Child Labor and Forced Labor Reports
Bhutan
Moderate Advancement
In 2022, Bhutan made moderate advancement in efforts to eliminate the worst forms of child labor. The Royal Government of Bhutan ratified the Palermo Protocol and the United Nations Protocol Against Smuggling of Migrants by Land, Sea, and Air. Additionally, it conducted anti-trafficking training programs for 72 judges and carried out 7 awareness programs on countering human trafficking for over 2,600 students. However, children in Bhutan are subjected to the worst forms of child labor, including commercial sexual exploitation, sometimes as a result of human trafficking, and forced domestic work. Bhutan’s minimum age for work of 13 does not meet international standards and education is not compulsory. In addition, the government has not adopted a national policy to address child labor, including its worst forms, and the government did not publicly release information on its labor or criminal law enforcement efforts.
Table 1 provides key indicators on children’s work and education in Bhutan.
| Children | Age | Percent |
|---|---|---|
| Working (% and population) | 5 to 14 | 3.8 (6,338) |
| Attending School (%) | 5 to 14 | 84.7 |
| Combining Work and School (%) | 7 to 14 | 3.3 |
| Primary Completion Rate (%) | 89.8 |
Source for primary completion rate: Data from 2021, published by UNESCO Institute for Statistics, 2023. (1)
Source for all other data: International Labor Organization's analysis of statistics from Multiple Indicator Cluster Survey 4 (MICS 4), 2010. (2)
Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.
| Sector/Industry | Activity |
|---|---|
| Agriculture | Farming, activities unknown (3) |
| Industry | Construction,† activities unknown (4,5) |
| Services | Domestic work (3,6) |
| Work in hospitality services, including restaurants (3,6,7) | |
| Work in automobile workshops (6) | |
| Categorical Worst Forms of Child Labor‡ | Commercial sexual exploitation, as a result of human trafficking (6) |
| Forced domestic work, including forced caregiving (3,6) |
† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.
There is a lack of current data on child labor in Bhutan; to date, no national survey on child labor has been conducted. Bhutanese girls are victims of sex and labor trafficking, including for forced domestic work and caregiving. (6) Some are also trafficked into debt bondage and face threats of physical abuse. (6,8) Media outlets have reported instances of child labor, including some indications of forced child labor, in Bhutan's restaurants and automobile workshops. In addition, some Indian children are trafficked into Bhutan for the purpose of domestic servitude. (6,8)
The Royal Government of Bhutan (RGOB) provides free education to all children in Bhutan until grade 10. (9,10) While the RGOB committed to achieving universal student attendance in its 12th Five-Year Plan (2018–2023), research was unable to determine whether that objective has been implemented. (9,11) Children living in remote villages, from nomadic communities or migrant populations, and those with disabilities face significant difficulties in accessing public schools due to lack of transportation. (7,9-12) Although they have access to primary education, a small number of children who are stateless also lack access to the documentation necessary to enroll in higher education, making them more vulnerable to child labor and human trafficking. (3,7,13)
Bhutan has ratified most key international conventions concerning child labor (Table 3). Bhutan is not a member of the ILO.
| Convention | Ratification |
|---|---|
| ILO C. 138, Minimum Age | N/A |
| ILO C. 182, Worst Forms of Child Labor | N/A |
| UN CRC | ✓ |
| UN CRC Optional Protocol on Armed Conflict | ✓ |
| UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography | ✓ |
| Palermo Protocol on Trafficking in Persons | ✓ |
During the reporting period, the RGOB ratified the Palermo Protocol; the UN Convention Against Transnational Organized Crime; and the UN Protocol Against the Smuggling of Migrants by Land, Sea, and Air. (9,14)
The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Bhutan’s legal framework to adequately protect children from the worst forms of child labor, including setting the minimum age for work at 13 years old.
| Standard | Meets International Standards | Age | Legislation |
|---|---|---|---|
| Minimum Age for Work | No | 13 | Sections 170 and 171 of the Labor and Employment Act; Regulation on Working Conditions 2012: Acceptable Forms of Child Labor (15,16) |
| Minimum Age for Hazardous Work | Yes | 18 | Sections 170 and 171 of the Labor and Employment Act (15) |
| Identification of Hazardous Occupations or Activities Prohibited for Children | Yes | Section 9(e) of the Labor and Employment Act; Section 9 of the Regulation on Working Conditions 2012: Acceptable Forms of Child Labor (15,16) | |
| Prohibition of Forced Labor | No | Amendment 9 of Penal Code (Amendment) Act of Bhutan 2021; Section 11 of Acceptable Forms of Child Labor 2009; Sections 6–8, 9(a), and 10 of the Labor and Employment Act; Sections 154 and 155 of the Penal Code; Preamble and Sections 221 and 224 of the Child Care and Protection Act (15-19) | |
| Prohibition of Child Trafficking | No | Section 9(a) of the Labor and Employment Act; Sections 221 and 224 of the Child Care and Protection Act; Amendment 9 of Penal Code (Amendment) Act of Bhutan 2021; Sections 154, 379, and 380 of the Penal Code (15,18-20) | |
| Prohibition of Commercial Sexual Exploitation of Children | Yes | Section 9(b) of the Labor and Employment Act; Sections 222–224 of the Child Care and Protection Act; Sections 225 and 375–380 of the Penal Code (15,17,18) | |
| Prohibition of Using Children in Illicit Activities | Yes | Section 9(c) of the Labor and Employment Act; Sections 216 and 220 of the Child Care and Protection Act (15,17-19) | |
| Minimum Age for Voluntary State Military Recruitment | Yes | 18 | Defense Service Rules and Regulations (20) |
| Prohibition of Compulsory Recruitment of Children by (State) Military | N/A* | ||
| Prohibition of Military Recruitment by Non-state Armed Groups | Yes | Section 9(a) of the Labor and Employment Act (15) | |
| Compulsory Education Age | No | ||
| Free Public Education | Yes | Article 9.16 of the Constitution of the Kingdom of Bhutan (21) |
* Country has no conscription (20)
Bhutan's minimum age for work is not compliant with international standards because the Labor and Employment Act allows children age 13 to enter the labor force. (15) Although Bhutan provides free education through grade 10, attendance is not compulsory, which may increase the risk of children’s involvement in child labor. (7,9,10,22) Laws prohibiting forced labor are also not sufficient as they do not criminalize slavery. (16,17) In addition, while the Bhutanese Parliament passed the Penal Code (Amendment) Act of Bhutan 2021, which amended the legal definition of human trafficking to make the legislation consistent with international standards for adults, it still includes the necessity of force, fraud, or coercion in child trafficking cases. (3,19,23,24) Moreover, although the RGOB reports that the minimum age for voluntary recruitment into Bhutan's military is age 18, the relevant Defense Service Rules and Regulations were not available for public review. (20,24)
The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.
| Organization/Agency | Role & Activities |
|---|---|
| Ministry of Labor and Human Resources (MOLHR) | Investigates child labor complaints and ensures that employers comply with child labor laws. Refers cases involving the worst forms of child labor to the police. (3,22) Regularly inspects companies for compliance with the Labor and Employment Act. Regulations on working conditions cover issues related to child labor, hours of work, and penalties. (25) |
| Royal Bhutan Police | Investigates and enforces criminal laws related to the worst forms of child labor. Includes 3 dedicated Women and Child Protection Units and 10 Women and Child Protection Desks tasked with enforcing laws protecting women and children. (3,26) Refers survivors of child abuse and exploitation to child welfare officers and the National Commission for Women and Children. (3,18) |
| Child Justice Court | Adjudicates criminal and civil cases involving child labor. (3,18) |
Labor Law Enforcement
In 2022, labor law enforcement agencies in Bhutan took actions to address child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor and Human Resources (MOLHR) that may hinder adequate labor law enforcement, including insufficient financial and human resource allocation.
| Overview of Labor Law Enforcement | 2021 | 2022 |
|---|---|---|
| Labor Inspectorate Funding | $180,360† (22) | Unknown (9) |
| Number of Labor Inspectors | 23† (22) | 23 (9) |
| Mechanism to Assess Civil Penalties | Yes (15) | Yes (15) |
| Training for Labor Inspectors Provided | Yes (22) | Yes (9) |
| Number of Labor Inspections Conducted at Worksite | 998† (22) | Unknown (9) |
| Number of Child Labor Violations Found | Unknown (22) | Unknown (9) |
| Number of Child Labor Violations for Which Penalties Were Imposed | N/A (22) | N/A (9) |
| Number of Child Labor Penalties Imposed that Were Collected | N/A (22) | N/A (9) |
| Routine Inspections Conducted | Yes (22) | Yes (9) |
| Routine Inspections Targeted | No (22) | Yes (9) |
| Unannounced Inspections Permitted | Yes (15) | Yes (15) |
| Unannounced Inspections Conducted | Yes (22) | Yes (9) |
| Complaint Mechanism Exists | Yes (22) | Yes (9) |
| Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services | Yes (22) | Yes (9) |
† Data from July 2020–June 2021.
MOLHR officials acknowledged that limited financial and human resources place constraints on how many inspectors can be employed and on the number of inspections that can be conducted. (27) Reports noted that adequate training and refresher courses for inspectors were not provided due to budget issues. (7,22) Furthermore, labor inspectors are not allowed to carry out inspections on private farms or in homes. In some cases, exceptions are made if underage child labor is suspected. (3)
Criminal Law Enforcement
In 2022, criminal law enforcement agencies in Bhutan took actions to address child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including a lack of data on criminal law enforcement efforts.
| Overview of Criminal Law Enforcement | 2021 | 2022 |
|---|---|---|
| Training for Criminal Investigators Provided | Unknown (22) | Unknown (9) |
| Number of Investigations | Unknown (22) | Unknown (9) |
| Number of Prosecutions Initiated | Unknown (22) | Unknown (9) |
| Number of Convictions | Unknown (22) | Unknown (9) |
| Imposed Penalties for Violations Related to the Worst Forms of Child Labor | Unknown (22) | Unknown (9) |
| Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services | Unknown (22) | Unknown (9) |
The Government of Bhutan did not respond to requests for information on its criminal law enforcement efforts for inclusion in this report. However, during the reporting period the government, in partnership with the UNODC and the Bhutan National Legal Institute, facilitated a training program with introductory courses on human trafficking for 72 judges. (9) The UNODC also provided a separate training for 25 police officers. (9)
The government has established a key mechanism to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including a lack of efficacy in accomplishing mandates.
| Coordinating Body | Role & Activities |
|---|---|
| Child Labor Task Force | Coordinates government efforts on child labor across multiple government agencies and ministries. Led by MOLHR, and comprises representatives from government, international organizations, civil society, and the private sector. Research was unable to determine whether the Child Labor Task Force was active during the reporting period. |
The Bhutan government's National Commission for Women and Children (NCWC) coordinates the implementation of laws and policies that promote and protect the rights of women and children. (28) During the reporting period, NCWC launched a multi-sectoral campaign to end violence against children, which will be implemented by a consortium of 14 governmental and non- governmental organizations. (29) The commission also launched the Internal Child Safeguarding and Protection framework with support from Save the Children. The framework establishes awareness programs for school principals on child protection issues. (9) However, budget cuts have hampered the NCWC's ability to effectively implement its programs, including providing shelter homes for children. Bhutanese officials have also commented on the lack of protection, probation, and child welfare officers due to the budget cuts. (30,31)
Research found no evidence that the government has established policies to address child labor. (22)
In 2022, the government funded and participated in programs that may contribute to eliminating or preventing child labor (Table 9). However, gaps exist in these social programs, including the inadequacy of programs to address the problem in all sectors.
| Program | Description & Activities |
|---|---|
| Women and Children Hotlines† | Respond to issues related to women and children, including human trafficking cases, and provide emergency assistance and referral services. (25) One hotline is run through the National Commission for Women and Children (NCWC) and is managed by a team of counselors, providing counseling and legal services. MOLHR also has a hotline that can receive anonymous complaints about child labor abuses. MOLHR's online system is for employers and employees to report complaints and accidents. (26) Research was unable to determine if the hotlines were operational during the reporting period. |
| Shelters for Vulnerable Women and Children† | Includes Respect, Educate, Nurture, and Empower Women (RENEW), a Thimphu-based NGO that receives government funding, and provides shelter, counseling, and survivor services for women and children who have been victims of human trafficking. (27) The Nazhoen Lamtoen Children Halfway Home also provides shelter, counseling, and support services to children, in part through government funding. (32,33) Both shelters were operational during the reporting period. (34) |
| Promoting Rights-Based Multi-Sectoral Responses to Prevent Trafficking in Persons in Bhutan (2019–2022) | Program funded by the USDOS Trafficking in Persons Office and implemented by the UNODC to improve Bhutanese police investigation skills regarding human trafficking cases, improve information sharing, and implement the government's Standard Operating Procedure for Multi-Sectoral Responses to Prevent Trafficking in Persons in Bhutan. (27) During the reporting period, the government, in collaboration with the UNODC, conducted 7 awareness programs on countering human trafficking for over 2,600 students. (35) |
For information about USDOL’s projects to address child labor around the world, visit https://www.dol.gov/agencies/ilab/ilab-project-page-search
† Program is funded by the Royal Government of Bhutan.
Although the 12th Five-Year Plan (2018–2023) has a goal to achieve universal student attendance and improve education for primary students by 2023, research was unable to determine whether the plan has been implemented. (11,22) In addition, while Bhutan has programs that address child labor, research found that the scope of these programs is insufficient to fully address the extent of the problem in all relevant sectors, particularly regarding child labor in agriculture, domestic work, and commercial sexual exploitation.
Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Bhutan (Table 10).
| Area | Suggested Action | Year(s) Suggested |
|---|---|---|
| Legal Framework | Increase the minimum age for work from age 13 to age 15 to meet international standards. | 2010 – 2022 |
| Ensure that laws prohibiting forced labor criminalize slavery. | 2021 – 2022 | |
| Make primary education compulsory and establish a compulsory age for education that is the same as the minimum age for work. | 2010 – 2022 | |
| Criminally prohibit child trafficking without needing proof of the use of force, fraud, or coercion. | 2018 – 2022 | |
| Make publicly available the legal statute that prohibits the recruitment of children under age 18 into Bhutan's military. | 2018 – 2022 | |
| Enforcement | Ensure that the Ministry of Labor and Human Resources has adequate financial and human resources to employ enough labor inspectors, provide adequate training and refresher courses to inspectors, and carry out an adequate number of labor inspections. | 2014 – 2022 |
| Ensure inspections are allowed based on analysis of data related to risk-prone sectors and patterns of serious incidents, including on private farms and in homes. | 2021 – 2022 | |
| Publish criminal law enforcement information, including training for criminal investigators and the number of investigations, prosecutions, convictions, and penalties imposed. | 2010 – 2022 | |
| Publish labor law enforcement information, including labor inspectorate funding, number of labor inspectors, number of inspections conducted at worksites, and the number of child labor violations found. Ensure that data are disaggregated by labor violation type and penalties imposed. | 2021 – 2022 | |
| Publish information about the referral mechanism between criminal authorities and social services. | 2021 – 2022 | |
| Coordination | Publish information on the activities undertaken by the Child Labor Task Force. | 2019 – 2022 |
| Ensure that the National Commission for Women and Children receives enough funding to effectively implement its programs, including providing shelter, protection, probation, and child welfare services to children. | 2022 | |
| Government Policies | Adopt a comprehensive policy or national action plan that addresses the worst forms of child labor and includes child labor prevention strategies. | 2014 – 2022 |
| Social Programs | Conduct a national child labor survey, including research to determine child labor activities in farming and construction, and publish the results. | 2013 – 2022 |
| Implement programs to make education more accessible for stateless children, children living in remote locations, children from nomadic communities and migrant populations, and children with disabilities, including by improving transportation to schools and ensuring that children have access to identity documents for school enrollment. | 2014 – 2022 | |
| Publish information about the activities undertaken to implement the 12th Five-Year Plan on an annual basis. | 2022 | |
| Publish information on whether hotlines and shelters are operational, including the number of survivors served by each program. | 2022 | |
| Create social programs that contribute to eliminating or preventing child labor, including in agriculture, domestic work, and commercial sexual exploitation. | 2009 – 2022 |
- UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary education, both sexes (%). Accessed March 15, 2023. For more information, please see the “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
http://data.uis.unesco.org/. - ILO. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Multiple Indicator Cluster Survey 4 (MICS 4), 2010. Analysis received March 2023. For more information, please see the “Children's Work and Education Statistics: Sources and Definitions” in the Reference Materials section of this report.
- U.S. Embassy- New Delhi. Reporting. January 14, 2021.
- Rai, Rajesh. Mega Dry Port construction mishap kills a minor. Kuensel Online, February 12, 2021.
https://kuenselonline.com/mega-dry-port-construction-mishap-kills-a-minor/ - U.S. Embassy- New Delhi official. E-mail communication to USDOL official. April 22, 2022.
- U.S. Department of State. Trafficking in Persons Report- 2022: Bhutan. Washington, D.C., July 19, 2022.
https://www.state.gov/reports/2022-trafficking-in-persons-report/bhutan/ - U.S. Department of State. Trafficking in Persons Report- 2021: Bhutan. Washington, D.C., April 5, 2021.
https://www.state.gov/reports/2021-trafficking-in-persons-report/bhutan/ - U.S. Department of State official. E-mail communication to USDOL official. January 25, 2022.
- U.S. Embassy- New Delhi. Reporting. February 8, 2023.
- U.S. Embassy- New Delhi official. E-mail communication to USDOL official. May 2, 2023.
- Government of Bhutan. 12th Five-Year Plan. Thimphu. 2019.
https://www.gnhc.gov.bt/en/wp-content/uploads/2019/05/TWELVE-FIVE-YEAR-WEB-VERSION.pdf - Government of Bhutan. National Education Policy. August 2, 2019.
http://www.education.gov.bt/wp-content/downloads/publications/publication/National Education Policy 2019 (Draft).pdf - U.S. Department of State official. E-mail communication to USDOL official. July 8, 2020.
- Dema, Chimmi. NC adopts UN Convention Against Transnational Organized Crime. The Kuensel. November 24, 2022.
https://kuenselonline.com/nc-adopts-un-convention-against-transnational-organised-crime/ - Government of Bhutan. Labour and Employment Act of Bhutan. Enacted: 2007.
http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/80218/86462/F1162145166/BTN80218 English.pdf - Government of Bhutan. Regulation on Working Conditions 2012: Acceptable Forms of Child Labour. Enacted: 2009. Source on file.
- Government of Bhutan. Penal Code of Bhutan. Enacted: 2004.
http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/87826/100246/F1820522728/BTN87826 English.pdf - Government of Bhutan. Child Care and Protection Act. Enacted: 2011.
http://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---sro-new_delhi/documents/genericdocument/wcms_300620.pdf - Government of Bhutan. Penal Code (Amendment) Act of Bhutan 2021. Enacted: 2021. Source on file.
- UN Committee on the Rights of the Child. Periodic Reports of States Parties due in 2011: Bhutan. Prepared by the Government of Bhutan, Article 8 (1) of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. August 29, 2016: CRC/C/OPAC/BTN/1.
http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/OPAC/BTN/1&Lang=en - Government of Bhutan. The Constitution of the Kingdom of Bhutan. Enacted: 2008.
https://wipolex.wipo.int/en/text/167939 - U.S. Embassy- New Delhi. Reporting. January 26, 2022.
- Wangmo, Choki. NC passes Penal Code Amendment Bill 2019. Kuensel Online. February 11, 2020.
https://kuenselonline.com/nc-passes-penal-code-amendment-bill-2019/#:~:text=The National Council yesterday unanimously,Amendment Bill of Bhutan 2019.&text=The amended Section 213 states,against the order of nature - U.S. Embassy- New Delhi official. E-mail communication to USDOL official. February 5, 2021.
- U.S. Embassy- New Delhi. Reporting. February 26, 2021.
- U.S. Embassy- New Delhi. Reporting. April 8, 2019.
- U.S. Embassy- New Delhi. Reporting. January 9, 2020.
- National Commission for Women and Children. NCWC Background. Accessed February 14, 2022.
https://www.ncwc.gov.bt/aboutus?q=background - Dolkar, Dechen. A multi-sectoral campaign to end violence against children. July 15, 2022.
https://kuenselonline.com/a-multi-sectoral-campaign-to-end-violence-against-children/ - Lhaden, Yangyel. NCWC shortchanged to look into women and child cases. Kuensel Online. March 30, 2021.
https://kuenselonline.com/ncwc-shortchanged-to-look-into-women-and-child-cases/ - Subba, MB. Record children abuse cases amid budget shortages. The Kuensel. August 22, 2022.
https://kuenselonline.com/record-children-abuse-cases-amid-budget-shortages/ - U.S. Department of State official. E-mail communication to USDOL official. May 11, 2021.
- Save the Children International. Reintegrating Children in Difficult Circumstances. June 8, 2020.
https://bhutan.savethechildren.net/news/reintegrating-children-difficult-circumstances - U.S. Embassy- New Delhi official. E-mail communication to USDOL official. May 25, 2023.
- UNODC. Bhutan: UNODC promotes public awareness to counter Trafficking in Persons. July 2022.
https://www.unodc.org/southasia//frontpage/2022/July/bhutan_-unodc-promotes-public-awareness-to-counter-trafficking-in-persons.html
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