Child Labour in Bangladesh, Study notes of Law

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Child Labour

in Bangladesh

Looking back and the way forward

Sharfuddin Khan, Lead Researcher Development Communication Network (DCN)

Research Coordinator from Educo: Afzal Kabir Khan Manager, ODHIKAR & Child Labour, Educo Bangladesh

Design & Layout : Global Educo Desing Team

Images: @Educo/Francisco Magallón, @Educo/ A.B.M Saifuzzaman

Study period: August-November 2020

Date of Publication: June 2021

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Preface

Child labour is legally prohibited in Bangladesh yet there are approximately 3.45 million working children in Bangladesh; of which, 1.28 million are engaged in hazardous work as per BBS Survey, 2013. Although Bangladesh government as well as national and international NGOs has taken various initiatives to prevent and eliminate child labour, child labour is a serious concern for Bangladesh. The Government of Bangladesh and NGOs have tried out a good number of strategies and interventions to tackle child labour, especially hazardous forms of child labour in the country. However, it seems that many of these strategies and interventions could not produce expected results. As a result, child labour in general and hazardous child labour in particular has not been reduced in an expected manner.

At the backdrop of the above reality, with the support from ChildFund Korea, Educo Bangladesh has initiated a research to assess the effectiveness of the strategies/interventions applied by the Government and other stakeholders to tackle child labour. The research also aimed at identifying some of the hazardous child labour sectors that are often unattended. The research revealed the major interventions made by the Government and NGOs, what worked and what did not work and why, what are the major challenges to tackle child labour and what need to be done to prevent and eliminate child labour in the context of Bangladesh. It also revealed some sectors in which a large number of children are engaged and exposed to severe abuse and exploitations. I hope, the report will contribute to develop appropriate interventions by the government and and other relevant stakeholders to address child labour.

At this point, I would like to express our gratitude towards ChildFund Korea for their technical and financial support to ODHIKAR project. Thanks to DCN research team for their effort to conduct this study. Last but not the least, we are thankful to Afzal Kabir Khan, Manager- ODHIKAR & Child Labor for coordinating the study and to our Head Office colleagues for providing support in finalization of the report.

Abdul Hamid Bangladesh Country Director Education and Development Foundation - Educo

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Introduction and background

Introduction

Bangladesh has ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1989 and ILO Convention No. 182 concerning Worst Forms of Child Labour in 2001. Through the ratification of these two important international child right instruments, Bangladesh as a country demonstrated its commitment at international and national level towards realizing the rights of all children in the country.

Article 32 of the UNCRC calls upon the States Parties to recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.

Article 7 of the ILO Convention No. 182 calls upon each Member State to take effective and time-bound measures to prevent and eliminate the worst forms of child labour as matter of urgency.

After three decades of ratification of the UNCRC and two decades of ratification of the ILO Convention No. 182, child labour still remains quite visible in Bangladesh. According to the last national child labour survey conducted by the Bangladesh Bureau of Statistics in 2013, there were approximately 3.45 million working children in the country, of which 2.10 million were considered as child labourers and among them 1. million were found in hazardous work.

Background of the Study

Over the years the Government of Bangladesh (GoB) as well as national and international NGOs and UN agencies have taken various steps in terms of policy formulation and implementation of projects and programs to prevent and eliminate child labour, especially hazardous forms of child labour. The GoB has ratified ILO Convention No. 182 and enacted laws and regulations related to child labour.

The GoB has also established institutional mechanisms for the enforcement of laws and regulations on child labour. In addition, the GoB and national and international child rights NGOs and UN agencies applied a good number of strategies to prevent and eliminate child labour. However, it seems that many of these strategies did not work or partly worked to address the child labour problem in the country. Therefore, it is important to review the major interventions made by the GoB and NGOs to determine what worked and what did not work and why.

Under the above-mentioned backdrop, Educo as a leading international NGO having special focus on child labour intended to undertake a study titled “Child Labour in Bangladesh: Looking Back and Way Forward”. The findings of this study would enable Educo to design its upcoming child labour related interventions in an effective and efficient manner. In addition, it would also enable other national and international NGOs dealing with child labour as well as the GoB to formulate appropriate projects and programs to address child labor problem in Bangladesh.

Methodology

Secondary documents review

The study team rigorously reviewed a good number of available secondary documents to get a better understanding about the overall child labour situation in Bangladesh, previous and current interventions and strategies to deal with child labour problems, existing laws and policies and its enforcement status etc.

Primary data collection

Primary data was collected using both quantitative and qualitative approaches. Quantitative data was obtained from the working children engaged in transport sector, domestic work, informal manufacturing industries, shrimp fry collection, brick kiln and dry fish sector through face-to-face survey using a semi- structured questionnaire.

Qualitative data was collected from a range of relevant stakeholders through Focus Group Discussion (FGD), Key Informant Interviews (KII), In-depth Interviews (IDI) and Case Studies.

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Findings

Major interventions so far made by the GoB and NGOs to

tackle child labour in Bangladesh

The GoB has made major commitments regarding child labour during the last two and half decades in the areas of law and policy making, initiating survey/researches/studies, ratification of ILO Convention and implementing programs and projects. In addition to the efforts of the GoB, other key civil society actors have implemented good number of interventions to address child labour problem. Summary of the major interventions made by the various duty bearers and stakeholders are furnished below.

Ratification of ILO Convention No. 182:

On 12 March 2001, the GoB ratified the ILO Convention No. 182 concerning the prohibition and immediate action for the elimination of the worst forms of child labour, which comprises all forms of slavery /practices similar to slavery, such as the sale and trafficking of children, debt bondage and forced or compulsory labour, the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.

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The National Child Labour Elimination Policy (NCLEP): The NCLEP was adopted in April 2010 to prevent and eliminate child labour, especially hazardous forms of child labour. The NCLEP aimed at withdrawing working children from different forms of occupations, including the hazardous work and the worst forms of child labour, involving parents of working children in income generating activities with a view of getting children out of the vicious cycle of poverty, offering stipends and grants in order to bring the working children back to school, extending special attention for the children affected by various natural disasters, providing special emphasis for ethnic minority and children with disabilities to bring them back to congenial environment, enacting pragmatic laws and strengthening institutional capacity for the enforcement of the laws and planning and implementing short, medium and long term strategies and programs to eliminate various forms of child labour by 2015.

National Plan of Action (NPA) on Child Labour: The NPA on child labour was formulated to implement the NCLEP 2010. The NPA has focused on nine strategic areas of interventions highlighted in the National Policy on the Elimination of Child Labour, 2010. It has suggested 65 specific interventions corresponding to 23 key outputs under these strategic areas. Nine strategic areas of the NPA included: Policy Implementation and Institutional Development; Education; Health and Nutrition; Social Awareness Raising and Motivation; Legislation and Enforcement; Employment and Labour Market; Prevention of Child Labour and Safety of Children Engaged in Labour; Social and Family Reintegration; and Research and Training.

The list of hazardous work for children: The list of hazardous work for children was determined in March

2013. A total of 38 sectors were included in the list. However, many potential hazardous sectors, including child labour in domestic work were not incorporated in this list.

The NPA for child labor was formulated to implement the NCLEP 2010. As the NPA was not implemented up to the expected level, therefore, target set in the NCLEP was not achieved”

*National Plan of Action on Child Labor *The National Child Labour Elimination Policy

The Domestic Workers Protection and Welfare Policy (DWPWP ): The DWPWP was adopted in 2015 to protect the rights and welfare of a large number of child and adult domestic workers in the country. According to the policy, no child under the age of 14 years shall be employed for domestic work. However, in especial cases, children 12 years of age can be employed provided the work is not harmful for the child or it will not prevent him/her from getting education.

Establishing institutional mechanism:

The government has established institutional mechanisms for the enforcement of law, policies and regulations on child labour. Child Labour Welfare Council was established at central, division, district and upazilla level. The National Child Labour Welfare Council (NCLWC) is responsible for preparing analytical review of the situation of child labour in the country, advising the Government on necessary actions to be taken for successfully implementing the National Policy on the Elimination of Child Labour and its National Plan of Action, conducting hearings and investigations and suggest remedies on adverse situations related to child labour and ensuring effective coordination between different agencies, both government and civil society organisations, and ensure that their activities are aligned with the objectives of elimination of child labour.

The Divisional Council is responsible for coordinating, facilitating and monitoring the implementation of NPA at divisional level and suggesting the District Child Rights Monitoring Committee (DCRMC) for necessary action to implement the monitoring system in the district.

District Child Rights Monitoring Committee is responsible for coordinating, facilitating and monitoring the implementation of NPA at district level, establishing Upazila Child Labour Monitoring Committee (UCLMC), reporting to DCLWC on the information of child labour data collection and tracking systems for use in developing new policies,

“The DWPWP kept a provision to employ 12 years aged children for domestic work, which contradicts with the Labour Act 2006 and NCLEP2010. According to the Labour Act and NCLEP, no child should be employed in any occupation before the age of 14 years”**

*The Domestic Workers Protection and Welfare Policy (DWPWP) *The National Child Labour Elimination Policy

Efforts in combating child labour through education

Enrolment of the children in school at an early age has proven to be an effective tool to prevent child labour. Aware of the immense challenge of education and the crucial role it plays in the development of the country and the combat against child labour, many efforts have been undertaken by the GoB to address the deficits in the country’s education system. Some of those efforts can be listed as follows:

▪ The GOB committed itself to make efforts towards Universal Primary Education. In 1990, Bangladesh

passed a compulsory Primary Education Act;

▪ Following the World Conference on “Education For All” in 1990, the GOB prepared its first EFA

National Plan of Action (1991-2000). The NPA was prepared towards realizing the enhanced access to primary education and reduced adult illiteracy.

▪ In line with these GoB policies, the Primary and Mass Education Division was set up in 1992 to

ensure compulsory primary education for all children aged 6 years and above.

▪ In 1993, the government, in collaboration with the World Food Programme (WFP), started “Food for

Education” programme in many areas of the country that attracted poor children and their families to primary education.

▪ The GoB launched a special education programme in October 1997 for the urban working children

of Bangladesh. Under this programme, arrangements were made to conduct two years basic literacy courses for 346,500 urban working children through 11,550 centres in six Divisional Headquarters including Dhaka.

▪ Both National Plans of Action (I and II) provided the strategic framework for education in

Bangladesh. The implementation of this framework was devolved to the Compulsory Primary Education Programme, Food for Education Programme, Stipend Programme and the Primary Education Development Programmes (PEDP I and II).

▪ In 2005, the GoB adopted a policy called “Non Formal Education (NFE) Policy Framework” to bring

all NFE stakeholders under a single umbrella to ensure uniformity in providing NFE services. In line with this framework, the GoB created a new institution named “Bureau of Non Formal Education (BNFE)” in 2005.

▪ Finally, the GoB formulated the National Education Policy in 2010 with a goal to bring all socially

and economically disadvantaged children, including street children under the education service.

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Direct assistance to combat child labour:

Direct action by the Government: In 2000, with the funding from USAID, the Ministry of Labour and Employment (MoLE) launched a pilot project titled “Eradication of Hazardous Child Labour in Bangladesh”. This 4-year project was aimed at preventing and eliminating hazardous child labour in a number of sectors in Dhaka and Chittagong. The second phase started in July 2005, was entirely funded by the GoB and covered children engaged in various hazardous sectors in urban settings. It also aimed at providing a package of interventions ranging from NFE to family economic empowerment to the target children and their families in Barisal, Chittagong, Dhaka, Khulna, Rajshahi and Sylhet metropolitan cities as well as in Keraniganj, Tongi, Narayanganj and Bogra industrial areas. The third and fourth phase of the project was also funded by the GoB aimed at withdrawing 1,00,000 working children from hazardous work covering six divisional cities through providing NFE, SDT and financial support to the families of working children.

The BGMEA Project: A joint response from employers and the Government: In 1995, the GoB endorsed a joint BGMEA, ILO and UNICEF Child Labour Project to remove child labourers below the age of 14 from export-oriented garment factories, and provided the support of its Labour Inspectors for the monitoring process. In order to sustain its achievements and to provide for a smooth transfer of monitoring responsibilities, a second MOU was signed in 2000 between the ILO, UNICEF and the BGMEA. Under the second phase of this joint project a large number of children previously removed from the garment factories received vocational skills training, and their guardians became eligible for micro credit support for income generating activities. The BGMEA joint project also developed a comprehensive workplace monitoring system.

Direct actions by NGOs, trade unions and employers’ organizations

Withdrawing children from hazardous work was found extremely difficult and, thus a comprehensive strategy was used to create the ‘favourable environment’ through variety of interventions. With the technical and financial support from the development partners, a good number of national and international NGOs, UN agencies, trade unions and employers’ organizations carried out number of activities to combat child labour in Bangladesh. These are as follows:

Advocacy and mass awareness raising: Numerous efforts were made by the NGOs, Workers’ and Employers’ organizations to create awareness among the policy makers and various segments of the society at large on the causes and consequences of child labou as well as role of the different stakeholders to combat child labour. On the other hand, advocacy with the policy makers and duty bearers at local and national level were also carried out through sharing study findings, organizing workshops and seminars etc. to formulate appropriate laws and policies and its proper implementation.

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was assumed that after graduating from NFE, relatively younger working children will be fully withdrawn from work and mainstreamed into formal education, which could prevent them from entering into work and who are relatively older will be able to gain basic literacy and numeracy skill, which would help them to develop their life skill capacity as well as gaining basic requirements to get enrolled into technical education.

Providing skill development training: Skill development training was also considered as one of the best solutions to withdraw children from hazardous work and place them into a decent job either through job placement or self-employment. Therefore, a good number of NGO and GoB projects took the initiative to provide skill development training on different trades.

Providing micro-credit support: A large number of poor and vulnerable families send their children to work to supplement family income. Therefore, many NGOs believed that providing micro-credit support to the family members of working children for generating alternative income opportunity could reduce the dependency of their children’s income. Therefore, this was followed as one of the strategies to combat child labour with a view that once parents have alternative source of income, they will withdraw their children from work and send them to school.

Conditional cash transfer : Apart from the micro-credit support, a few NGOs introduced conditional cash transfer as a strategy to withdraw children from work. Under this cash transfer activity, a family having children in work was provided with a fixed amount of money per month with a condition that they will withdraw their children from work and send them to school.

Establishment of Community based Child Protection System: Establishing Community based Child Protection System was another almost common strategy for NGOs working for reducing child labour both in urban and rural setting. The idea behind formation of this system was to making the community responsible and accountable for the wellbeing of their children.

Workplace Improvement Program : This was another strategy that a few NGOs tried out, mostly in urban setting to protect children from hazardous working condition. As withdrawing children from hazardous work is often difficult and challenging, therefore this strategy was applied allowing children to work under non-hazardous working condition. This was applicable for children who are in legal work age (14 years and

above). Under this strategy, employers were encouraged to withdraw hazards from the workplace instead of withdrawing children through approving workplace situation.

Formation of child led organization: Promoting children’s participation became a common strategy for child rights NGOs in Bangladesh since 1996 as an effect of Special UN General Assembly on children. Since then most of the national and international child rights NGOs have been advocating for children’s participation at all levels. They have been also advocating with the Government policy makers to hear the voices of the children at the time of developing any national plan that directly affects the lives of children. As part of this initiative a good number of NGOs facilitated formation of child led organizations in which children themselves decide their role They were also provided/ given the opportunity to raise their views and opinions with the policy maker at all levels.

Strategies/activities worked and did not work in addressing

child labour problems in Bangladesh

Through the ratification of ILO C 182, the GoB expressed its commitment at the international and national level in 2001 to prevent and eliminate child labour with special focus on hazardous child labour. However, according to the stakeholders of the civil society organizations, after almost two decades there was no significant efforts, except formulating few laws and policies by the government. As per the appeal made in the Convention, the GoB was expected to take effective and time-bound measures to prevent the engagement of children in the worst forms of child labour. According to the study findings, the current situation of child labour in the country reveals that the GoB failed to fulfill its commitment that was made 20 years back. More than four hundred thousands girl children are trapped into domestic labour and exposed to all forms of violence, abuse and exploitation. But the GoB is yet to consider this sector as hazardous work for children. This is one of the examples to analyse the level of commitment to identify children at special risk and taking account of the special situation of girl children.

As a follow up to the ratification of the ILO C 182, the GoB has enacted/formulated couple of laws and policies. However, according to the primary study findings, despite having adequate provisions in the

“Lack of enforcement of the existing laws and policies contributing to a great extent for the existence of child labour, especially hazardous forms of child labour in Bangladesh”