to CRC holds similar status as other international conventions, covenants and treaties. Bangladesh ratified the Protocol on 6 September 2000. Before ratifying it, the Ministry of Women and Children Affairs and the Ministry of Law, Justice and Parliamentary Affairs took care in examining its consistency with the Constitution, laws of the land, policies, administrative set up, needs of children, financial requirements involved etc. A recommendation was drafted by the ministries after which the Cabinet approved the proposal. The Protocol was approved with the understanding that where the laws, rules and administrative provisions required any review, amendment and even enactment of new laws to make them consistent with the Protocol, would be undertaken in due course. A list of the amended laws and new laws enacted in recent years are given in Annex II.

For example, the Government amended the "Prevention of Women and Children Repression Act 2000" in 2003 and is reviewing other 45 laws that affect children, which will be amended where necessary. Most of these laws are old and they deal with children of different ages. For example, as per the "Suppression of Immoral Traffic Act 1933", no girl under 18 years of age may be engaged in the sex trade. However, according to Section 42 of the Children Act 1974, no girl under 16 years of age is permitted to work as a sex worker. These two laws refer to two different ages. Again, none of these make any reference to boys engaged in the sex trade.

Section 6 of the "Prevention of Women and Children Repression Act 2000" punishes "any person who buys or sells any child for any unlawful or immoral purpose" (para. 36 of the State party’s report). Please clarify whether:

sale of children is permitted under any other circumstances (e.g. sale for adoption);

children between 16 and 18 years are also covered by this Act;

the provisions of this Act are incorporated in the State party’s criminal law.

Sale of children is not permitted in Bangladesh laws. Muslim Law (Personal Law) does not recognize the practice of adoption. In Hindu Law, adoption is recognized but not through sale in any form.

Children between 16 and 18 years are not covered by this Act.

The "Prevention of Women and Children Repression Act 2000" is itself a special criminal law and it is administered by a tribunal called Suppression of Violence Against Women and Children Tribunal.

Please indicate whether besides section 293 of the Penal Code, which punishes distribution and dissemination of pornographic material to children, the State Party’s legislation adequately defined and punished child pornography in conformity with article 2 (c) and 3 (1) (c) of the Optional Protocol.

There is no other penal provision in any law of Bangladesh to punish the offences related to the distribution and dissemination of pornographic materials to children.

Please advise the Committee of measures adopted to detect and investigate cases of trafficking, sale of children, child prostitution and child pornography.

Under the "Prevention of Women and Children Repression Act 2000" (as amended in 2003), 42 special tribunals have been established in 33 districts of the country, and a special judge has been posted to each tribunal for trying cases only relating to violence against women and children including trafficking in women and children. This initiative was taken to facilitate quick disposal of cases related to trafficking in women and children.

The Inter-Ministerial/Inter-Organizational Case Monitoring Committee in the Ministry of Home Affairs monitors pending cases on trafficking in women and children in the country and ensures quick disposal of these cases. The District Monitoring Committee headed by a Deputy Commissioner at the local level monitors cases regularly for quick disposal.

The Inter-Ministerial/Inter-Organisational Anti-TraffickingCommittee led by the Secretary of the Ministry of Home Affairs holds meetings once a month to monitor the progress of the activities undertaken by different ministries and departments to combat trafficking in Bangladesh. The GovernmentNGO National Co-ordination Committee headed by the Secretary of the Ministry of Home Affairs is made up of representatives from the Ministry of Home Affairs, the Ministry of Foreign Affairs, the Ministry of Women and Children Affairs, the Attorney General’s Office and various NGOs involved in monitoring and implementing programmes to combat trafficking.

Please inform the Committee on whether the State Party may establish its jurisdiction over the offences referred to in the Optional Protocol in all cases indicated in article 4, and notably when the crime is committed abroad and the victim is a national of Bangladesh.

The State Party may establish its jurisdiction over the offences referred to in the Optional Protocol, if the other party is also a signatory of the Protocol, and the offence is committed within the territory of that party. This Protocol will empower the State Party to exercise its jurisdiction if the offence falls within the purview of this Protocol.

Please provide more information on extradition rules and in particular on whether the State party applies article 5 of the Optional Protocol, and notably its paragraph 2.

There is an Extradition Act of 1974. As per this Act, a separate extradition treaty is needed with each foreign State. Bangladesh has such a treaty with Thailand. Negotiations are going on with India to have such a treaty. A concept paper has been agreed upon between Bangladesh and India and a rapid assessment has been conducted in accordance with it. The assessment identified complex and lengthy procedural requirements in the rescue-repatriation process. The first bilateral meeting was held in December 2006 and a plan of action was drafted. The Ministry of Home Affairs, UNICEF and NGOs had fruitful discussions in February and April 2007. The plan will be elaborated to include all necessary inputs before being agreed upon between the two parties. The time frame of the plan is May 2007 to December 2008. Within this period, capacity-building will be ensured and an institutional mechanism will be put in place. Several protocols, guidelines and policies will be prepared such as a transfer protocol, a liaison protocol, a checklist for the identification of victims, interview guidelines, a protection policy, minimum standards of care and practice, a reintegration policy, family assessment tools and monitoring tools.

Please provide further information on the measures taken to protect the rights and interests of child victims of the practices prohibited under the Protocol at all stages of the criminal justice process, and in particular on the rules and practice concerning the protection of child victims who have to testify in criminal cases.

As per the Evidence Act 1872 (Section 118), a child can give evidence in court. This is conditional to the extent that the child must be competent to testify on the matter in question if his/her testimony is pertinent to the case under trial.

In Sections 14 and 31 of the "Prevention of Women and Children Repression Act 2000", there are provisions regarding the protection of rights and interests of child victims in the criminal justice system that discourage the publication of anyinformation regarding the identity of the victim in any media. Moreover, if the Suppression of Violence against Women and Children Tribunal thinks fit, it may put the victim in a safe home.

Section 17 of the Children Act of 1974, on the other hand, prohibits the publication of any report that discloses the identity of a child in child-related cases. In Section 46 of this Act, there is a provision to penalize the publication of such reports or pictures of a child.

Please provide more information on measures taken to strengthen international assistance in connection with investigations or criminal or extradition proceedings brought in respect of the offences covered by the Optional Protocol.

Under the Extradition Act of 1974, Bangladesh is having preliminary discussions with several countries to put in place bilateral treaties so that investigations on criminal or extradition proceedings can be undertaken.

Please elaborate further on the measures taken to prevent the offences referred to in the Protocol, and in particular on the implementation of the Births and Deaths Registration Act of 2004 and its contribution to establish an effective national registration system. Please also elaborate on the measures, if any, aimed at promoting awareness in the public at large, including children, about the harmful effects of the offences referred to in the Protocol.

The rate of birth registration in the country is currently around 10 per cent, up from 7 per cent estimated in 2003. The Births and Deaths Registration Act was passed by the Parliament in December 2004. The Birth and Death Registration Act 1873, and the Births, Deaths and Marriages Registration Act of 1886 were repealed. The new Act of 2004 requires the birth certificate as a proof of age for services that directly affect child rights, including enrolment in educational institutions, marriage registration and transfer of property, as well as other services.

To meet the expected demands of this new Act, training was provided in all 64 districts to government officials and local government representatives In addition, administrative and communication materials were developed and distributed to all districts in 2006. Pilot interventions have been undertaken to link birth registration to health and education sectors, confirming that only by adopting an inter-sectoral strategy, will it be possible to register a significant number of children, ensure that they receive their birth certificate and that the valid certificates are used when accessing other services.

Please provide the Committee with updated information on the social reintegration assistance as well as physical and psychosocial recovery measures available for victims of offences covered by the Protocol and the State budget allocations for this purpose.In this respect, please elaborate on the status of the guidelines for the recovery and reintegration of children victim of sexual exploitation mentioned in paragraph 99 of the State Party’s report.

The Government of Bangladesh, in cooperation with NGOs and donors, has undertaken important measures to prevent trafficking and to rescue and reintegrate women and children who have been victims of trafficking. These include the reactivation of the judicial process, strengthening of law enforcement agencies, advocacy and awareness-raising programmes for parents and communities, promotion of girls’ education, sexual and reproductive health programmes, and micro-credit, micro-entrepreneurship and other economic schemes for poor families. In addition, more sensitive programmes to address the issues of safe return, which include repatriation, rehabilitation and reintegration, have been carried out.

A notable achievement in 2005 was the repatriation of Bangladeshi children from UAE who had been working as camel jockeys. The Government of the United Arab Emirates has given financial support to rehabilitate and reintegrate these children. Moreover, it has taken special measures to recover the earnings of children that the employers had retained. This involved close collaboration between the Ministry of Home Affairs, the Ministry for Foreign Affairs, the Government of UAE, UNICEF and NGOs. Another significant achievement has been the establishment of cross-border repatriation through the collaboration of BDR and BSF, the deputy commissioners and police superintendents, and NGOs in Bangladesh and other neighbouring countries. This has expedited the process of the safe return of trafficked individuals and is one of the best initiatives in practice.

Please indicate whether special training, particularly legal and psychological, is provided to persons working in the area of recovery and social reintegration of child victims of the offences under the Optional Protocol.

Training on child rights and gender related issues is carried out regularly at the district and local government levels. Special emphasis is placed on sexual abuse and exploitation, early marriage, juvenile justice and birth registration. Training targets institutes for the police, magistrates and judges and concerned ministries.

New training materials on juvenile justice were prepared and translated from English to Bangla, which include the Handbook for Police and Bench Books for Judges and Magistrates on Children in Contact with the Juvenile Justice System. Moreover, the international instruments on juvenile justice and non-custodial measures have also been translated from English to Bangla for training and for wider dissemination.

Under current negotiations with India to enable rescue, repatriation and reintegration of children victims of trafficking, six different training programmes will be put in place on interview methodology, child identification, child protection mechanisms, minimum standards of care and practices, HIV/AIDS, and the reintegration process.

Annex I

Progress report on anti-trafficking measures, especially trafficking in women and children

(from 15 June 2004 to 31 March 200 7 )

Sl.

Subject

Indicators

Data

01

Monitoring of selected cases relating to trafficking in women and children:

1. Total Selected Cases

2. Total disposed of cases

3. Total cases ended in conviction

4. Total accused convicted:

a. Death sentence

b. Life imprisonment

c. Other terms

5. Total cases ended in acquittal

6. Total persons acquitted

146

142

75

128

03

95

30

67

251

02

Monitoring of new cases

(since 15 June, 2004)

Total cases instituted

Total accused involved

Total traffickers arrested

Charge sheet

Final report

Total cases relating to complicity of officials

Total officials involved

394

1301

428

279

80

03

15

03

Total cases disposed of

Total cases disposed of under monitoring

Total cases disposed of out of monitoring Total=

3. Total cases ended in conviction

4. Total cases ended in acquittal

5. Total persons convicted

175

97

272

108

164

175

04

Persons rescued

1. No. of persons rescued by police

2. No. of persons rescued by BDR

3. No. of persons rescued by RAB

4. Self

Total

325

98

25

111

559

05

Rehabilitation of trafficked persons

1 . Parents

2. NGOs safe home

3. Govt. safe home

Total - (Women- 265, Male- 25, Children- 269)

540

08

11

559

06

Repatriation, rehabilitation and re-integration of camel jockeys/ trafficked persons

1.Total number of jockeys repatriated

2.Total number of jockeys reintegrated

3.No. of jockeys yet to be reintegrated

169

168

1

07

Prevention at airport/ land port

i. Zia Airport, Dhaka:

a. 1. Check-in-counter

2. Immigration

3.Passport checking unit

b. Chittagong Airport :

c. Sylhet Airport:

ii. Land port:

a. Beanpole, Jessore:

b . Hili, Dinajpur.

Total:

35

3,142

29

3206

88

120

48

25

3,487

As on 30-06-04

As on 31-01-06

As on 15-03- 2007

571

i) Under trial- 494

ii) Under investigation- 21

Total = 515

i) Under trial- 491

ii) Under investigation- 32

Total = 523

Annex II

Recent amendments and new laws in place for the protection of the interests of children

The law entitled "Prevention of Repression Against Women and Children Act 2000" (as amended in 2003), was enacted to combat the crime of violence against women and children. The law provides for stern measures including the death penalty and life imprisonment for the crime of rape, abduction, dowry and trafficking related violence. The age of children has been revised from 14 to 16 years.

The "Disable Welfare Act 2001" came into force in 1 August 2001. It will ensure equality of opportunities, and other benefits and privilegesfordisabled persons.

To combat the menace of acid attacks, particularly against women and children, the Government has enacted the “Acid Control Act 2002” to control production and sale of deadly chemicals.

"Acid Crimes Prevention Act 2002" has been enacted to address the acid related crimes more sternly. This law provides provisions for tougher punishment,including death sentence for splashing acid on people.

To dispose of the women -and child- related cases immediately, the Government enacted the "Speedy Trial Act, 2002". Under this Act, a large number of cases related to violations of child rights have been dealt with within a very short time.

"Birth and Death Registration Act, 2004" hasbeen enacted andfollowed up with five Birth Registration Rules, of which four have been approved. This Act is central to the efforts aimed at child protection.

"The Penal Code (Amendment) Act, 2004" (Sections 82 and 83) has been enacted to raise the minimum age of criminal responsibility from 7 years to 9 years.

"The Mines (Amendment) Act, 2004" has revised the age of children who can be engaged in a hazardous occupation from 15 years to 18 years to conform withCRC. Now, no child under 18 years can be engaged in a pre-determined category of hazardous jobs by any employer.

As per the "Court Wards (Amendment) Act, 2006", any orphaned child who has reached 18 years has now the right to claim or sell the property which he/she is supposed to be legally inheriting. Previously the age was 21. The definition of ‘minor’ is now consistent with CRC as per this amendment.

A new law entitled "Bangladesh Labour law, 2006" has been enacted to ensure that no child will be employed as a labourerwithout the permission of a doctor (but not for any hazardous work).Children engaged in work must be allowed to pursue their education and so must be freed from work during their respective school hours.

Another new law entitled "Women Convicted in Jail Special Privileges Act, 2006" provides for all women in jail to be trained by the Government in different income generation activities in order to ensure their social and economic integration once the jail term ends.

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