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Bhutan
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Penal Code at article 154 which criminalises transporting, buying or selling a person for any purpose within, into or outside of Bhutan as trafficking in persons.
Practices similar to slavery
There appears to be no legislation in place in Bhutan which prohibits institutions and practices similar to slavery.
Servitude
There appears to be no legislation in place in Bhutan which prohibits servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the 2007 Labour and Employment Act at sections 6-8 which criminalise forced labour. Prohibition of the worst forms of child labour is found at sections 9 and 10. Article 9 of the 2008 Constitution frames State Policies whereby the State “shall endeavour to ensure” the right to work in just and favourable conditions including fair remuneration.
Human trafficking
Provisions related to trafficking in persons are found in the Penal Code at section 154 although the provision is limited to the acts of transporting, buying or selling for any purpose.
Forced marriage
There appears to be no legislation in Bhutan that addresses forced marriage.
Consent to marriage
There appears to be no legislation in Bhutan that requires consent to marriage.
Servile marriage
There appears to be no legislation in Bhutan that prohibits servile matrimonial transactions.
Marriage trafficking
There appears to be no legislation in Bhutan that prohibits marriage trafficking.
Minimum age for marriage
The minimum age for marriage in Bhutan is 16 for females and 18 for males, as set out on Section 1-14 of the 1980 Marriage Act. There are no exceptions allowing marriage below this minimum age. Performing child marriage is an offence under Section 8-21 of the 1980 Marriage Act, with a potential penalty of a a fine extending from Ngultrums three hundred to Ngultrums one thousand.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Civil
International Instruments
International Obligations
- None
- Marriage Trafficking
Regional Organisations
- Asia Cooperation Dialogue
- South Asian Association for Regional Cooperation
- Bali Process
Legislative Provisions
THE CONSTITUTION OF THE KINGDOM OF BHUTAN 2008
Article 7 Fundamental Rights
1. All persons shall have the right to life, liberty and security of person and shall not be deprived of such rights except in accordance with the due process of law.
7.A Bhutanese citizen shall have the right to freedom of movement and residence within Bhutan.
10. A Bhutanese citizen shall have the right to practice any lawful trade, profession or vocation.
11. A Bhutanese citizen shall have the right to equal pay for work of equal value.
12. A Bhutanese citizen shall have the right to freedom of peaceful assembly and freedom of association, other than membership of associations that are harmful to the peace and unity of the country, and shall have the right not to be compelled to belong to any association.
Article 8 Fundamental Duties
- A person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts.
Article 9 Principles of State Policy
3. The State shall endeavour to create a civil society free of oppression, discrimination and violence, based on the rule of law, protection of human rights and dignity, and to ensure the fundamental rights and freedoms of the people.
12. The State shall endeavour to ensure the right to work, vocational guidance and training and just and favourable conditions of work.
13. The State shall endeavour to ensure the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
14. The State shall endeavour to ensure the right to fair and reasonable remuneration for one’s work.
15. The State shall endeavour to provide education for the purpose of improving and increasing knowledge, values and skills of the entire population with education being directed towards the full development of the human personality.
16. The State shall provide free education to all children of school going age up to tenth standard and ensure that technical and professional education is made generally available and that higher education is equally accessible to all on the basis of merit.
17. The State shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres.
18. The State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
PENAL CODE
154 Trafficking a person
A defendant shall be guilty of the offence of trafficking a person, if the defendant transports, sells or buys a person within, into or outside of Bhutan for any purpose.
227 Trafficking of a child
A defendant shall be guilty of the offence of trafficking of a child, if the defendant, sells, buys or transports a child for any illegal purpose.
379 Trafficking a person for prostitution
A defendant shall be guilty of the offence of trafficking a person for prostitution, if the defendant transports, sells or buys a person into or outside of Bhutan with the purpose of engaging that person in prostitution.
LABOUR AND EMPLOYMENT ACT OF BHUTAN 2007
Chapter II Prohibitions
Prohibition of forced or compulsory labour
Section 6
No person shall make use of, cause or permit any form of forced or compulsory labour that is extracted from any person under the menace of any penalty and for which the person has not offered himself or herself voluntarily.
Section 7
Section 6 does not apply to:
(a) work required of a prisoner to assist in public services;
(b) work required of a person in times of an emergency such as war, fire, flood, famine, earthquake, violent epidemic or epizootic diseases, that would endanger the existence or the well-being of the whole or part of the population; and
(c) work required of a person for shabtog lemi or other labour contributions for important local and public celebrations.
Section 8
A person who contravenes section 6 shall be guilty of an offence which shall be a felony of the fourth degree.
Prohibition of the worst forms of child labour
Section 9
No person shall subject a child to:
(a) any form of practices such as sale and trafficking, debt bondage, forced or compulsory labour, including recruitment for use in armed conflict;
(b) the use, procuring or offering of the child for prostitution, for the production of pornography or for pornographic performances;
(c) the use, procuring or offering of the child for illicit activities, in particular for the production and trafficking of drugs;
(d) work under particularly difficult conditions such as work for long hours or during night or work where the child is unreasonably confined to the premises of the employer; or
(e) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of a child including:
(i) work which exposes a child to physical, psychological or sexual abuse;
(ii) work underground, under water, at dangerous heights or in confined spaces;
(iii) work with dangerous machinery, equipment or tools, or which involves the manual handling or transport of heavy loads; or
(iv) work in an unhealthy environment that may expose the child to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to his or her health.
Section 10
A person who contravenes section 9 shall be guilty of an offence which shall be a felony of the third degree.
MARRIAGE ACT OF BHUTAN 1980
Kha 1.11 Restriction on Performing Marriages of Minors
The traditional performance of marriages between minors as mentioned hereafter in Section Kha 1-14 shall also cease with the enactment of this Act. In contravention of which, the case shall be dealt with in accordance with the provisions laid down hereinafter in Section Kha 8-20.
Kha 1-14 Restriction on Grant of Marriage certificate for Marriages of Minors
Consequent to the restrictions on the marriages of minors as stipulated in the aforesaid Section Kha 1-11, no Marriage Certificates shall be granted for marriages performed between a male person not attaining the age of eighteen years and a female not attaining sixteen years as they are considered not to have attained full age. (Amendment to Section Kha 1-2 of THRIMSHUNG 1957).
Kha 8-20 Imposition of fine for performing child marriages
Whereas the performance of child marriages in villages are seemed to be against the laws, the realization of expenses so incurred for performing such marriages shall not be permitted. And where there have been exchanges of any lands, houses, properties, livestock etc. in such marriages, then the person who has given such properties shall have to take them back, and the persons performing such child marriages in contravention of the prescribed law shall be punished with a fine extending from Ngultrums three hundred to Ngultrums one thousand. I
CHILD CARE PROTECTION ACT 2011
Section 224. Child trafficking
A person shall be guilty of trafficking of a child if a person recruits, transport, transfer, harbour or procure a child by means of threat, use of force, coercion, abduction, fraud, deception, abuse of power, position of vulnerability, transaction involving payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The offence of trafficking of a child shall be felony of the third degree.
THE CONSTITUTION OF THE KINGDOM OF BHUTAN 2008
Article 8 Fundamental Duties
- A person shall not tolerate or participate in acts of injury, torture or killing of another person, terrorism, abuse of women, children or any other person and shall take necessary steps to prevent such acts.
Article 9 Principles of State Policy
- The State shall endeavour to take appropriate measures to eliminate all forms of discrimination and exploitation against women including trafficking, prostitution, abuse, violence, harassment and intimidation at work in both public and private spheres.
- The State shall endeavour to take appropriate measures to ensure that children are protected against all forms of discrimination and exploitation including trafficking, prostitution, abuse, violence, degrading treatment and economic exploitation.
MARRIAGE ACT OF BHUTAN 1980
Kha 1-2.
Except for the restrictions defined hereinafter in Sections Kha 1-10 and Kha 1-11 wherein marriages are not permitted or are debarred from being contracted, a person has the right to marry any other person, irrespective of status, caste, wealth or appearance, provided the persons contracting the marriage thereof have expressly consented to their marriage.
Kha 1.11 Restriction on Performing Marriages of Minors
The traditional performance of marriages between minors as mentioned hereafter in Section Kha 1-14 shall also cease with the enactment of this Act. In contravention of which, the case shall be dealt with in accordance with the provisions laid down hereinafter in Section Kha 8-20.
Kha 1-14 Restriction on Grant of Marriage certificate for Marriages of Minors
Consequent to the restrictions on the marriages of minors as stipulated in the aforesaid Section Kha 1-11, no Marriage Certificates shall be granted for marriages performed between a male person not attaining the age of eighteen years and a female not attaining sixteen years as they are considered not to have attained full age. (Amendment to Section Kha 1-2 of THRIMSHUNG 1957).
Kha 8-20 Imposition of fine for performing child marriages
Whereas the performance of child marriages in villages are seemed to be against the laws, the realization of expenses so incurred for performing such marriages shall not be permitted. And where there have been exchanges of any lands, houses, properties, livestock etc. in such marriages, then the person who has given such properties shall have to take them back, and the persons performing such child marriages in contravention of the prescribed law shall be punished with a fine extending from Ngultrums three hundred to Ngultrums one thousand. I
Kha 8-21 Imposition of fines on performing successive child marriages by fraud.
If evidence is furnished of the performance of successive child marriages by resorting to fraudulent means and of the expenses realized thereof, then the offender shall be punished with the fine prescribed in the aforesaid Section Kha 8-20. In addition, the offender by performing successive child marriages by concealing the fact of the child’s prior marriages shall be punished with a separate amount of fine.
CHILD CARE PROTECTION ACT 2011
Section 224. Trafficking of a child
A person shall be guilty of trafficking of a child if a person recruits, transport, transfer, harbour or procure a child by means of threat, use of force, coercion, abduction, fraud, deception, abuse of power, position of vulnerability, transaction involving payments or benefits to achieve the
consent of a person having control over another person, for the purpose of exploitation. The offence of trafficking of a child shall be felony of the third degree.