Dhaka International University (DIU) Assignment On

Child Labour

Course Title : Industrial & Labour Law Course Code : CCE 543

Abbreviation
Concerns have often been raised over the buying public's moral complicity in purchasing products assembled or otherwise manufactured in developing countries with child labour. However, others have raised concerns that boycotting products manufactured through child labour may force these children to turn to more dangerous or strenuous professions, such as prostitution or agriculture. For example, a UNICEF study found that after the Child Labor Deterrence Act was introduced in the US, an estimated 50,000 children were dismissed from their garment industry jobs in Bangladesh, leaving many to resort to jobs such as "stone-crushing, street hustling, and prostitution", jobs that are "more hazardous and exploitative than garment production". The study suggests that boycotts are "blunt instruments with long-term consequences, that can actually harm rather than help the children involved."[14] According to Milton Friedman, before the Industrial Revolution virtually all children worked in agriculture. During the Industrial Revolution many of these children moved from farm work to factory work. Over time, as real wages rose, parents became able to afford to send their children to school instead of work and as a result child labour declined, both before and after legislation.[36] Austrian school economist Murray Rothbard said that British and American children of the pre- and post-Industrial Revolution lived and suffered in infinitely worse conditions where jobs were not available for them and went "voluntarily and gladly" to work in factories.[37] British historian and socialist E. P. Thompson in The Making of the English Working Class draws a qualitative distinction between child domestic work and participation in the wider (waged) labour market.[5] Further, the usefulness of the experience of the industrial revolution in making predictions about current trends has been disputed. Social historian Hugh Cunningham, author of Children and Childhood in Western Society Since 1500, notes that: "Fifty years ago it might have been assumed that, just as child labour had declined in the developed world in the late nineteenth and early twentieth centuries, so it would also, in a trickle-down fashion, in the rest of the world. Its failure to do that, and its re-emergence in the developed world, raise questions about its role in any economy, whether national or global."[36] According to Thomas DeGregori, an economics professor at the University of Houston, in an article published by the Cato Institute, a libertarian think-tank operating in Washington D.C., "it is clear that technological and economic change are vital ingredients in getting children out of the workplace and into schools. Then they can grow to become productive adults and live longer, healthier lives. However, in poor countries like Bangladesh, working children are essential for survival in many families, as they were in our own heritage until the late 19th century. So, while the struggle to end child labour is necessary, getting there often requires taking different routesand, sadly, there are many political obstacles.[38] The International Labour Organizations International Programme on the Elimination of Child Labour (IPEC), founded in 1992, aims to eliminate child labour. It operates in 88 countries and is the largest program of its kind in the world.[39] IPEC works with international and government agencies, NGOs, the media, and children and their families to end child labour and provide children with education and assistance.[39]

Introduction
Child labour refers to the employment of children at regular and sustained labour. This practice is considered exploitative by many international organizations and is illegal in many countries. Child labour was employed to varying extents through most of history, but entered public dispute with the advent of universal schooling, with changes in working conditions during the industrial revolution, and with the emergence of the concepts of workers' and children's rights. In many developed countries, it is considered inappropriate or exploitative if a child below a certain age works (excluding household chores, in a family shop, or school-related work).[2] An employer is usually not permitted to hire a child below a certain minimum age. This minimum age depends on the country and the type of work involved. States ratifying the Minimum Age Convention adopted by the International Labor Organization in 1973, have adopted minimum ages varying from 14 to 16. Child labor laws in the United States set the minimum age to work in an establishment without restrictions and without parents' consent at age 16,[3] except for the agricultural industry where children as young as 12 years of age can work in the fields for an unlimited number of non-school hours. See Children's Act for Responsible Employment (CARE Act). The incidence of child labour in the world decreased from 25 to 10 percent between 1960 and 2003, according to the World Bank.[4] In 2008 there were 215 million children working illegally in the eyes of international law, almost 14% of all the worlds children under 18. In subSaharan Africa, this proportion rises to 25%. Countries with a particularly high incidence of child labour include Nigeria, Malawi, India, Pakistan and Bangladesh. Child Labour The global total includes 115 million children under 18 engaged in "hazardous Brick kiln labour in Pakistan work" which could threaten their safety or health, such as handling chemicals, Kamila Hyat / carrying heavy loads, mining, quarrying or enduring long hours. The remaining 100 million child labourers are those aged under 15 - the international minimum age for legal employment whose tasks are not hazardous but are more substantial than permitted light work. Almost all child labour occurs in developing countries, with about 60% engaged in agriculture. Other occupations include factory production and backstreet workshops. The darkest category of child labour relates to those children caught up in criminal activities such as prostitution, military enrolment, slavery (such as bonded labour), or trafficking (which involves the removal of a child from its home, often involving deception and payment, for a wide range of exploitative purposes). These categories are beyond the reach of statistical surveys but the numbers are likely to be over 10 million. Together with hazardous work, they are described as the "worst forms of child labour."

The small decline in the overall incidence of child labour in the four-year reporting period to 2008 is inconclusive and disappointing. The most significant change is a 31% drop in hazardous work for children under 15, but this is countered by a 20% rise amongst the 15-17 age group. Figures are gender-sensitive for the first time and suggest that child labour amongst girls fell by 15% over the four years. The accuracy of this child labour data is improving but is based on national surveys conducted over the period 2005-2008. The impact of more recent economic instability and rising food prices on poor households is therefore not yet reflected in the figures.

Causes of Child Labor

Child labor persists even though laws and standards to eliminate it exist. Current causes of global child labor are similar to its causes in the U.S. 100 years ago, including poverty, limited access to education, repression of workers rights, and limited prohibitions on child labor.

Poverty and unemployment levels are high.

Poor children and their families may rely upon child labor in order to improve their chances of attaining basic necessities. More than one-fourth of the world's people live in extreme poverty, according to 2005 U.N. statistics. The intensified poverty in parts of Africa, Asia, and Latin America causes many children there to become child laborers.

Access to compulsory, free education is limited.

In 2006, approximately 75 million children were not in school, limiting future opportunities for the children and their communities. A 2009 report by the United Nations estimated that achieving universal education for the world's children would cost $10-30 billion -- about 0.7% - 2.0% of the annual cost of global military spending.

Existing laws or codes of conduct are often violated.

Even when laws or codes of conduct exist, they are often violated. For example, the manufacture and export of products often involves multiple layers of production and outsourcing, which can make it difficult to monitor who is performing labor at each step of the process. Extensive subcontracting can intentionally or unintentionally hide the use of child labor.

Laws and enforcement are often inadequate.

Child labor laws around the world are often not enforced or include exemptions that allow for child labor to persist in certain sectors, such as agriculture or domestic work. Even in countries where strong child labor laws exist, labor departments and labor inspection offices are often under-funded and under-staffed, or courts may fail to enforce the laws. Similarly, many state governments allocate few resources to enforcing child labor laws.

National Laws Often Include Exemptions

Examples Nepal minimum age of 14 for most work... plantations and brick kilns are exempt. Kenya prohibits children under 16 from industrial work... but excludes agriculture. Bangladesh specifies a minimum age for work... but sets no regulations on domestic work or agricultural work.

Workers rights are repressed.

Workers abilities to organize unions affect the international protection of core labor standards, including child labor. Attacks on workers abilities to organize make it more difficult to improve labor standards and living standards in order to eliminate child labor. For example, in 2010, 5,000 workers were fired and 2,500 workers were arrested as a result of their union activity, according to the International Confederation of Free Trade Unions.

The global economy intensifies the effects of some factors.

As multinational corporations expand across borders, countries often compete for jobs, investment, and industry. This competition sometimes slows child labor reform by encouraging corporations and governments to seek low labor costs by resisting international standards. Some U.S. legislation has begun to include labor standards and child labor as criteria for preferential trade and federal contracts. However, international free trade rules may prohibit consideration of child labor or workers rights. The effects of poverty in developing countries are often worsened by the large interest payments on development loans. The structural adjustments associated with these loans often require governments to cut education, health, and other public programs, further harming children and increasing pressure on them to become child laborers.

Debt and Child Welfare

The example of Sub-Saharan Africa Though the region receives $10 billion in aid per year, it loses more than $14 billion in debt payments annually, according to MediaGlobal. In Malawi, the country spends 40% of its GDP to repay foreign creditors, while only 15% of GDP is spent on healthcare and education combined. An estimated 158 million children aged 5-14 are engaged in child labour - one in six children in the world. Millions of children are engaged in hazardous situations or conditions, such as working in mines, working with chemicals and pesticides in agriculture or working with dangerous machinery. They are everywhere but invisible, toiling as domestic servants in homes, labouring behind the walls of workshops, hidden from view in plantations.

In Sub-Saharan Africa around one in three children are engaged in child labour, representing 69 million children. In South Asia, another 44 million are engaged in child labour. The latest national estimates for this indicator are reported in Table 9 (Child Protection) of UNICEF's annual publication The State of the World's Children.

Children living in the poorest households and in rural areas are most likely to be engaged in child labour. Those burdened with household chores are overwhelmingly girls. Millions of girls who work as domestic servants are especially vulnerable to exploitation and abuse. Labour often interferes with childrens education. Ensuring that all children go to school and that their education is of good quality are keys to preventing child labour.

Child Labour Law

hild labour in Bangladesh Laws Name of Act/Ordinance Child Children Act, 1974 up to 16 years Children (Pledging of Labour) Act 1933 up to15 years Employment of Children Act 1938 up to 15 years in case of railway transport and carriage of goods in port up to 12 years in case of specified hazardous occupations Tea Plantation Labour Ordinance, up to 15 years 1962 up to 16 years Factories Act, 1965 Shops and Establishment Act, 1965 up to 12 years Road Transport Workers' Ordinance, up to 18 years 1961 Mines Act, 1923 up to 15 years

Main causes of child labour *Poverty *Entrenched tradition *Lack of schools *Migration *Push factors *Pull factors *Interactive factors

The Children Act, 1974 This law was enacted to consolidate and amend the hitherto existing laws relating to the custody, protection and t and punishment of young offenders. Section 44 of Part (vi) of the Act is relevant for child labour.

Section 44 (1) Whoever secures a child ostensibly for the purpose of manual employment or for labour in a factory or other e exploits the child for his own ends, withholds or lives on his earnings, shall be punishable with fine, which may ext (2) Whoever secures a child ostensibly for any of the purposes, mentioned in sub-section (1), but exposes such ch sodomy, prostitution or other immoral conditions shall be punishable with imprisonment for a term which may exte which may extend to Taka one thousand, or with both. Comment: This Act is silent about exploitation of children in the name of family enterprises/businesses. The issue the name of family business is punishable or not.

The Children (Pledging of Labour) Act, 1933 This Act was passed to prohibit the making of an agreement to pledge the labour of children and employment of ch

pledged. Section 3 An agreement to pledge the labour of a child shall be void.

Section 2 An agreement to pledge the labour of a child means an agreement, written or oral, expressed or implied, whereby child, in return for any payment or benefit received or to be received by him, undertakes to cause or allow the ser in any employment:

1. Three conditions

*Such agreement will not be void if it is without detriment to a child. *Such agreement will not be void if made in consideration of any benefit other than reasonable wages t services. *Such agreement will not be void if it is terminable with one week's notice. Comment: Whether an agreement is detriment to a child is to be decided by court of law. Due to absen there is no legal interpretation in this regard. 2. The Employment of Children Act, 1938 and Rules 1955 3. Section 3(1) *Employing or permitting children of less than 15 years is prohibited in any occupation *connected with the transport of passengers, goods or mails by railway, or *involving the handling of goods within the limits of any port. Comment: Children above 15 years are allowed to be employed in such occupations which may prove to therefore it comes into conflict with ILO Convention 182. 4. Section 3(2) Children up to the age of 17 must not be employed in any such occupation referred to in sub-sec. (1) u consecutive hours is allowed to them, which must include 7 consecutive hours between 10pm and 7am. 5. Comment: The above provision technically allows the children up to 17 years of age to work during eve technically allows employment of children between 17 and 18 years to work even between 10pm and 7a for such children. 6. *Rule 8 to the Act lays down that such children may be permitted to work between 10pm to 5am if *he is an apprentice/receiving vocational training *the period of employment does not exceed 6 hours a day *a competent medical officer certifies him to be fit to work during those hours *he is employed under the supervision of a person of more than 18 years *rest of 13 consecutive hours is allowed

Comment: The above provision enables the employers to force an apprentice or a trainee of between 15 and 17 ye hours which night be hazardous for that child. Moreover these conditions need not be observed in case of children Section 5 *Employment of children below 12 years is prohibited in the following works: *Tobacco (Bidi making) *Carpet weaving *Cement manufacturing/bagging *Cloth printing, dyeing and weaving *Manufacturing of explosives, fireworks and matches *Mica-cutting and splitting *Shelluc manufacturing *Soap manufacturing

*Tanning *Wool cleaning

Comment: Children above 12 years and below 18 years of age are imliedly permitted to be employed in these sort any provision of the Act amounts to a fine extending up to Tk. 500, which is too weak a punishment to deter empl labours. The Factories Act 1965 and Rules 1979 A factory is a place where 10 or persons are employed. Section 66 No child who has not completed fourteen years of age shall be required or allowed to work in any factory.

Rule 76 No child under the age of 14 years shall be permitted within the work rooms and godowns of any factory at any tim carried on.

Section 25 No young person shall work at any machine unless he has been fully instructed as to the dangers arising in connec precautions to be observed, has received sufficient training in work at the machine or is under the supervision by a knowledge and experience of the machine.

Section 29 No person below the age of 16 will be allowed to work in any factory for pressing cotton in which a cotton opener i

Section 70 A child cannot be employed in a factory to work for more than five years in a day and between the hours of 7pm a Rule 83 Hazardous operations for children under section 87 are: *glass manufacturing *grinding or glazing of metals *electrolytic planting *manufacturing, treatment or handling of lead *gas generation from petroleum *cleaning/smoothing articles by jet of sand, metal shot or grit *liming and tanning of raw hides *feeding of jute, hemp or other fibres into softening machines *lifting, stacking, storing and shipping of jute bales *manufacturing, storage or use of cellulose solutions *manufacturing of chromic acid/sodium/potassium/ammonium *printing press/type foundries *pottery *rayon manufacturing Rule 48 Lifting limit Adolescent male 50 pounds Adolescent female 40 pounds Male child 35 pounds

Female child 30 pounds Shops and Establishment Act 1965 and Rules 1970 A shop/establishment is a place where five or more persons are employed. Section 2 No child, who has not completed the age of 12 years is allowed to be employed in any establishment.

A young person who has not completed eighteen years is allowed to work in an establishment provided that he do seven hours a day or 42 hours per week. These limits may be extended to 52 hours per week if overtimes paymen

Comment: Any violation of above provision will lead to a fine of Tk.250. For subsequent offences, punishment inclu up to three months or a fine of Tk. 500. This punishment is too weak to deter probable violator.

International Laws against Child Labor The Minimum Age Convention, 1973 (no. 138) of ILO provides following options regarding minimum age for labor:

According to The Worst Forms of Child Labour Convention, 1999 (no.182), the worst forms of child labour compris practices similar to slavery and forced or compulsory labour: (b) use, procuring or offering of a child for prostitutio pornography; (c) use, procuring or offering of a child for illicit activities such as production and trafficking of drugs nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. Effe measures to eliminate the worst forms of child labour include preventive measures, removal from work, rehabilitat through among others, access to free basic education and reaching out to children at special risk and taking accou girls.

According to Article 32 of the United Nations convention on the Rights of the Child 1989, State Parties recognize th protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere w be harmful to the child's health or physical, mental, spiritual and moral or social development. State parties are un legislative, administrative, social and educational measures to provide for a minimum age or minimum ages for ad provide for appropriate regulation of the hours and conditions of employment and to provide for appropriate penal ensure effective enforcement of these provisions.
C. 138 Basic minimum age Dangerous work Light work General 15 Normally: 18Under certain conditions:16 13-15 Exception for developing countries 14 No exceptions 12-14

Analysis No law in Bangladesh has defined 'hazardous' or worst forms of child labour. In Factories Act 1965, under section operations, which can be termed as hazardous or worst forms of child labour. In the schedule of the Employment o are ten processes, which can be termed as hazardous or worst forms of child labour. Case laws/precedents regard Bangladesh are not available. Not many cases have been filed challenging the violation of child labour laws. Bangla the UNCRC and ILO Convention no. 182. For implementing the provisions of the Convention in Bangladesh, some a be made in the existing laws or a new law needs to be enacted.

Enforcement mechanism Department of Inspection has regional and zonal offices for enforcement of labour laws. Its functions include *Inspection of factories, shops, commercial establishments, tea plantations, ports/docks, railways, inland water tra

under labour laws for enforcement of the provisions relating to safety, health, hours of work, rest etc. *Prosecution against the violation of labour laws in different courts etc.

There are seven labour courts in Bangladesh. They are established under Industrial Relations Ordinance of 1965 fo disputes. But they have jurisdiction to adjudicate violation of all labour laws (Section 35, IRO). There is one Labour Appellate Tribunal. This usually disposes off disputes settled in labour courts but appealed for

How to stop Child Labour

think the single most important thing to help stop child labor is first and foremost: 1.)the government should make it illegal and punish the parents who send children to work and employers should be punished too. 2.)the government should alleviate poverty. when people or parents are not that poor they won't let their children work just to make ends meet. 3.)the government should make education more accessible or if possible free to the poorest of the poor. when people are educated they will value it. ome of the things we have to do. Make the education free for all the children, Education is most important. If people will be educated they will never do these kind of things and never put their kids in jobs. 2. Government should provide more employment so that parents never send their children to earn money. If they will have enough money why they will send their children to hazardous jobs 3. Government should keep the watch on the child labor and have to make heavy penalities who employ children.

Conclusion;
The future of a community is in the well being of its children. The above fact is beautifully expressed by Wordsworth in his famous lines child is father of the man. So it becomes imperative for the health of a nation to protect its children from premature labor which is hazardous to their mental, physical, educational and spiritual development needs. It is urgently required to save children from the murderous clutches of social injustice and educational deprivation, and ensure that they are given opportunities for healthy, normal and happy growth.

Source
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