Child Labour in South Asia (Contemporary Employment Relations)

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CHILD LABOUR IN SOUTH ASIA

Contemporary Employment Relations Series Editor: Gregor Gall Professor of Industrial Relations and Director of the Centre for Research in Employment Studies, University of Hertfordshire, Hatfield, UK

The aim of this series is to publish monographs and edited volumes on all aspects of contemporary employment relations including human resource management, employee branding, shared services, employment regulation, the political economy of employment, and industrial relations. Topics such as mergers, corporate governance and the EU – in the context of their effect upon employment relations – also fall within the scope of the series. Aimed primarily at an academic readership this series provides a global forum for the study of employment relations. Other Titles in the Series Trade Unions and Workplace Democracy in Africa Gérard Kester ISBN 978-0-7546-4997-7 Human Resource Management in Russia Edited by Michel E. Domsch and Tatjana Lidokhover ISBN 978-0-7546-4876-5 Changing Working Life and the Appeal of the Extreme Right Edited by Jörg Flecker ISBN 978-0-7546-4915-1 Employment Contracts and Well-Being Among European Workers Edited by Nele De Cuyper, Kerstin Isaksson and Hans De Witte ISBN 978-0-7546-4575-7

Child Labour in South Asia

Edited by GAMINI HERATH Deakin University, Australia and KISHOR SHARMA Charles Sturt University, Australia

© Gamini Herath and Kishor Sharma 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Gamini Herath and Kishor Sharma have asserted their moral right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work. Published by Ashgate Publishing Limited Gower House Croft Road Aldershot Hampshire GU11 3HR England

Ashgate Publishing Company Suite 420 101 Cherry Street Burlington, VT 05401-4405 USA

Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data Child labour in South Asia. - (Contemporary employment relations series) 1. Child labor - South Asia - Congresses 2. Child labor Law and legislation - South Asia - Congresses I. Herath, Gamini II. Sharma, Kishor 331.3'1'0954 Library of Congress Cataloging-in-Publication Data Child labour in South Asia / edited by Gamini Herath and Kishor Sharma. p. cm. -- (Contemporary employment relations) Includes index. ISBN 978-0-7546-7004-9 1. Child labor--South Asia. I. Herath, Gamini. II. Sharma, Kishor. HD6250.S682C45 2007 331.3'10954--dc22 2007003830 ISBN 978-0-7546-7004-9

Printed and bound in Great Britain by Antony Rowe Ltd, Chippenham, Wiltshire.

Contents List of Figures List of Tables List of Contributors Preface and Acknowledgements

vii viii ix xi

PART 1: THEORETICAL AND EMPIRICAL DEBATES ON CHILD LABOUR 1

Labour and Economic Development: Emerging Issues in Developing Asia Gamini Herath and Kishor Sharma 3

2

Child Labour in Developing Countries: Review of Theoretical and Empirical Issues Gamini Herath

11

3

Cumulative Causation as Explanation and Policy Base for Child Labour Geoff Bamberry 27

4

Child Labour: An Integrated Approach Manohar Pawar

51

Trade, Growth and Child Labour Practices in South Asia Kishor Sharma

65

5

PART 2: LESSONS FROM SOUTH ASIA 6

7

8

9

An Assessment of Child Labour Laws, Prevention Strategies and their Effectiveness in Bangladesh Jesmul Hasan

81

An Overview of Child Labour in India Subhashini Subbaraman and Harald von Witzke

99

Child Labour in India: A Critical Evaluation of Four Issues Anna Pinto

113

Strategies for the Prevention of Child Labour: An Overview of Strategy and Effectiveness in Nepal Chiranjibi Nepal 133

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Child Labour in South Asia

10

Strategies for the Prevention of Child Labour: An Overview of Strategy and Effectiveness in Pakistan Shafqat Munir and Hassan Mangi 151

11

Issues Relating to Prevention of Child Labour in Sri Lanka Nisha Arunatilake and Roshani de Silva

Index

169 191

List of Figures 3.1 3.2 3.3

Process of settlement growth and decline A cumulative causation model of industrial growth Role of institutions in economic development

29 33 41

4.1 4.2

Child work worldwide Push/supply and pull/demand factors of child labour

55 57

7.1 7.2

Sector-wise distribution of child labour in India (in per cent) Cycle of poverty and child labour

102 104

List of Tables 2.1 2.2

Per capita GDP vs. child labour as a percentage of total children population (5-14 years of age) by region, 1995 Selected case studies and micro level surveys on child labour in India

14 16

4.1

Total estimates of working children (in millions)

55

5.1 5.2 5.3

Child labour in South Asia Economic growth and the incidence of child labour in South Asia Ratification status of minimum age conventions (C138) and worst form of child labour convention (C182) in South Asia

68 68

Appendix Table 5.1 Distribution of economically active children 5-14 years old by sex in South Asia Appendix Table 5.2 South Asia: key economic indicators, 1997 Appendix Table 5.3 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in India Appendix Table 5.4 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in Bangladesh Appendix Table 5.5 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in Pakistan Appendix Table 5.6 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in Nepal

70

72 73 74 75 76 77

6.1 6.2

Minimum age of labour Ordinances and age groups

7.1 7.2 7.3 7.4

Statistics on child population and working children Distribution of child labour across age groups and gender States with highest occurrences of child labour and their characteristics States with highest occurrences of child labour and their educational characteristics Rates of return to educational levels across sectors in rural India

107 108

Distribution of economically active children by age, sex and rural/urban areas 1996

156

School attendance by age group Reasons for non-attendance Children working in home enterprises, Sri Lanka Children working for pay, Sri Lanka Offences of child labour – number of cases filed

173 174 175 177 179

7.5 10.1

11.1 11.2 11.3 11.4 11.5

82 85 101 103 105

List of Contributors Nisha Arunatilake Research Fellow, Institute of Policy Studies, Colombo, Sri Lanka. Geoff Bamberry Associate Professor, Charles Sturt University, Wagg Wagga Campus, NSW, Australia. Jesmul Hasan Technical Advisor of Odhikar, A Human Rights Organization in Bangladesh. Gamini Herath Associate Professor, School of Accounting, Economics and Finance, Deakin University, Geelong Campus at Waurn Ponds, Victoria, Australia. Hassan Mangi Director, National Commission for Child Welfare and Development, the Ministry of Women’s Development, Social Welfare and Special Education, The Government of Pakistan, Pakistan. Shafqat Munir Development Journalist and Researcher, Head, Democracy and Human Rights (DAHR), Pakistan. Chiranjibi Nepal Economic Advisor, Nepal Federation of Chamber of Commerce and Industry, Kathmandu, Nepal. Manohar Pawar Associate Professor, School of Humanities and Social Sciences, Charles Sturt University, Wagga Wagga Campus, Australia. Anna Pinto Secretary and Programme Director of CORE (Centre for Organization, Research and Education, India. Kishor Sharma Associate Professor, Charles Sturt University, Wagga Wagga Campus, NSW, Australia.

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Child Labour in South Asia

Roshani de Silva Research associate, Institute of Policy Studies, Colombo, Sri Lanka. Subhashini Subbaraman Fachgebiet International Agricultural Trade and Development, LandwirtschaftlichGärtnerische Fakultät, Institut für Wirtschafts- und Sozialwissenschaften des Landbaus, Humboldt Universitaet zu Berlin, Luisenstr, Germany. Harald von Witzke Fachgebiet International Agricultural Trade and Development, LandwirtschaftlichGärtnerische Fakultät, Institut für Wirtschafts- und Sozialwissenschaften des Landbaus, Humboldt Universitaet zu Berlin, Luisenstr, Germany.

Preface and Acknowledgements In the last few decades, we have witnessed significant advancements in our understanding of the relationships between economic development and child labour. There is now consensus that a myriad of factors cause child labour, and general recognition of the need to address these issues in growth and development policy decisions. Many countries are revising their child labour policies to fast track the achievement of more effective results with due recognition of the importance of eliminating poverty. The ratifications of many international agreements by all countries in South Asia and re-evaluation of their own approaches provide a basis for prioritizing policies which if implemented have a greater chance of success in eliminating child labour. Past policies were more oriented toward government priorities even though many stakeholders have legitimate interests in the policy process and mechanisms used for their implementation. Major stakeholders in the policy process are government officials, non-governmental organizations, donor agencies, farmers and foresters and private sector enterprises. The general public also have specific interests. Donor agencies such as the World Bank, The Asian Development Bank and the International Fund for Agricultural Development (IFAD) have special interests in assisting the developing countries to solve the scourge of child labour. The different stakeholders have different resources at their disposal that through joint and wellcoordinated action can make a notable difference in addressing poverty and child labour. Governments can provide legal frameworks, private enterprises have the technical know-how and civic society has the ability to enrich dialogue on priorities and mobilise awareness and political will. Acting together, these groups can achieve considerable success in implementing the global agenda. Joint action is an integral element in policy decision making. Most of the chapters in this book were presented at an international workshop on child labour held at Charles Sturt University, Wagga Wagga Campus, Australia in April 2005. Funding for the conference was granted to Kishor Sharma under the International Seminar Support Scheme of AusAID. The editors quickly realized that the continuing saga of child labour in most developing countries and the inability of traditional policy analysis to minimize the problem effectively warranted the explication of new policies and approaches that provide greater success. In this volume the readers will encounter some of the vital issues and the past efforts made by many governments. There were many challenges in writing the book due to lack of credible statistical information and the difficulty in collecting information in developing countries. We wish to acknowledge the many people, too many to name, we have worked with over the years, and who have stimulated our understanding and interest on the child labour issues. We are grateful to AusAID for providing financial support for the conference. We wish to express our sincere thanks to MS Annette Lamont for

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Child Labour in South Asia

helping us in organizing the conference. She provided excellent support to make the conference a success. Chapters included in this book are refereed and we would like to thank the referees for their time and support. We express appreciation to the contributors for their prompt responses to our innumerable inquiries and editorial comments. We wish to express our appreciation to Nirmitha Herath and Moktharul Wadud for reading some of the chapters in draft form. Last but not least, our heartfelt appreciation goes to Hemamala Herath for her painstaking work in typing, correcting, formatting and assistance throughout the preparation of this book. Her dedication in preparing this book manuscript for publication despite numerous problems was invaluable in completing the task.

PART 1 Theoretical and Empirical Debates on Child Labour

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Chapter 1

Labour and Economic Development: Emerging Issues in Developing Asia Gamini Herath and Kishor Sharma

Introduction Child labour is a serious and contentious issue throughout the developing world as it is demeaning and damaging to a child’s health and intellectual development (UNICEF 1997, Ray 2004, Ray 2000). However, what counts as child labour and who counts as a worker is still a controversial issue and many jobs fall outside the law. Child labour continues to be a problem whose form and very meaning shifts with social, geographical, economic and cultural context. In some regions child labor has persisted or reconstituted from the customary into the exploitative. Low wages, irregular hours of employment, exploitative slavery, atrocious working conditions, lack of contracting power all characterize child labour in many countries. Generalization is elusive because there are significant variations among the different kinds of work done, which can range from family help for parents to industrial work. Child labour is the basis of economic activities in many Asian developing countries and many consumer goods including export commodities such as carpets, clothing, and agricultural commodities are produced by them. Child labour practices also occur in a range of potentially hazardous tasks such as gem mining, construction, commercial farming, and transporting goods and services. Poverty, absence of accessible schools in the villages, and the shortage of teachers prevent children from attending school and keep them in employment with megre returns (Ravallion and Wodon 2004). It is estimated that about 60 per cent of world’s children live in developing Asia and about 19 per cent of these children are victims of child labour practices. Within Asia, South Asia has a high incidence of child labour and this varies significantly between countries. For instance, children’s workforce participation rates-the number of child workers to the child population-range from just above 5 per cent in India to 42 per cent in Nepal (see Table 1.1 and chapter 5 by Sharma in this volume). The lower percentage of child labour in India appears to be mainly due to rapid economic growth and export expansion brought about by economic liberalisation since the

4

Child Labour in South Asia

early 1990s, while the high incidence of child labour in Nepal appears to be mainly due to slow economic growth caused by civil unrest (Table 1.1)1

Table 1.1 Economic and social indicators of South Asian countries Country

Bangladesh India Nepal Pakistan Sri Lanka

Total population in millions (2004)

141.8 1,103.3 27.1 163.9 20.5

Average annual population growth rate (per cent) (1990-2004)

GDP Growth (per cent) (20002004)

Per capita GDP (US$) 2005)

literacy rate 20002004 (per cent)

2.1 1.8 2.4 2.3 1.0

5.2 5.8 3.2 4.0 3.3

2,011 3,344 1,675 2,628 NA

59 39 51 51 91

Source: UNICEF available at

South Asia is one of the highly populated regions in the world, providing shelter for about 1.436 billion or 22 per cent of the world’s population. It is also the region which has experienced rapid economic growth since the 1990s due to liberalization in trade and investment which began in the early 1990s. In comparative perspective, India has grown faster than the other economies in the region. For instance, during 2000-2004 India’s GDP grew at 5.8 per cent per annum compared to Nepal’s GDP which grew at only 3.2 per cent per annum during the same period. India is also the country with the largest population and per capita GDP, while Nepal is the smallest country in terms of both population and per capita GDP. Agriculture appears to be the backbone of the South Asian economies, although its contribution to GDP has gradually declined as service and industry sectors expanded in response to economic liberalization of the early 1990s. Table 1.1 presents key economic and social indicators of South Asian countries that are covered in the present study. Since the welfare of working children is a real issue, it is important to examine the nature and extent of the problem more closely to gain better insights into child labour practices and to develop policy measures keeping in mind country-specific peculiarities. This is the purpose of this volume.

1 It is interesting to note that despite a decade of lack lustre growth performance, the incidence of child labour is very low in Pakistan.

Labour and Economic Development: Emerging Issues in Developing Asia

5

Some salient aspects of child labour in Asia Many South Asian countries depend heavily on agriculture which in some countries contribute more than 50 per cent of GDP. Agriculture is the predominant occupation of many families with large number of children and child labour is a pre-requisite in the family’s farm. Poor families cannot afford to hire labour due to poverty. Poorer sections of the community such as tenant farmers are worst affected because the tenancy system forces tenant farmers to use children in the fields to meet the terms of the labour contract. Some landlords can even prohibit children of tenants living on estates from sending their children to school during harvesting (Otanez et al 2006). Rapid historical increases in agricultural productivity are expected to continue in the future and the need for labour remains high. There has been gender bias in the agricultural technologies such as the Green Revolution where the demand for female labour has been comparatively higher which adversely affected female childrens’ welfare (Cigno and Rosati 2002). Lack of efficient infrastructure to supply water and energy resources compel the use of child labour to gather water and fuel wood. The decline of the natural resource base in many developing countries due to excessive harvesting mean that the task of gathering water and fuel has become even more strenuous and longer hours need to be spent (Pachauri et al 2004). These affect childrens’ nutrition, health and recreational needs. In general, solving the problem of child labour becomes complex and decisions involve difficult tradeoffs between work and schooling by poor families. The labour resources need to be managed in order to improve their quality and ensure that economic development does not degrade their health. Parental perceptions of child labour need to be changed through education and intervention strategies. The unprecedented increases in population and economic growth and rampant poverty during the last few decades have diminished the capacity of countries to eliminate child labour. The world’s population has reached 6.5 billion in 2005. At plausible rates of growth in population and income per capita, world GDP in 2050 could be four times what it is today (Kirk and Ian 2004). Rapid socioeconomic improvements driven by increased income and wealth can increase the demand for child labour. Globalization and liberalization of markets and intensifying competition in commodity markets have increased the demand for labour in developing countries. There has been significant outsourcing of economic production from the developed countries to the developing countries due to globalization. With globalization of markets, children have become more susceptible to global economic forces and the actions of governmental and private industrial agencies. Child labour policies in perspective As the complexity of the problem increases, it becomes more difficult for policy makers to identify better management alternatives that are effective. This difficulty has increased the demand for even more effective policies. The neoclassical economic approach would have limited applicability in such situations. Over the past

6

Child Labour in South Asia

two decades, considerable attention has been focused on developing new policies to identify better alternatives for managing child labour. New insights need to be gained to improve the implementation and effectiveness of child labour policies. Government intervention is required to improve adult wages and address child labour problems but such action is unlikely because some industries dominate the government. Some industries are major foreign exchange earners. This creates conflicts of interests between government and industry representatives and pervasive corruption. These challenges are daunting but there is little doubt that both children and adults would be far better off than they are under the current situation were payments of better wages to occur. Despite minimum working age and constitutional protection given to protect children from economic exploitation, child labour can interfere with their education and development. Governments lack implementation measures and do not enforce this law. Despite being signatories to many conventions, there is no meaningful enforcement of any of these provisions, and child labour is increasing in some countries. There is a need to reevaluate which actions if any, would be appropriate to effectively reduce the incidence of child labour. If governments are genuinely committed to improving the socio-economic conditions of child labour and their parents, they should establish and enforce policies not to purchase products made using child labour. They should also conform with the core conventions of the ILO that cover not just child labour but a range of labour rights concerns, adopt monitoring programs to ensure that third party monitors will visit farms periodically to perform audits and also commit public reporting of results of monitoring workplaces. National and international organizations consider community participation as a critical component in collaborative efforts to resolve the child labour problem. Involvement of community groups in the planning, management, and policy analysis helps to resolve conflicts, increase public commitment and the capacity of governments to respond to public needs with policy alternatives acceptable to the community. Community involvement in decision making has been inadequate and public consultation has been ineffective. Community participation focuses on people and their needs, and engage them in developing a common orientation and shared future vision for child labour. Child labour was a problem in the developed countries of the world centuries ago. During the industrial revolution child labour was a crucial element and widespread poverty at that time made child labour available. However, over a long span of time, beginning from legal protection, and other conditions such as regular medical checkups for factory labour and the so called ‘half-time’ work which permitted children to work but study at the same time were adopted which over time minimized the child labour problem (Pierick and Houwerzijl 2006). These countries followed several phases in eliminating child labour over time and whether the contemporary developing countries should follow the same path in eliminating child labour remains a contentious issues but innovative and more efficient policies may reduce this time span considerably.

Labour and Economic Development: Emerging Issues in Developing Asia

7

Purpose and structure of the volume Despite growing debate about globalization and child labour practices, countryspecific studies on this topic are extremely limited. The purpose of this volume is to bridge this gap in the literature by examining the experience of South Asian countries which have experienced rapid growth since the early 1990s. This is also the region which has a high incidence of child labour practices. The examination of the experience of countries from this region would provide a better insight into this important socioeconomic issue. The volume is divided into eleven chapters. Following this chapter on introduction, chapter 2 evaluates the theoretical and empirical literature available to assess the scope, intensity, trends and strategies adopted to combat child labour. The chapter pays particular attention to poverty and role of education, supply and demand factors and impact of trade liberalisation to obtain a clearer understanding of the nature of the problem. Although not exhaustive, it presents several theoretical models including credit constraint models and provides a stimulating look at what could be done to combat negative consequences of child labour. Chapter 3 is a theoretical model and attempts to view child labour from a cumulative causation perspective. It provides an overview of how the theory is based on the concept of cumulative cycles of growth and decline, a description of its focus on change, including change through invention and technical progress, and an outline of its emphasis on the influence of history on economic development. This is followed by a discussion of how child labour can be explained through the economic and socio-economic bases of the theory. It also highlights how political and institutional factors can be used as a basis for policies and programs to eliminate poverty and child labour. Chapter 4 describes an integrated model for India by the author who has first hand experience on child labour. The chapter discusses (a) the current global trends in child labour, both in terms of the concept and extent of the problem; (b) strategies to deal with the child labour issue and their limitations; and (c) develop an integrated approach to effectively reduce child labour and provide support services to children to free themselves from child labour, particularly the worst forms of child labour. This chapter aims to raise awareness of child labour in order to mobilise necessary resources and create conditions for children to realise their human potential. Chapter 5 presents an overview of the issues regarding trade and child labour, the state of child labour in South Asia and the role of the WTO in minimizing child labour. The examination of the experience of South Asian countries is particularly relevant because a significant number of working children are found in this region and the incidence of child labour varies significantly between the countries in the region. Chapter 6 provides an evaluation of the role of legislation to control child labour in Bangladesh. It provides an account of the various Laws and Acts passed by the legislature and the problems of efficiently implementing such laws. Bangladesh is an extremely relevant case study because of the wide prevalence of child labour, high child malnutrition, poor enrolment in schools, frequent natural calamities, and poor implementation of labour legislation.

8

Child Labour in South Asia

Chapter 7 discusses the child labour problem in India, a country with a large percentage of child labour and many industries employing child labour. Though the percentage of working children is lower in India than in many other developing countries, it has the largest number of working children in the world. The child labour issue is comparatively well researched in India and this chapter examines recent statistics, trends and policies and their effectiveness. Chapter 8 takes a philosophical stance of the child labour issue and specifically looks at the issue in India. It explores the broader perceptual, contextual and historical frameworks that determine the attitudes towards child labour. It then raises specific issues on child labour and provide an analysis of each in detail. Chapter 9 provides a detailed discussion of the strategies adopted to minimize child labour in Nepal. Being a country with a high percentage of child labour, the issue is an important one. The Nepalese Government has initiated a Nepal Master Plan to minimize the incidence of child labour by the year 2014. The chapter provides detailed accounts of the various aspects of the Plan which contains significant initiatives to make a sizeable dent on the child labour problem in Nepal. Chapter 10 looks at child labour in Pakistan where it has been a persistent problem. It presents the salient features of child labour market in Pakistan. The role of international covenants governing child labour and their impact in minimizing the problem are discussed. The need for integration and collaboration among the Federal Ministry of Labour, manpower and overseas Pakistanis, Provincial Labour Departments and the International Labour Organization (ILO) and civil society groups is emphasized. Chapter 11 evaluates the child labour problem in Sri Lanka. The chapter briefly looks at definitions of child labor and the various legislation relating to the issue of child labour, including the enforcement of legislation. It then analyses the child labour issue in a quantitative and qualitative way and the different institutions entrusted with functions relating to monitoring, preventing and punishment of cases of child labour are studied. The chapter identifies the numerous problems encountered in the implementation of legislation. References Cigno, A. and Rosati, F.C. 2002, Why do Indian Children Work and is it Bad for Them?, Discussion Paper No. 115, Institute for the Study of Labor (IZA): Bonn. Kirk, H and Ian, J. 2004, ‘Responsible growth to 2050’, World Economics, 5: 3352. Otanez, M.G., Muggli, M.E., Hurt, R.D and Glantz, S.A. 2006, ‘Eliminating child labour in Malawi: A British American tobacco corporate responsibility project to sidestep tobacco labour exploitation’, Tobacco Control, 15: 224-230. Pachauri, S., Mueller, A., Kemmler, A and Spreng, D. 2004, ‘On measuring energy poverty in Indian households’, World Development, 32: 2083-2104. Pierik, R. and Houwerzijl, M. 2006, ‘Western policies on child labor’, Ethics and International Affairs, 20: 193-219.

Labour and Economic Development: Emerging Issues in Developing Asia

9

Ravallion, M and Wodon, Q. 2000, ‘Does child labour displace schooling? evidence on behavioural responses to an enrolment subsidy’, The Economic Journal, 110: 158-175. Ray, R. 2000, ‘Child labour, child schooling, and their interaction with adult labor: empirical evidence from Peru and Pakistan’, World Bank Economic Review, 14:347-367. Ray, R. 2004, ‘Child labour: a survey of selected Asian countries, Asia-Pacific Economic Literature, 18: 1-18. UNICEF, 1997, The State of the World’s Children, UNICEF: New York. UNICEF

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Chapter 2

Child Labour in Developing Countries: Review of Theoretical and Empirical Issues Gamini Herath

Introduction Child labor has been an important issue for several decades in many developing countries in Asia, Africa and Latin America. The ILO estimates that in 2000, about 211 million children aged 5-14 years were engaged in some form of child labor (ILO 2002). Child labour is a complex phenomenon closely associated with poverty and economic development. It is considered demeaning and immoral as children are subjected to untold hardship and misery in exploitative and hazardous industries often for meager wages. The icon of the exploited child has evoked passion due to its ethical and moral implications. Globalization has added a new dimension to the child labor problem. Skeptics argue that globalization will exacerbate child labor and its adverse consequences. Child labor is a difficult issue to analyze due to definitional problems, paucity of credible statistics and divergence of the nature of the problem in different countries. Nevertheless, the problem has been examined from various perspectives. Policies adopted to solve the problem range from voluntary actions such as labeling of products as child labor free to stringent regulations. However, to date no country has completely succeeded in eliminating child labor. An effective solution to end child labor in developing countries has gained greater urgency in policy circles. Better understanding of the child labour issue is crucial to develop effective policies to mitigate the problem. The nature of the relationship between child labour, poverty and education, factors affecting supply and demand and the divergence of the child labour problem across countries and communities need to be clearly understood to formulate effective policies to combat the child labour problem. Objectives of the chapter The aim of this chapter is to review available theoretical and empirical literature to assess the scope, intensity, trends and strategies adopted to combat child labour. The chapter pays particular attention to poverty and role of education, supply and demand and impact of trade liberalisation to obtain a clearer understanding of the

12

Child Labour in South Asia

nature of the problem. The specific objectives of this chapter are to review existing literature on child labor, identify the most important determinants of child labor, evaluate the welfare implications and evaluate policies that will help minimize the severity of the problem in developing countries. Theoretical frameworks on child labour Many theoretical perspectives have been proposed by researchers and in this section two theories based upon market imperfections are briefly reviewed. Labour market dysfunction model (LMDM) This model considers child labor as a problem created due to labor market dysfunction. It posits that parents uncoordinated decisions to send children to work increases the supply of labor and hence low wages which in turn perpetuate poverty. Poverty is caused by low productivity in countries that tolerate child labor. In most developing countries, productivity and marginal productivity of unskilled labor is low and hence withdrawing child labor may not have a significant effect on wages. When factor productivity is high, unskilled labor wage may be low when both parents and children work but the wage may rise if child labor is withdrawn. The policy implication of this scenario is that those countries should receive international aid to improve their infrastructure (roads, power plants etc.) which can make labor laws such as a ban on child labor more effective. The problem in this model is that labor market imperfections are not the only factors that cause child labor. Credit constraint model (CCM) Basu and Van (1998) argue that poverty caused by labor market conditions, may force parents to send their children to work to earn additional income. According to Ranjan (1999) credit market imperfections prevent parents from borrowing against children’s future earnings and hence children are sent to work. Under these circumstances child labor will persist even if there is legislation banning child labor. However, the model does not explain why countries adopt child labor laws. When there is serious asymmetry in the credit market, interlinked credit and labour can lead to bonded labour. Basu and Chau (2004) examined bonded labour from an interlinked markets perspective to examine the dynamic consequences of policy intervention. Bonded labour persists when opportunities to secure loans to tide over unfavourable circumstances and unexpected consumption needs are not available especially in rural areas. Money lenders can enter into labour and credit contracts in an interlinked fashion. An outstanding debt can be repaid in the form of bonded labour. Bonded labour is the worst form of child labour. Low wages make households less capable of transferring benefits to future generations and this can lead to continuation of bonded labour. Developing countries with debt bondage have low GDP per capita, a large proportion of the labor force in the agriculture and a higher proportion of

Child Labour in Developing Countries

13

economically active children (10-14 years). Credit markets are better developed in countries without debt bondage. In 42 percent of the countries with debt bondage, more than 50 percent of the export revenue comes from agriculture (Basu and Chau, 2004). Bonded labour is illegal but it is still widely prevalent in India, especially in Orissa, Bihar and Andhra Pradesh and is a continuing problem in Nepal especially in agriculture. In Pakistan bonded labour is widely used in cotton and sugarcane cultivation. The analysis also shows that sanctions will be less effective in the presence of bonded labour. Pressure that lower labour demand and lower wages will be counter productive (Basu and Chau 2004). Studies using panel data have found that there is significant association between child labor and private credit as a share of GDP. These findings were particularly robust for poor countries characterized by less developed financial markets and more child labor. Credit constraints need to be relaxed either by removing market imperfections or economic growth. Correcting credit market imperfections or reducing income inequality can reduce child labor. Determinants of child labor supply Many factors influence child labor supply which straddles from socio-economic, demographic, and cultural to ethical factors. Factors such as lack of schooling, illiteracy, age and sex, and the educational level of the head of the household can influence the extent of child labour (Majumdar 2001). Lloyd (1994) identifies four factors that can affect child labor namely, level of socio-economic development, level of social expenditure, family culture, and phase of demographic transition. These are briefly reviewed in the next section. GDP, income distribution and child labor The LMDM and CCM both suggest that child labor causes poverty. However, many researchers have suggested that poverty is a strong determinant of child labor. Most countries with low GDP or per capita GDP report higher incidence of child labor compared to those with higher GDP. Table 2.1 shows that Africa has around 41.5 per cent of its child population economically active and have the lowest per capita GDP. Asia has 21.5 per cent participation rate and North America, the richest nation, reports no child labor. Child labor is more prevalent in the rural sector characterized by low income, heavy dependence on agriculture, poor infrastructure and institutions. A majority of the poor live in such areas. Many poor parents in developing countries are compelled to send children to work to tide over temporary economic crises because of serious financial constraints. Many studies have shown that poor parents send their children to work in order to survive (Basu 1999, Grote et al 1998). For these families, child labor works as a consumption smoothing device (Baland and Robinson 2000). Several other studies explicitly recognise poverty as a factor leading to child labor (Rosenzweig 1981, Grootaert and Kanbur 1995, Basu and Van 1998, Easwaran 1996, Baland and Robinson 2000).

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Child Labour in South Asia

Table 2.1 Per capita GDP vs. child labour as a percentage of total children population (5-14 years of age) by region, 1995 Region

Participation rate

GDP/capita ($)

Africa

41.4

672

Oceania (excluding Australia and New Zealand)

29.3

–

Asia

21.5

855

Latin America and Caribbean

16.5

3681

0.0

>20000

North America Source: Hussain and Maskus 2003.

Many studies have provided evidence of a relationship between child labor and poverty. One study of 83 countries showed a correlation of – 0.74 between the incidence of child labor and the logarithm of GNP. Ravallion and Wodon (2000) found that rural and economically depressed areas have more child labor. Not surprisingly they also discovered that poverty rather than household demographics causes child labor. In Vietnam, the rapid increase in living standards associated with it’s transition to a market economy in the 1990s led to sharp decline in child labor (Rosati and Tzannatos 2004, Edmonds and Turk 2003). The increase in the price of rice between 1992-93 and 1997-78 and the consequent increase in rural incomes have been instrumental in this decline. A 30 per cent increase in the price of rice is associated with a nine per cent decrease in child labor. The income effect dominated the substitutions effect (Edmonds and Turk 2003, Edmonds and Pavcnik 2003). Parents occupation and outside incomes can have a positive income effect on children’s education and reduce child labour. Khanam (2004) found that in Bangladesh trade had a positive impact on schooling but wage/day labourer had a lower probability on schooling. Shelburne (2001) found that the trade ratio i.e. the sum of the imports and exports normalized by the GNP to be negatively related to child labour. This was true for a group of developing countries as well as former communist countries of Eastern Europe and the former Soviet Union. Income distribution is considered another important determinant of child labor. It is inferred that income inequality and child labor are positively related. Anker (2000) found the correlation between the logarithm of the Gini coefficient and the incidence of child labor to be 0.28 for 83 countries. Checchi (2000) used multivariate analysis of 94 countries and found a strong negative linkage between years of schooling and income inequality. Ranjan (1999) developed an econometric model to analyze the relationship among child labor, level of human capital and GDP per capita. He showed that poverty in combination with credit constraints can give rise to child labor in developing countries. Ranjan (2001) in his work accepts that income distribution matters in child labor but contend that income inequality is caused by credit constraints.

Child Labour in Developing Countries

15

Dessy and Vencatachellum (2003) examined how poverty and inequality combine to differentiate countries that succeed with child labor laws from those that do not. They assume that there are strategic complementarities between parents’ decision to educate children and technology choice of firms which generate multiple school enrolment equilibria. Their results show the following: •

•

For all children to attend school, the country should have high per capita income, or if the per capita income is not too low, it must have sufficiently less income inequality (e.g. Korea). In this case economic growth must precede any child labor laws. When a country is not too poor but displays high income inequality, some parents may not be able to send children to school. In this case redistribution may be sufficient.

Their model shows that redistribution that ensures low wealth inequality can make labor laws welfare improving. However, they caution that redistribution alone may not be sufficient to eliminate child labor. This suggest that worsening income inequality can exacerbate the child labor problem. Education and child labour supply Parents value present consumption and the human capital formation of their children. They face a trade off between work and human capital formation because child labor competes with a child’s schooling opportunities and educational achievements. Most analysts adopt a family strategy perspective in investigating child labour because decisions on whether child labour should be allocated to work or study are often made by parents. Parents make decisions based on the human capital of the children and leisure of the household members and consumption subject to income, time and technology constraints. Hence, the way a household allocates a child’s time depends on number of children, productive potential of the parents in home and market work, the degree of labor substitution between child and parents and demographic variables. Less educated parents in rural areas often accept child labor as a social norm. Parents with higher levels of education are likely to send their children to school to obtain better education. Children whose mothers have at least primary level education have a greater likelihood of studying full time (Cigno and Rosati 2002). The education of the mother and father and the occupation of the father had significant effect in child schooling in Bangladesh (Khanam 2004). Some studies show that fathers’ education level does not exert a significant influence on the decision to work or study but the mother’s education is significant. Ravallion and Wodon (2000) found that the greater the parents’ education the less likely will be the supply of child labor from those families. Achievement of higher education standards by one generation can lead to higher standards of education in the next generation which can avoid a “dynastic trap” of child labor. Cigno and Rosati (2002) found that probability that a child will study full time increases with the presence of a school in the village which reflects a price effect as

16

Child Labour in South Asia

marginal cost declines when the school is closer. Hussein and Maskus (2003) used seemingly unrelated regressions (SUR) approach employing data from 64 countries to examine the impact of schooling and child labor and found a decrease in child labor as a result of schooling. Age and gender and child labor While there is little doubt that the education of the children in general is of the utmost importance, the impact of age distribution and gender on child labor is a key question for researchers. Cigno and Rosati (2002) examined child labor in India from an education and nutrition perspective using the data from the Human Development of India Survey, 1994 which revealed that school enrolment is high being around 65 per cent in the 6-16 year age range. Around 15 per cent of the children in the 6-16 year age range are engaged in paid or unpaid work, the work being reported mostly as household work where girls predominate (Cigno and Rosati 2002). They also found that the probability of working full time decreases with age up to 8 years and increases for older children. The probability of working and studying at the same time increases with age up to 12 years and then it decreases. An interesting analysis of child labour in Tamil Nadu, India based on field survey data suggests that more than two out of every 10 children under the age of 15 years, were engaged in an economic activity in either principal or subsidiary capacity, during the year preceding the survey. A majority were employed in the agricultural and informal sector as opposed to wage work (see Table 2.2). Khanam (2004) found that the probability of working and combining work and study increases with age.

Table 2.2 Selected case studies and micro level surveys on child labour in India Source

Working children aged 5-14 years

Glass factories, Firozabad (Burra, 1986)

50000

Lock factories, Aligarh (Burra, 1987)

10000

Pottery, Khurja (Burra, 1987)

5000

Match industry Sivakasi (Kothari 1983, Kulkarni, 1983)

45000

Source: Majumdar 2001.

Cigno and Rosati (2002) found that girls are more likely to specialize fully in either work or education than to do both and are likely to specialize in work than boys. Increase in the number of pre-school children can reduce incomes and hence negatively affect children’s schooling and increase the female children’s household work which shows that the parents will equalize the marginal rates of substitution

Child Labour in Developing Countries

17

between consumption and schooling, leisure and work with relative prices. Other studies show that older children are more likely to work, boys more in wage labor than girls because either substitute for their employment of mothers or help other female members of the family (Ravallion and Wodon 2000). Khanam (2004) using multinomial logit analysis to study child labour in Bangladesh found that the presence of pre-school children is significant for girls but not for boys. The coefficient for work only for girls’ category was insignificant. The results also show that if the child is the son or daughter of the head of the household, he or she is more likely to specialise in study than in work. The probability of girls combining work is greater than for boys may be due to inclusion of household duties in the work variable. This is contrary to the findings of several other studies which used a different variable for work. Cultural factors can affect this relationship; for example, in the slums of Tamil Nadu, India, family discriminates in order to provide a few children, mainly boys with quality private education. In Uttar Pradesh, India however, such discrimination between the sexes is not evident. There is substitution between schooling of girls and the labor force participation of mothers. An important determinant is the wage level of children and adults. For rural India the own wage elasticity of child labor was estimated at about 0.8. Also in India 10 per cent increase in women’s wage rate would decrease girls’ labor force participation by about 10 per cent but would not affect boys’ participation. The opposite is true for men’s’ wage rates which have cross elasticity of about 1 with respect to boys labor supply. Davies and Zhang (1995) suggest that bequest plays an important role in explaining gender differences in education and child labor. Tansel (1993) found that cost of schooling affects the demand for schooling and have different impact depending in gender. Alderman and King (1998) suggest that the disparities between genders may be due to returns realized by parents. For example, in Vietnam, sons are expected to remit some of their income to parents and the expected return form son’s education is higher than the returns from investing on daughters education which is lost upon marriage (Haughton and Haughton 1998). Household size, land size and child labor supply The allocation of time depends on the potential income from child labor, that potential in turn affects the desired household size. Expectations include both their work as children and their potential support to parents in old age. There is evidence that larger household size reduces children’s educational participation and also parents’ investment on schooling (Lloyd 1994). Thus a larger household size increases the probability that a child will work. The presence of older siblings decreases the probability of market work especially if the child is of the same sex. Such a substitution effect was absent for domestic work. The number of members in the household is a determinant of the potential supply of child workers; hence the fertility behavior is a determinant of supply. Cigno and Rosati (2002) used multinomial logit analysis to estimate the probability that a school age child will ‘work only’, ‘work and study’ as against study only. The major findings were (a) increase in household size is likely to reduce

18

Child Labour in South Asia

the probability that a school age child will work at all, and more likely to work part time (b) the number of preschool children raises the probability that school-age child will work only (c) number of school-age children raises the probability that a child in that same age group will ‘work only’ or ‘work and study’. Dasgupta (1995) states that in poor countries children are used as assets to earn and hence another motive for procreation and distort fertility decisions. Weiner argues that if we permit children to be used as earning assets, then there is incentive for more procreation. Easwaran (1996) shows that when children are needed to provide old age security, allowing parents to put their children to work may induce parents to substitute away from small more educated society to a large uneducated families. The relationship between fertility, household size and child labor depends on size of land holdings. Children of landless or marginal land holders generally engage in wage labor. The extent of child labor increases with size of land because of the complementary nature of land and labor (Sharif 1994). A study of child labor in the Philippines indicates that the relationship between household size and child labor is different depending upon whether it is domestic or market work, and the sex and the birth order of the child (DeGraff et al 1993). Land owned had a significant coefficient for the ‘neither work nor study’ group but it is weak. There is some evidence of an increase in probability for schooling when the land owned increases. Increase in the land operated raises the probability of combining study and work. Additional land requires more labour and hence reduces the time for study. However this observation is not supported for girls as girls work less in farm enterprises. The cost of schooling variable was found to be not significant. Impact of child labour Child labor can have varying effects on society and some of the major schools of thought are examined below. Effects on education and health Child labor can have adverse effects on society and wellbeing. Child labour causes not only loss of formal education and human capital but also the lack of social and cognitive skills and increased health hazards. There is controversy about the impact of child labour and welfare. Others investigated the impact of child labor on educational attainment, earnings potential, health and choice of occupation. They found that child labor lowered educational attainment but increased the probability of wage employment and daily labor earnings. They found no significant adverse impact on the health of the person. Child labour is significantly related to impairment of human capital formation of children in Ghana (Canagarajah and Coulombe 1997). In India, managers report that their workforce is not sufficiently educated and cannot follow instructions or read manuals etc. (Weiner 1991).

Child Labour in Developing Countries

19

Cigno and Rosati (2002) found that the nutritional status measured by biometric indicators of nutrition show no significant difference between working children and children attending school. In fact, working girls up to age ten and working boys up to age seven had higher body weight than their contemporaries attending school. In terms of nutrition and anthropometry, it was found that school age children have lower nutritional status in poorer households, for a given household income and size, children with more brothers and sisters have lower body mass, land size has a positive effect on nutrition, school availability raises nutrition suggesting that the income effect of this cost-reducing variable dominates the cross–substitution effect. Economic efficiency and welfare effects Child labor can affect the efficiency of labor and commodity markets. Child labour is inefficient because it affects the future earning ability as an adult due to poor human capital development. Available studies on this issue are mostly theoretical and available empirical studies do not focus specifically on the efficiency implications of child labour. Bergson (1989) formalized the Rotten Kid theorem deriving the general conditions under which, if intrafamily transfers are interior, family members independently choose actions that benefit the whole family, i.e. maximize joint family income. Grootaert and Kanbur (1995) suggest that if there is a tradeoff between child labor and education, then child labor can be inefficient if there are positive externalities to human capital formation. However, Baland and Robinson (2000) establish that in a one good model when saving is positive, interiority of transfer is itself sufficient to establish efficiency. Baland and Robinson (2000) show that even when social benefits are absent, the nature of inter-family resource allocation may stop even the private return from being captured. Child labour may persist because parents may not leave any bequests or capital markets are imperfect. Parents fail to internalize the socially efficient tradeoff between child labour and earning ability (Baland and Robinson 2000). Baland and Robinson (2000) examined the efficiency properties of child labor and the implications assuming a tradeoff between child labor and accumulation of human capital. They tried to determine whether there is a clear-cut welfare argument that suggests that child labor is inefficient using a two period model with no discounting, one sided and two sided altruism, and exogenous fertility to examine the impact of policy intervention. Briefly the chapter shows the following findings: • •

Even when parents are fully altruistic to their children, child labour can be Pareto inefficient. Child labour is socially inefficient when it has a sufficiently adverse effect on children’s’ abilities but it may nevertheless persist either when parents leave their children no bequests or when capital markets are imperfect.

20

Child Labour in South Asia

•

• •

Even if bequests are interior, child labour may be inefficiently high, because parents face capital market imperfections which stop their transferring the future reduction in bequests into the present. Reverse altruism, with transfers from children to parents can restore efficiency of resource allocation when capital markets are perfect. The inefficiency of child labour persists even with reverse altruism when capital markets are imperfect.

In the models developed by Baland and Robinson (2000) child labor is socially inefficient despite credit constraints. In their model parents jointly choose family size and the children’s time use. This creates a positive association between parental fertility rate and child labor. In the presence of credit constraints a parent who has many children may have no choice but send some of them to work. If the parents choose to limit number of children, he could educate all of them, but altruistic parents may like quality and quantity of children and hence will not reduce children unless the benefiting children can commit to compensate the parent during the parents old age for this sacrifice such as by transfer payments. Policies to reduce child labor There are international covenants as well as domestic legislation in many countries to eliminate child labour. The ILO has been at the forefront in developing international legislation to reduce child labor. The ILO Minimum Age Convention introduced in 1973 (No.138) aims to gradually bring the minimum working age to ensure that under-aged children are not exploited. It states that no person under 18 years should engage in any hazardous occupation. In 1999, the ILO introduced the Convention on the Elimination of the Worst forms of Child Labor, 1999 (No. 182) which applies to all countries. These conventions have been integrated to varying extents in developing countries. Sri Lanka ratified this convention in 2001 which applied it to all children below the age of 18 (Weerakoon 2001). Many countries in Asia have their own legislation towards eliminating child labor. Sri Lanka introduced national legislation through several Acts since 1922. However, cumbersome legislation and weak institutions led to poor implementation of legislation in Sri Lanka. Bangladesh has used legislation since 1933 with the enactment of the Children Act (Pledging of Labor) 1933. Several other Acts followed the Children’s’ Act 1933. The absence of a uniform definition, lack of specific legislation to tackle child labor in agriculture and construction sectors, and absence of laws against hazardous occupations for children were major weaknesses of this legislation. Bangladesh still remains a country with a very large proportion of child labor in Asia (see chapter 6, this volume). Legal restrictions or direct bans of child labor can reduce welfare. However, child labor legislation may not necessarily be impotent as noted for South Korea. If fertility decisions are motivated by old age security concerns, child labor laws may be a second best policy. There is a global effort to impose sanctions to minimise child labour in many developing countries but this is unlikely to have any significant impact.

Child Labour in Developing Countries

21

Public support for education has been advocated as one way of increasing school attendance and performance and reducing child labour. Some countries have introduced additional measures such as food for education programs (eg. Bangladesh, Tamil Nadu in India, Sri Lanka). Ravallion and Wodon (2000) found that the food for school program in Bangladesh led to significant increase in schooling but only one-eighth to one-quarter of the increased hours of schooling were attributable to decreased child labour. However, it does not support a one to one correspondence between child labour and schooling. In these situations, increased government expenditure on education may reduce child labor (Basu and Tzannatos 2003). Compulsory education can induce parents to reduce fertility rates and trigger growth enhancing fertility transition even in countries with low per capita income. High schooling costs for rural populations can reduce the ability of parents to send children to school. Economists argue that if a firm decides not to employ child labour or that output is partially exported and that an external country bans the import of goods produced with child labour, a possible way to attain efficiency is to subsidize human capital formation. Reducing cost of education such as lowering school fees and prices of books etc. are important to encourage parents to invest on education. According to Gupta (2002) banning child labour or making education compulsory for children will be effective only if the difficulties of implementing these programmes can be overcome. Since child labor is caused by low incomes and lack of access to credit, increasing access to credit can reduce child labor. The advantage of this approach is that it can reduce child labor without reducing welfare. In addition, support for the elderly such as pensions schemes can lower dependence on sons to provide old age security and lower the opportunity costs of educating girls. Some argue for policies such as protection for the capital intensive import competing sector and/or taxing the labour intensive sector to reduce supply of child labour. They also argue that trade liberalisation can raise demand for unskilled labour and returns which can reduce the incentive for investment on skills and education (Grootaert and Kanbur 1995). Others argue that trade liberalisation by increasing incomes of poor families may create incentives to send young children to school (Basu 2002). In the long term, trade liberalisation will show a sectoral shift to skill intensive industries making employment of children less attractive. There can also be an interest rate effect where liberalisation and alleviation of credit constraint might help poor families to send their children to school now that income constraints have been relaxed. Also an open economy is influenced by world markets and hence is less dependent on domestic supply of unskilled labour compared to closed economies which can benefit from a large supply of unskilled labour including that of children (Shelburne 2001). Further, foreign investors may be less interested in child labour compared to other more important investment parameters such as market size, market growth, political stability and infrastructure issues (Kucera 2001). This is shown by the fact that countries with high child labour and low wages do not necessarily attract Foreign Direct Investment (FDI). Foreign investors may be under greater surveillance and supervision and hence may take greater care not to violate rules and regulations in the recipient country. Edmonds and Pavcnik (2004) analysed the trade ratio on

22

Child Labour in South Asia

child labour and concluded that trade openness might lower child labour but only via its positive effect on per capita income. Neumayer and Soysa (2004) found that countries that are more open to trade and are more penetrated by FDI display lower incidence of child labor. They however warn against using trade restrictions of exports made using child labor as a mechanism to punish such countries. Concluding remarks The child labour problem is still far from being resolved in the developing countries. Although some countries have made significant headway, the complexities are such that no closure of the on going debate on child labour is imminent. Efforts to reduce child labour should address the root cause of the problem. Income, income distribution and poverty are still the main causes of child labour. Children living in rural areas are much more likely to work than those in urban areas due to differences in educational resources. Parental characteristics have mixed effects. Employment of the mother increases child work. An urgent public intervention has to be in the area of educational resources and school functioning. Increased emphasis on educational participation of children is a critical element in any effort to reduce the child labour problem. Non-schooling and work reflects not only income poverty and borrowing constraints but also the paucity of educational opportunities. Proper primary schooling and provision of free school meals to make schooling more attractive may be appropriate in certain circumstances. Both enrolling subsidies and targeted school stipend may reduce the incidence of child labour. However, results suggest that child labour does not necessarily displace schooling and hence educational programs along cannot mitigate the severity of the problem. Reduced income constraints of households with working children through cash and in kind transfers and home business support may be a useful adjunct to other approaches. Regulation banning child work is ineffective where the socio-economic incentives for child labour are strong. The emphasis of legislation should be to protect the child worker and eliminate the worst forms of child labour such as prostitution, bonded labour, child soldiers and hazardous working conditions. Banning child labour by itself will not be effective because of the problems of implementing them in societies where the institutions are extremely weak. It is better to design and implement gradualist policies to reduce the working time and increase children’s’ school hours by improving the education system and the labour market. A gradualist approach is desirable combining education with work, humanizing the hours and conditions of work etc. Although there are some common features to the child labour problem in many countries, country or location specific features can exert an overwhelming influence and that “one size fits all” philosophy may not be appropriate. Each situation needs to be understood on a case by case basis for effective remediation.

Child Labour in Developing Countries

23

References Aldernamn H. and King, E. 1998, ‘Gender differences in parental investment in education’, Structural Change and Economic Dynamics, 9:453-468. Anker, R. 2000, ‘The economics of child labour: a framework for measurement’, International Labor Review, 139:257-80. Baland, J.H and Robinson, J.A. 2000, ‘Is child labour inefficient?’, Journal of Political Economy, 108: 663-679. Basu, K. 1999, ‘Child labor: cause, consequence and cure with remarks on international labor standards’, Journal of Economic Literature, 37: 1083-119. Basu, K. 2002, ‘A note on multiple general equilibria with child labor’, Economics Letters, 74: 301-308. Basu, K and Tzannatos, Z. 2003, ‘The global child labor problem: what do we know and what can we do?’, World Bank Economic Review 17: 147-173. Basu, K. and Van, P.H. 1998, ‘The economics of child labor’, American Economic Review, 88: 412-27. Basu, A.K and Chau, N.H. 2004, ‘Exploitation of child labour and the dynamics of debt bondage’, Journal of Economic Growth, 9: 209-238. Bergson. T.C. 1989, ‘A fresh look at the Rotten Kid Theorem and other household mysteries’, 97: 1138-1159. Burra, N. 1986, ‘Glass Factories of Firozabad, 11’, Economic and Political Weekly, 23: 2033-2036. Burra, N. 1987, A report on child labour in the lock industry of Aligarch, Uttar Pradesh: UNICEF: New Delhi. Canagarajah, R. and H. Coulombe. 1997, Child labor and schooling in Ghana, human development, Technical Report, World Bank: Washington DC. Cigno, A and Rosati, F.C. 2002, Why do Indian Children Work and is it Bad for Them? Discussion Paper No. 115, Institute for the Study of Labor (IZA): Bonn. Checchi, D. 2000, Does educational achievement help explain income inequality, Working Paper 208, World Institute for Development Research: Washington DC. Dasgupta, P. 1995, ‘The population problem: theory and evidence’, Journal of Economic Literature, 33: 1879-1902. Davies, J.B and J. Zhang, J. 1995, ‘Gender bias, investments in children, and bequests’, International Economics Review, 36: 795-818. De Graff, D.S, Billborrow, R.E. and Herring, A.N., 1993, ‘The implications of high fertility for children’s time use in the Philippines’, in Lloyd, C.B (ed), Fertility, family size and structure: consequences for families and children, The Population Council: New York. Dessy, S.E and Vencatachellum, D., 2003, ‘Explaining cross country differences in policy response to child labor’, Canadian Journal of Economics, 36: 1-20. Edmonds, E and C. Turk. 2003, ‘Child labor in transition in Vietnam’, in Gelewwe, P., Agrawal, N. and Dollar, D. (eds), Economic Growth, Poverty and Household Welfare: Policy Lessons from Vietnam, World Bank: Washington DC. Edmonds, E.V and N. Pavcnik. 2002, ‘Does globalisation increase child labour? evidence form Vietnam, Working Paper No.8760, National Bureau of Economic Research: Cambridge MA.

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Edmonds, E.V and N. Pavcnik. 2004, ‘International trade and child labour: cross country evidence’, Working Paper No.10317, National Bureau of Economic Research: Cambridge MA. Eswaran, M. 1996, Fertility, Literacy and the Institution of Child Labour, Manuscript, Department of Economics, University of British Columbia: Vancouver, Canada. Grootaert, C. and R. M. Kanbur, R.M. 1995, ‘Child labour: an economic perspective’, International Labour Review, 134:187-203. Grote, U, Basu, A. and Weinhold, D. 1998, Child Labor and the International Policy Debate: the Education / Child Labor Tradeoff and the Consequences of Trade Sanctions, ZEF Discussion Paper, 1, Centre for Development Research: University of Bonn. Gupta, M.R. 2002, ‘Trade sanctions, adult unemployment and the supply of child Labour: a theoretical analysis’, Development Policy Review, 20: 317-332. Haughton, D. and Haughton, J. 1998, ‘Are simple tests of son preference useful? An evaluation using data from Vietnam’, Journal of Population Economics, 11: 495-516. ILO 2002, A Future without Child Labour, International Labour Organisation: Geneva. Khanam, R. 2004, ‘Child labour and school attendance: evidence from Bangladesh’, Paper presented at the JEPA conference, Meiji University, Tokyo, Japan. Kucera, D. 2001, The effects of core worker rights on labour costs and foreign direct investment: evaluating the conventional wisdom, Discussion Paper, International Labour Organisation: Geneva. Lloyd, C.B. 1994, Investing in the next generation: The implications of high fertility at the level of the family, Research Division Working Paper No.63, The Population Council: New York. Majumdar, M. 2001, ‘Child labour as a human security problem: evidence form India’, Oxford Development Studies, 29: 279-304. Neumayer, E., and de Soysa, I. 2004, ‘Trade openness, foreign direct investment and child labour’, World Development, 33: 43-63. Ranjan, P. 1999, ‘An economic analysis of child labour’, Economics Letters, 64: 99-105. Ranjan, P. 2001, ‘Credit constraints and the phenomenon of child labor’, Journal of Development Economics, 64: 81-102. Ravallion, M. and Wodon, Q. 2000, ‘Does child labour displace schooling? evidence on behavioural responses to an enrolment subsidy’, The Economic Journal, 110: 158-175. Rosati, F. and Z. Tzannatos. 2004, ‘Child labour in Vietnam’, Pacific Economic Review. Rosenzweig, M.R. 1981. ‘Household, non household activities of youth , issues of modelling, data and estimation strategies’, in Rodgers, G. and Standing, G, (eds), Child Work, Poverty and Underdevelopment, International Labour Office: Geneva. Sharif, M. 1994, ‘Child participation, nature of work, and fertility demand: a theoretical analysis’, The Indian Economic Journal, 40: 4.

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Shelburne, R.C. 2001, ‘An explanation of the international variation in the prevalence of child labour’, World Economy, 24: 359-378. Tansel, A. 1993, School Attainment, Parental Education and Gender in cote d’Ivoire and Ghana, Yale University Press: New Haven. Weerakoon, B. 2001, ‘International instruments relating to child labour and obligations arising there from’, Seminar Series for Partners in the Judicial Process on Child Labour, Colombo: Sri Lanka. May 26. Weiner, M. 1991, The Child and the State in India: Child Labour and Education Policy in Comparative Perspective, Princeton University Press: Princeton, New Jersey.

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Chapter 3

Cumulative Causation as Explanation and Policy Base for Child Labour Geoff Bamberry

Introduction While there has been a considerable degree of agreement on the causes of child labour and the range of policies needed to deal with the problem, there has been less agreement on theoretical explanations and the theoretical underpinning of policies and practices. Of the theories put forward, most are used for studies of narrow specific issues, and are generally unsatisfactory for either explaining the existence and persistence of child labour, or for providing a theoretical underpinning of policies for its permanent eradication. A theory that appears to have the breadth to cover both explanatory and policy-making requirements, as well as the depth to explore the economic and social causes of child labour, is the theory of cumulative causation. Cumulative causation has its origins in the late nineteenth and early twentieth century writings of Veblen (1899) and Young (1928), and was expanded in the midtwentieth century by writers such as Myrdal (1944), Hirschman (1958), Kaldor (1966, 1970) and others to discuss economic growth in developing countries. It has been refined to investigate and explain a range of economic, geographic and social issues in the latter part of the twentieth century by writers whose work is cited below. A major advantage of cumulative causation is that unlike neoclassical economic theory, it incorporates social factors in explaining economic growth, stagnation or decline, as well as providing explanations for changes in, or persistence of, social attitudes and beliefs (Myrdal 1944, Skott 1990, Martin 1999). The aim in this chapter is to show how cumulative causation can be used to explain why child labour occurs in a number of developing countries in Asia, and why it persists despite legislation and programs that seek its elimination. Another aim is to show how cumulative causation can be used as the basis of policy to eliminate child labour. As well as drawing on the theoretical and descriptive literature of cumulative causation, this chapter draws upon other chapters in this book for examples from a number of Asian countries of issues, problems, policies and programs relating to child labour. The chapter begins with an overview of how the theory is based on the concept of cumulative cycles of growth and decline, a description of its focus on change, including change through invention and technical progress, and an outline of its emphasis on the influence of history on economic development. This is followed by a discussion of how child labour can be explained through the economic and

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Child Labour in South Asia

socio-economic bases of the theory. It concludes with a discussion of how political and institutional factors within the theory can be used as a basis for policies and programs to eliminate poverty and child labour. Cumulative Cycles of Growth and Decline All the contributors to this book have listed poverty, particularly extreme poverty, as the major cause for the existence and continuation of child labour in Asian developing countries. Some have drawn attention to the cumulative impact of poverty on disadvantaged groups. For example, Hasan (chapter 6, this volume) describes ‘interactive factors’ contributing to a child becoming involved in child labour and which operate to keep the child in an almost ‘irreversible’ state. He cites as an example, children becoming sex workers to escape poverty and starvation, and then caught in a trap of social stigmatisation, uncertain future employment and continuing poverty. Similarly Pinto draws attention to the cumulative effects of poverty in her comment that ‘child labour itself perpetuates poverty, since the child labourer who survives the harsh conditions becomes an unskilled, debilitated adult who is not employed, even in the industry that earlier exploited him or her.’ In cumulative causation theory, this process has been described as a vicious cycle, where the cumulative impact of the initial situation reinforces and exacerbates the situation. However, the theory also incorporates the idea that a vicious cycle can be broken by some action that stops and reverses the process to generate a positive or virtuous cycle of economic growth (Myrdal 1957). Sorensen (1993, 219), has used the cumulative causation concepts of vicious cycle of decline and virtuous cycle of growth to explain the changes that have occurred in country towns in Australia. His diagrams (Figure 3.1) show that “once a centre’s growth or decline is triggered by some event, the process will tend to be self sustaining.” He argues that this suggests that “a community’s prosperity is largely, though not totally, beyond its control” and lists the following as potential growth stimuli: • •

• • • • •

the takeover of locally owned businesses by corporate capital, or the establishment of branches of well-known chains implementation of cost-effective business techniques. Regional centres lie higher up the diffusion hierarchy, and are often the first to receive or adopt business innovations local government investment in infrastructure, as well as cultural, and tourist facilities infrastructure investment by State and Federal Governments in improved roads, railways, telecommunications the staffing of government offices the development of educational and scientific establishments migration of people from the cities to country centres seeking improved quality of life.

Cumulative Causation as Explanation and Policy Base for Child Labour

29

Sorensen (1993, 221) also lists a set of negative stimuli that can trigger the cumulative decline of a country town. The negative stimuli outlined include the following: • • • • • •

the withdrawal of public services closure of branch establishments operated by private companies a reduction in hinterland population occasioned by economic stress in the farm sector, out-migration, and loss of area served to larger places inferior local entrepreneurship or leadership, the demise of local businesses and out-migration of energetic individuals the closure of locally owned and managed businesses as demand sinks below the threshold needed to sustain them the mortality of an ageing population.

A. Virtuous Cycle of Growth

B. Vicious Cycle of Decline

Figure 3.1 Process of settlement growth and decline Source: Walmsley and Sorensen 1993, in Sorensen and Epps 1993, 220.

Focus on Change One of the key questions relating to child labour is why change has occurred to eradicate it in some countries while it has continued in others. Cumulative causation includes ideas that have the potential to explain this. The focus on the evolutionary nature of economic change in cumulative causation theory goes back more than a hundred years to the writings of Thorstein Veblen (1898), who argued that the concern in “classical economics” to achieve equilibrium between supply and demand was based on the short-term, rather than seeking to understand the influence of change

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Child Labour in South Asia

in the long term (O’Hara 1999, 130-131; Hodgson 1992). Another early exponent of cumulative causation, Young (1928), observed that “change becomes progressive and propagates itself in a cumulative way.” Myrdal (1968, 1870) argued that “over a period of time, a change in any one of a range of socio-economic conditions tends to generate change in other conditions.” These changes can occur as a result of events largely beyond the control of governments (e.g. floods and droughts), but they can also result from policy decisions. Myrdal (1968, 1870) also argued that the complexity of the process is greater if more than one primary or basic change occurs simultaneously. Primary changes generate secondary or related changes which generally operate in the same direction as the primary changes in terms of the improvement or deterioration in economic development. This process is said to continue in a circular and cumulative way, as the secondary changes in turn lead to tertiary changes, which affect other conditions in the social system. This includes the condition that experienced the primary change that set the process in motion. These changes have been referred to as chain reactions by Skott (1990, 296), who argues that the pace of chain reactions varies from time to time and from region to region. However, even a process that seems to imply frequent and significant change can be impeded by countervailing forces of stagnation (Myrdal 1968, 1871). These include time and inertia, independent counteracting changes, and counteracting changes released by development. Myrdal argues that time and inertia may be significant where a country’s attitudes, beliefs and institutions play a significant role in stopping or delaying changes. These are discussed in more detail in the section on socio-economic factors. Independent counteracting changes are described as forces working simultaneously in the opposite direction to those providing the momentum for positive change. The impact of civil unrest in Sri Lanka and Nepal are also examples of counteracting change (see chapters 9 and 11, this volume). Counteracting changes released by development, occur where secondary changes move the economic system in the opposite direction to that of a policy-induced primary change. An example of this is a new road to a previously isolated location, while opening up new opportunities, may also facilitate the movement of cheap mass-produced food and clothing into the area and undermine existing enterprises and jobs. Thus the concept of change in cumulative causation helps to explain the continuation of child labour through the operation of countervailing forces that prevent change. Invention and Technical Progress One of the key elements in the cumulative causation explanation of change that has relevance for child labour is the role of inventions and technical progress in change and economic development. Young (1928, 533) in his seminal work on cumulative causation, argued that a state of continuous change occurs in industry as a result of the internal daily operations of manufacturing enterprises. Later writers followed up this idea, describing technical change as “a very complicated process emerging from the learning activities of human beings, and the application of this

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learning activity to production” (Pasinetti 1981, 67). Pasiinetti argues that technical change involves re-organising old methods of production, making better use of new materials, improving the quality of products, inventing and applying new methods of production, producing new products, finding new resources, and discovering new sources of energy. Technical progress is said to occur as a result of “learning by using and by doing” within specialised areas (Targetti 1992, 166). Problem-solving collaboration often occurs within a firm, resulting in the development of new equipment. Argyrous (1996, 104) describes a firm that imported laser-cutting equipment to make parts for a range of industries, but through experience, began to produce the machines for its own use, and later for sale to other firms. In other cases, the collaboration occurs between clients and sub-contractors. Brusco (1989, 260) describes this relationship as being “extraordinarily rich and complex, full of reciprocal stimulation.” Thus the cumulative impact of technology on change is mainly based on in-house technology, together with “contributions from other firms and from public knowledge” (Dosi 1988, 1130). However, Kaldor (1972, 184) argued that advances in scientific knowledge are not enough to achieve technical progress, as they need to be followed up with “repeated application” to secure improvements in design. New ideas are diffused into industry, where they create new problems to be solved (Argyrous 1996). Ricoy (1988, 732) refers to this as “the accretion of experience.” Consequently, the development of new technology is an incremental and evolutionary process, depending on past developments (Argyrous and Sethi 1996). Rosenberg (1976) observed that “the influence of technology on change is much more a cumulative and self-generating process than the economist generally recognises” while Toner (2000) believes that much of the incremental impact of technical change on industry occurs as a result of its diffusion through vocational training. In industries where child labour is used extensively, invention and technical change are unlikely to occur for a number of reasons. These include the following: •

•

•

Much technical change occurs as a result of efforts to reduce labour l costs. Where child labour already holds down labour costs there is little incentive to investigate and test new technical methods. Children in child labour are unlikely to experience the collaboration and interaction with workers in other sections of the enterprise, or with subcontractors, supplies and clients that generate the type of technical progress described by Targetti (1992, 166) and Brusco (1989, 260). Similarly, enterprises using child labour are unlikely to experience the learning by using and by doing, as well as engage in the repeated application of particular engineering principles to secure improvements as described by Kaldor (1972).

Consequently, industries operating in a child labour context are unlikely to experience the incremental and evolutionary development described above. Thus the persistence of child labour contributes to the ossification of industry through the failure to generate both the technical skills of the workforce, and the development of

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Child Labour in South Asia

new capital equipment that could have a cumulative growth impact on a country’s economy. This in turn has the circular effect of denying increased job opportunities to adults that could lift them, their families and local communities out of the vicious cycle of poverty. Influence of History Cumulative causation incorporates the idea that the development path is “historically conditioned,” giving it an incremental or evolutionary character (Argyrous and Sethi 1996, Setterfield 1997). Argyrous and Sethi cite as an example of this, the situation where wars cause a major disruption to supplies, creating the development of new sources of supply. Martin (1999) too has argued that economic development tends to be “path dependent,” and that chance historical events can have long-run cumulative consequences, while Setterfield (1997) has argued that “the heritage of the past (is) the only truly given variable in the system.” De Ridder (1986, 45) applies this concept to a country’s capital endowment in his comment that “at any moment capital endowment is a product of history and not some gift of nature.” A cumulative advantage for a particular location often results from the process of economic development as it occurs over a period of time. Chandler (1990, 92) has commented on the advantages of “first movers” in particular fields of business, while Arestis and Sawyer (1993, 24) have argued that “regions which are already developed enjoy comparative advantages.” Locations that are historically the first to develop frequently gain a competitive advantage over nearby centres (Scott and Storper, 1992). This occurs because the more developed regions are able to supply the needs of other regions more competitively, causing the latter to be further weakened (Kaldor 1970). Thus the advantage gained by some locations through the influence of history results in uneven development across regions and countries (Martin 1999, Hansen 1995, Molle and Boeckhout 1995). The significance of regional disparities is discussed in more detail in the section on location. Historical influences can help explain the continuation of child labour. Just as past events (both intended and “chance historical events”) can influence the path of development in a positive way, they can also have a negative impact, either through the presence of events giving rise to disadvantage, or through the absence of developmental opportunities. For example, locations that fail to gain competitive advantage by being ‘first movers,” or fail to expand markets, increase specialisation, and establish self-sustaining industry clusters, are more likely to generate vicious cycles that lead to poverty and child labour. Similarly, locations devastated by chance events such as hurricanes, floods and earthquakes, may recover slowly, or become bypassed by developments elsewhere. Economic Factors in Cumulative Causation While both economic and socio-economic factors are included in the cumulative causation explanation of economic growth, it is the economic factors that comprise the main base of the theory. As outlined above, this includes the argument that the

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33

absence of these factors will result in economic decline or stagnation. Economic factors are therefore useful in explaining the economic bases of poverty in particular regions or countries and the continuation of child labour. These economic factors include demand, specialisation and division of labour, the role of markets, and the influence of location. Demand Cumulative causation theorists see demand as one of the most significant factors in economic growth. Where enterprises can increase the demand for their products, they can achieve economies of scale in the production process. This allows them to become more competitive, which in turn stimulates further demand and economic growth in a circular and cumulative way. As enterprises grow, they employ more people, and this further contributes to increased demand. Consumption increases as real income per head of population rises, and a greater proportion of income is spent on manufactured goods rather than on food (Young 1929, Kaldor 1966). Levels of income of workers are significant in that they determine the purchasing power of consumers, which can stimulate demand for goods in a cumulative way (Myrdal 1968). Consumption also has an impact on demand through ‘consumption complementaries,’ where an increase in demand for a particular product results in an increase in the demand for another product (Hirshman 1958, 67). The cumulative impact of increased demand on industry development, employment, the attraction of capital, government income through taxation, and the provision of public services is shown graphically in Figure 3.2 below.

IMMIGRATION OF SKILLED AND UNSKILLED MANPOWER

NEW INDUSTRY

LOCAL EMPLOYMENT GROWTH LOCAL POOL OF SKILLED LABOUR

INCREASE IN LOCAL AND INTERNATIONAL DEMAND

IMPORTATION OF CAPITAL FROM OVERSEAS

GROWTH OF EXTERNAL ECONOMIES - ANCILLARY INDUSTRY

PROVISION OF SUPERIOR PUBLIC FACILITIES, EDUCATION, CULTURAL AMENITIES

INCREASED GOVERNMENT FUNDS – TAXATION, MINING ROYALTIES: SUBSIDISING OF STATES

NEW CAPITAL ATTRACTED TO INCREASED DEMAND

EXPANSION OF LOCAL INDUSTRIES AND MINING

INCREASE IN COMMUNITY WEALTH – STATE SUBSIDIES – PUBLIC TRANSPORT – IMPROVED ACCESSIBILITY

PROFIT SHARE

Figure 3.2 A cumulative causation model of industrial growth Source: Burnley 1980, 62.

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Child Labour in South Asia

A high level of poverty in a country results in a reduced demand for goods and services, creating a stagnating or declining economy. Cumulative causation theory suggests that in these circumstances, governments need to look for ways of breaking the vicious cycle through policies that stimulate demand, and generate the cumulative growth needed to create jobs for adults and to reduce child labour. Specialisation and Division of Labour Cumulative causation theorists have argued that as enterprises grow, the production process is broken down through specialisation and division of labour into specialised divisions within the enterprises. In time, some are split off as separate enterprises to make greater economic use of specialised capital equipment and skilled labour, leading to improved economies of scale (Young 1928). This results in the creation of new enterprises and the development of linkages between vertically integrated industries in the supply chain. New enterprises tend locate their operations close to related established firms in clusters, stimulating the development of business networks, the transfer of knowledge, the growth of pools of specialised labour, and the sharing of education and training facilities (Argyrous 1993, Steen 2002). The hived-off specialised divisions often produce capital goods that are important for economic growth, because they “embody continually improving technologies, which improves the efficiency and quality of user industries” (Toner 2000, 28). These factors contribute to increasing returns to scale and improved competitiveness, making the locations of these clusters attractive to industries from outside the region (Porter 1996, Martin 1999). The continuation of child labour in many industries in developing countries greatly inhibits the specialisation and division of labour that generates cumulative growth through new firm formation. Where there is continued use of cheap and relatively unskilled child labour, there is no incentive for manufacturers to establish specialised divisions using more capital-intensive equipment, together with the employment of higher-skilled employees, that could eventually be ‘hived off’ as separate enterprises. The Role of Markets in Economic Growth Cumulative causation theorists have emphasised the importance of the expansion of markets in stimulating economic growth, but have also warned that highly uneven trading relationships can have a severe negative impact on some economies. Kaldor (1966) outlined four stages of market development, focusing particularly on the expansion of manufacturing. In the first stage, manufacturers meet the domestic demand for products, often providing a substitute for goods previously imported. While demand can increase for a time through this process, it eventually flattens out, limited by the size of the domestic market. In the second stage, manufacturers start to meet the demand from overseas markets while continuing to supply local markets. Increased demand maintains the positive cumulative process through economies of scale that allow the firm to become more competitive (Kaldor 1981, Targetti 1992). In both the first and second stages, the capital goods used for production are either

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made by the firm itself or are imported. Towards the end of this stage, domestic manufacturers develop the ability to produce the capital goods used by domestic manufacturers. In the third stage, the production of capital goods for use in the domestic market becomes firmly established. This results from increasing demand for consumer goods in the domestic and overseas markets, together with an increased demand for the capital goods needed to produce the consumer products. This in turn leads to certain manufacturers specialising in the production of capital goods, which has a further cumulative effect on the rate of economic growth. In the fourth stage of market development, the increased demand for consumer and capital goods generates a demand for capital goods in the export market as well. Kaldor (1966) points out that an economy experiences very significant growth in this stage. In recent debates it has been argued that expansion into export markets does not need to proceed through stages, and that many new firms start exporting soon after their formation, that is, these firms are “born global.” However, research has shown that most firms proceed through a series of stages, and that the less common born global firms are generally a result of a particular set of circumstances (Argyrous 1993, Wickramasekera and Bamberry 2001). Cumulative causation theory has been used to show how this process has occurred in manufacturing firms in regional Australia (Bamberry 2004). Myrdal (1957) was particularly critical of neoclassical theory in its apparent unquestioning acceptance of the view that foreign trade is mutually beneficial to countries. He pointed out that unfair terms of international trade had led to increasing inequalities, and had the potential to ‘impoverish’ some developing countries. He saw unequal trading relationships as having the potential to create cumulative growth for the developed countries, while creating vicious circles of decline in the developing countries. More recently, Wade (2005) has taken this view a step further, arguing that elements of international trade and globalisation have the potential to bring about the “failure” of nation states. These elements include north-south terms of trade, including the strategies of the more economically-dominant countries and global economic multilateral organisations, the industry location decisions of multinational corporations, and the non-diffusion of modern technology to the developing countries. The impact of globalisation is not limited to the economic, through the integration of global markets, but also extends to the ideological, through the impact of the political ideas underpinning trade. Chakravorty (2003 b) argues that ideological globalisation is likely to increase the relative disadvantage of cities and regions in the periphery, along the lines suggested in cumulative causation theory. Venables (1998) argues that neoclassical economic theory based on comparative advantage is inadequate in explaining the impact of globalisation on the location of industry and changing trade relationships, and that the impact cannot be fully explained without incorporating concepts from new economic geography and cumulative causation theory. Similarly, Skott and Auerbach (1995) argue that research data shows little evidence for the convergence of per-capita incomes across nations predicted by neoclassical economic theory. As an alternative, they suggest

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Child Labour in South Asia

an approach incorporating concepts from cumulative causation theory such as increasing returns to scale and uneven development. Kaldor (1970, 144), noted that inequalities in trade could be observed at the level of regions, similar to its operation at the national and international level. He argued that “the region that is initially more developed industrially may gain from the progressive opening of trade at the expense of the less developed region, whose development will be inhibited by it.” He believed that if it were left to market forces alone, there would be an increased tendency towards the regional concentration of industry, and an increasing disparity between industrialised and non-industrialised regions. The emphasis in cumulative causation on the role of expanding markets for manufactured goods is relevant to the child labour issue, as some developing countries appear to have been reluctant to enforce legislation prohibiting child labour because of the threat to exports that are seen as beneficial for economic growth (see chapter 8, this volume). However, while there is some short-term benefit from the income earned, the long-term benefit is questionable when unfair terms of trade “impoverish” the people as suggested by Myrdal. Governments need to monitor who really benefits from exports based on child labour. In many developed countries, lower-priced imports from developing countries are often ‘marked up’ substantially by importers and retailers who may make more from the product than the country of origin. Such a situation entrenches low wages, poor working conditions, and child labour in some developing countries. Location Factors Cumulative causation draws attention to the locational advantages resulting from specialisation, and the expansion of markets that enable some centres and regions to grow at the expense of others. This results in the development of regional disparities in terms of general economic growth, income per head of population and job opportunities. Hirschman (1959, 555) has described this process as “polarisation,” where industries become concentrated in some centres because of the benefits occurring through economies of scale. Myrdal (1957, 26) has described such locations as “growth poles.” The concentration or polarisation of industry has also been described in terms of “clustering.” Porter (1990) argues that there are four factors that contribute to industry clusters and their competitive success in international markets: availability of factors of production; sophisticated consumer preferences in domestic markets to stimulate the competitiveness of firms; linkages with related industries that share common technologies, basic inputs and intermediate goods, logistics and customers; firm strategy, structure and competition in domestic markets. These factors stimulate the innovation and competitiveness needed for success in international markets. Hanson (2003) makes similar observations, pointing out that key industries “congregate” in particular locations because of advantages such as the existence of pools of skilled labour, easy access for suppliers, faster communications and availability of transport. The drawing power of growth poles or clusters weakens surrounding centres that cannot match their advantages, and are therefore unable

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to reach a “take off” point for economic growth. It is possible for the surrounding centres to gain some benefits from the more advanced centres through what Hirschman (1959, 555) calls ‘trickling down” effects, and which Myrdal (1957, 26) calls “spread effects.” Chakravorty (2003a) has observed elements of this process in regional India in recent years. He argues, on the basis of his district-level research data involving the analysis and mapping of the concentration of five industry sectors, that there is evidence of inter-regional divergence and intra-regional convergence of the type suggested by cumulative causation theory, leading to what he refers to as “concentrated decentralisation.” Cumulative causation writers argue that inter-regional inequality of growth is therefore an inevitable concomitant of growth itself. Hirschman (1959, 555) highlights the economic inequality between regions and countries through the use of the terms “core” and “periphery,” where the core contains the industrial centres, and the periphery contains the less-industrialised areas. The concept of polarisation helps to explain the persistence of poverty, in that people living in the periphery have fewer job opportunities, lower incomes, and limited access to services (Hanson 2003). Peripheral centres are often unable to generate economic growth, and remain stagnant, creating a cumulative vicious cycle of poverty and its associated effects. Another related concept outlined by Hirschman (1959) that helps explain the existence of the poverty and child labour is “dualism.” He describes this as occurring “where the hyper-modern exists side by side with the traditional, not only in techniques of production and distribution, but also in attitudes and in ways of living and doing business.” He comments that one of the main characteristics of dualism is the development of two separate wage systems for each of the labour markets in the dual economy. Despite labour being cheaper in the traditional sector, it is generally not effective as a means of attracting industry, and restoring some balance between the core and the periphery. Even those who are able to obtain some employment find that these jobs are often in what Hirschman called “traditional” rather than “modern” industries. Their income is generally much lower than that of workers in the growth centres. The continuation of the dual labour market makes it difficult for people to escape the resulting poverty trap. Without the new firm formation resulting from specialisation and division of labour as predicted by cumulative causation theory, the locational clustering of related enterprises, also predicted by the theory, does not occur. Not only does this rob high-poverty centres of job-creating new enterprises, it also exacerbates the development of regional economic disparities that contribute towards the use of child labour. There is also less likelihood of the development of growth poles as described by Hirschman, where “trickle down” or “spread effects” can generate economic benefits for the surrounding less-developed areas. Socio-economic Factors In addition to the purely economic factors underpinning the theory of cumulative causation, socio-economic ones have also been included to explain the process. Many of these factors are difficult or impossible to incorporate into mathematical models,

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one of the reasons why they are generally neglected in neoclassical economic theory. Myrdal (1968, 1860), was critical of this neglect, commenting that “economic theory has disregarded these so-called non-economic factors and kept them outside the analysis.” He argued that socio-economic factors were “among the main vehicles for circular causation in the cumulative process of economic change” (1958, 30). Myrdal (1944) used cumulative causation not only to describe the economic situation of developing countries, but also to describe the economic and social circumstances of blacks in mid-twentieth century USA. He argued that at the time he was writing, the combination of poverty, discrimination, lack of education, low self-esteem, poor nutrition and health all reinforced one another in a circular and cumulative way to maintain the disadvantaged position of American blacks. More recently, Lyon (2004) has drawn attention to the way in which Myrdal used theoretical concepts of cumulative causation to explain the causal institutional effects of racism. The case for the inclusion of socio-economic factors was also strongly argued by Kaldor. In his study of Chile, he claimed that the main obstacles to the country’s economic development were not resource-based or technical, but political and social (Thirlwall, 1987). Skott (1990) strongly supports the inclusion of socio-economic factors by Kaldor and Myrdal, arguing that they are important in bringing about changes in attitudes, behaviours and preferences, and in influencing the rate of change in an economy. Martin (1999, 75) argues that “it is precisely the social, institutional, cultural and political embeddedness of local and regional economies that can play a key role in determining the possibilities for, or constraints on, development.” Myrdal (1968, 1862) outlined a number socio-economic conditions under the heading of “levels of living”, which, he argued, had a significant impact on economic growth. These include: • • •

quantity and quality of education and training facilities levels of health and quality of housing quantity and quality of cultural facilities.

The quantity and quality of education and training facilities have a direct impact on competencies in the workforce, as well as on research and development capacity. The health and housing conditions of a country’s working population have a major influence on their level of participation in the workforce and on their levels of output. Cultural facilities are also included as they are seen as an important contribution to the quality of life of a community. In cumulative causation theory, it is argued that these conditions contribute to “integrative growth,” which is depicted as “not merely a process of material enhancement, but is a civilising influence as well” (Jones 1995). Myrdal (1968) also argued that, just as living conditions impact on a country’s ability to sustain economic growth, so too do the “attitudes towards life and work” of the people. He provides a list of these attitudes which are often neglected in traditional economic theory: • •

levels of work discipline punctuality and orderliness

Cumulative Causation as Explanation and Policy Base for Child Labour

• • • • • •

39

beliefs and superstitions levels of alertness, adaptability and ambition general readiness for experiment and change attitudes towards manual work and co-operation attitudes towards authority attitudes towards deliberate and sustained birth control.

These factors tend to be taken for granted in most developed countries, but their absence or ‘negative’ character in some developing countries can have a major negative cumulative impact on economic growth. Skott (1990) noted these positive and negative influences, arguing that they can favour change in some economies at particular points in time, while they can act as a constraint to economic growth at other times in other economies where they are slow to change. The impact these social factors have on circular and cumulative growth are useful in explaining the presence of poverty and child labour in developing countries. Of particular significance is the issue of individual and community beliefs and attitudes. Where families face severe levels of poverty, and adult members of the family are unable to obtain employment, it is often believed that there is no alternative other than to send some of the older children to work. Cumulative causation suggests that holding such attitudes would have the negative effect of keeping the family in a state of poverty. The low income earned by children is generally not sufficient to lift families out of poverty, and the children do not gain the education and training needed to provide future job opportunities outside the traditional low-wage sector of the dual labour market. Also, as Pinto has pointed out, child labourers are usually dismissed once they become adults, forcing them to join the ranks of the unemployed. The low-level skills they have gained are often insufficient to allow them to obtain further paid employment. Hence, holding beliefs and attitudes that there are no alternatives to child labour often results in a continuation of the vicious cycle of lack of education and training, leading to unemployment and continuing poverty, which in turn can lead to children in the next generation entering child labour. Other aspects of individual and community attitudes relate to the value placed on education in general, the education of girls in particular, the status accorded to teachers, and the amount of support individuals and communities are prepared to give their schools. Where education in general is not valued highly, or where it is not regarded as necessary for girls, poor education can contribute to the vicious cycle leading to poverty and child labour. Community attitudes are particularly important in relation to the worst forms of child labour. Although governments have been signatories to ILO Convention 182, and have developed programs to eliminate the worst forms of child labour, progress has been limited. Cumulative causation theory suggests that one of the causes of this may be complacent attitudes on the part of government and the community, and that changes in attitudes may be needed to ensure real progress. This will be discussed in more detail in the section on policy. Several of the contributors to this book have commented that even where families can afford to keep their children at school, socio-economic factors such

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Child Labour in South Asia

as the availability and quality of education are important in influencing parents to encourage their children to complete their schooling, and in influencing children to want to stay at school. This includes the adequacy of the facilities, the quality of the teachers, and the appropriateness of the curriculum in meeting the current interests and future needs of the students in terms of preparation for work or preparation for further education and training. Children leaving school early for these reasons risk being caught up in the vicious cycle described above. Also, as a number of contributors have indicated, for success of programs that seek to rehabilitate children who have been involved in child labour, there needs to be appropriate education and training facilities to re-integrate these children into schools, or provide suitable alternative education and training to prepare them for future work. It is generally inappropriate to return these children to the schools they left, as the classrooms no longer meet the requirements of their age, life experiences and future needs. Access to good-quality education is therefore a significant element at several levels in contributing to breaking the vicious cycle and creating a positive one that lifts people out of poverty. Health and housing have also been included in cumulative causation as socioeconomic factors influencing development (Myrdal 1968). Lack of adequate housing and health facilities can lead to long-term poor health for families. Where parents are unable to work for health reasons, children may have to enter the workforce, and where children suffer long-term poor health, they may miss lengthy periods of schooling, and may eventually withdraw from school completely. A related health issue is that of attitudes towards birth control. Large families in low-income groups can exacerbate the problems of poverty, poor education and child labour. To sum up, the emphasis on socio-economic factors in cumulative causation as outlined above, contributes to its value as an explanatory theory for child labour and as a basis for policy. Cumulative Causation as a Basis for Policy Most of the material in the previous sections has focused on how cumulative causation can provide an explanation for the existence and continuation of child labour in developing countries. The following material seeks to show how the theory can provide a basis for policies to reduce and eliminate child labour. While it is unusual to incorporate political influences in the form of government policies as a variable in theories of economic growth, Myrdal (1968, 1864) argues within a cumulative causation framework that there is a case for doing so. He believes that policy conditions represent “induced changes” which influence most of the other variables. He goes on to say that “for the practice of planning, this implies the need for policies aimed at changing social conditions, and the futility of relying on the indirect effects of changes induced by purely economic conditions.” As Argyrous (1993, 117) points out, “where the components of an economy are interdependent, there is potential for system-wide inertia and overall stagnation that may be difficult to overcome on a sectoral basis.” This suggests that there may be a need for government intervention.

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Myrdal (1968) argued that political and institutional influences of importance for local economic development include the following: • • • • •

the level of expertise of institutions created to foster trade and employment the nature and authority of government agencies the effectiveness of government policies the standards of efficiency and integrity in public administration the extent and quality of voluntary organizations

The co-ordination role of government in planning for economic growth in developing countries was strongly emphasised by cumulative causation theorists such as Rosenstein-Roden (1957) in the 1950s and 1960s. Phillips (1967, 20) shows how institutions created to co-ordinate the development process play a significant role in a country’s economic development in the model outlined in Figure 3.3. A number of pre-conditions set the scene for reform and institution building. These give rise to needs that in turn lead to actions including problem solving, reform programs and implementation of change. The fourth element of the model comprises the “contributions” or outputs of the institutions in terms of economic and social development.

(Preconditions)

(Needs)

(Actions)

Leadership having some Commitment to Development

Daily Operations

Immediate action toward solving current problems

Contribution toward maintenance of power of existing elites

Individuals having development-oriented

Climate for Reform

Approval of policies and action programs for feasible reforms

Contribution toward better life for some of people now

Institutions able to implement changes and take lead for further reforms

Contribution toward increased capacity to provide better life in future

 Education ½ °  Training ¾and a cause  Experience ¿°

(Contributions)

Institutional Environment Outside Assistance Analysis New Ideas How-To-Do-It Pull and Push Training Support

Resources for Development

Institutional Building

Networks of Related Institutions

Contribution toward development of new leadership

Figure 3.3 Role of institutions in economic development

Political influences were incorporated into a cumulative causation model of growth and decline of country towns in Australia by Sorensen (1993), as outlined earlier in Figure 3.1. Examples mentioned by Sorensen of political action that can trigger this process in a positive way include local and central government investment in infrastructure, the provision of public services such as education, and the staffing of government offices in regional locations.

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Cumulative causation emphasises the need for planning and policymaking in economic development. This view was strongly supported in the writings of earlier theorists such as Myrdal and Rosenstein-Roden. Both argued that development should not be left to market forces and chance events, as plans, policies and programs were needed to integrate socio-economic and economic changes. Observation and analysis of cases of growth and decline led them to believe that government policy intervention was needed to break vicious cycles of decline, and to generate cumulate cycles of growth. Later writers supported this view, arguing for deliberate industry policies involving both socio-economic and economic components to generate industry clusters to stimulate economic growth. Mayhew (2001, 239) argues that government needs to be seen as “activities carried on by institutionalised personalities” on the lookout for opportunities to serve the common good. She argues that the formulation, implementation and modification of public policy (purpose) need to be undertaken within a policy analysis framework underpinned by the concepts of institutionalised personalities, human agency and cumulative causation. While there is a general consensus on this view, there are some differences of opinion on the extent to which governments should intervene in economic development. Wickham and Hanson (2002, 7) argue that “government is most successful when it stays at a distance, but is willing to provide expensive infrastructure within the scope of ‘chance’, the ideas of the entrepreneur who takes advantage of chance events, and the ‘culture’ of the region.” However, Porter (1996) argues for a more pro-active role on the part of government. He argues a case for policies for regional growth that promote specialisation, upgrading and trade among regions. He believes that cluster formation can be encouraged by providing specialised infrastructure, training facilities and institutions in locations that are beginning to experience some industry concentration. Crewe and Forster (1993) have outlined a case study of this process in Nottingham in the United Kingdom, where there has been public sector involvement in collective service provision for the lace industry. Similarly, Lorenz (1992, 202) comments that there is the potential for “political entrepreneurs” to persuade producers “that they would benefit from independently providing tangible collective goods such as apprenticeship training or collaborative research and development.” He also sees a role for public institutions in ensuring some redistribution of resources to foster economic development. Others observe that in some regional economies, public sector provision of support for training, technology, infrastructure, investment and research and development help explain the success of manufacturing industries. Matthews (2002) also supports this view, arguing that publicly-funded institutions and facilities that promote exchange between production and consumption have a significant influence on innovation in industry. Argyrous (2000) argues that government action needs to extend to creating the conditions that encourage firms to expand markets along the lines depicted in Kaldor’s four-stage model described earlier in this chapter. He argues the following: The starting point is a large domestic mass market, which ultimately is rooted in gradually improving living standards for the bulk of the population. Thus by promoting real-wage

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growth over a time-frame that allows producers to meet demand by increasing capacity, the government can expand the size of the local market. Similarly, by redistributing income in an equitable manner, the government can ensure that a greater proportion of the population can access markets from which they were previously excluded.

The view that public sector intervention in economic growth is important has also been raised in terms of local government involvement. Jones (1993) argues that local authorities can influence industry location because they have some control over land use within their areas, while Beer et al (1994, 87) have also drawn attention to “local leadership and community entrepreneurialism” as a factor influencing the regional location of manufacturing. Local authorities have also become involved in local employment programs in periods when there are high levels of unemployment, or when specific groups are over-represented among the unemployed (Bamberry and Macklin 1987). Similar observations have been made in the United Kingdom (Armstrong and Izadi 1994), in the United States (Reese 1992) and in the European Community (Keating and Jones 1994). Despite the differences in viewpoints, the overall consensus in writings with a cumulative causation orientation is that some form of government intervention is justified as a means of stimulating economic growth. The emphasis in cumulative causation on political and institutional influences on economic growth provides a basis for policy on child labour in developing countries. The theory supports many of the policies and programs currently being proposed and implemented, providing a theoretical justification for them. It also provides an explanation as to why some of those policies have not been as successful as anticipated, and it suggests how the policies might be implemented more successfully. The countries covered by contributors to this volume have generally recognised the need for government intervention, and have generated a range of plans, policies and programs. These range from broad integrated plans such as the National Policy and Plan of Action to Combat Child Labour in Pakistan (see chapter 10 , this volume), and the Ten Year Action Plan for Children in Nepal (Nepal), to the narrower, more specific policies and programs of particular government departments and agencies, as well as NGOs and international agencies such as UNICEF and the ILO. Examples of the more specific policies and programs have been outlined (see chapters 6, 8, 11 for Bangladesh, India, Sri Lanka, this volume). Despite the development of comprehensive plans and programs to eradicate child labour, several of the contributors commented on their limited success because of a number of problems. These include the lack of co-ordination across the various agencies involved, and the lack of financial and human resources for the programs, particularly staff resources, inadequate training for staff, especially those involved in regulatory roles requiring legal knowledge, and the lack of appropriate education and training facilities for children withdrawn from child labour, particularly the worst forms of child labour (see chapters 8, 9, 11, this volume). An issue raised by most contributors is the need to strengthen the institutions charged with the responsibility to enforce laws and to implement policies and programs. Concepts from cumulative causation on the role of institutions may be of value in this area.

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In some cases, this seems to indicate the need for greater commitment to change of the type described in cumulative causation theory. As Pinto points out, “the problem of child labour cannot be resolved if there is a lack of political will and enforcement.” This requires a concerted effort to break the vicious cycle of decline, and to reverse the process towards a positive cycle of improvement in socio-economic conditions. Examples of this in Pakistan and Bangladesh are the programs to implement incomegenerating schemes for poor families as part of the broader strategy to eliminate the worst forms of child labour (see chapter 6, 10, this volume). This highlights the value of cumulative causation in emphasising the need to incorporate socio-economic and political factors, in combination with economic ones, to bring about change. The problems outlined above also indicate a need for better implementation of plans and policies. A strategy based on cumulative causation theory is to take an incremental approach to change. While it is appropriate to have broadly-scoped longterm plans, there is also a need for a series of small-scale plans that are achievable in the short-term, and which have a positive cumulative impact on solving the problems associated with child labour. An example of this approach is the National Policy and Plan of Action to Combat Child Labour of Pakistan. While there are long-term objectives such as full implementation of the law on the eradication of child labour, universal primary education and expansion of social security, there are also short and medium-term objectives. The short-term objectives include awareness raising, community mobilisation, analysis of the situation and withdrawing children from the worst forms of child labour, while the medium-term ones include institutional capacity building, strengthening inspection services, and providing education and training for working children (Munir and Mangi). An incremental approach has also been suggested in Bangladesh by Hasan in his comment that “reduction of child labour should be gradual, systematic and sustainable rather than running after numbers and delivery rates, which many of the projects follow.” Similarly, in relation to India, Pinto has pointed out that “Given the economic situation, eradication of child labour is inevitably progressive” and that “in the interim, modest targets should be emphasised.” In Nepal, the long-term plan has been divided into a number of five-year plans to indicate priorities such as the elimination of the worst forms of child labour. Use of cumulative causation as a policy guide thus highlights the need for an incremental approach to change, combined with setting priorities within a range of economic, socio-economic, political and institutional areas in order to stop and reverse major economic and social problems such as child labour. Conclusion The aim of this chapter was to show how the theory of cumulative causation could be used to explain the occurrence and persistence of child labour in a number of developing countries in Asia, and how the theory could be used as a basis for policy to achieve its elimination. Although the authors of the other chapters in this book

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have not referred to cumulative causation specifically, they have referred to the cumulative effects of poverty as a major cause of child labour. The chapter began by outlining how the economy of a particular region or country can either generate a cumulative cycle of growth or a vicious cycle of decline that tend to become self-reinforcing unless there are actions or events that stop and reverse them. The theory also includes the idea that change is generally incremental or evolutionary, but can be impeded by countervailing forces of stagnation such as time and inertia, independent countervailing changes, and counteracting changes released by development. These were shown to have a negative impact on the changes needed to reduce poverty and child labour. Cumulative causation also draws attention to the positive incremental influence of invention and technical progress in change and economic development through interaction and collaboration between workers on the shop floor and with clients. This is reinforced through learning by using and through problem-solving, enabling new ideas to be gradually diffused into industry. The use of child labour was shown to reduce opportunities for this process, providing enterprises with little incentive to adopt technical change to reduce labour costs and improve productivity. It was also shown that historical events and the path-dependent nature of economic development can provide advantages to some locations while disadvantaging others. Locations that fail to gain such economic advantage are more likely to remain affected by poverty and child labour. Cumulative causation was also shown to provide an explanation for child labour through economic factors such as the influence of demand, processes of specialisation and division of labour, the operation of markets, and the influence of location. Increased demand enables firms to achieve the economies of scale needed for competitive advantage and further growth, as well as stimulating greater specialisation and division of labour leading to the hiving off of specialized activities in new enterprises. A vicious cycle of decline can occur when a lack of demand reduces the level of economic activity, lessens opportunities for job creation, and leaves many people in a state of poverty. The chapter also showed that an economy is unlikely to overcome the problems of poverty without the expansion of markets from the local and regional to national and international levels. However, developing economies can remain relatively impoverished where unfair terms of international trade, or unfavourable decisions of multinational corporations, reduce opportunities for economic growth. Cumulative causation concepts such as industry agglomeration, polarization, growth centres and industry clusters help explain why industry and other economic activity tend to become concentrated in some locations and not in others. Despite the benefits obtained by the latter centres through “spread effects” and “trickling down”, they tend to remain at an economic disadvantage, creating inequality that persists over time. This inequality between locations has been explained in terms of “core and periphery” and “dualism”. Core and periphery are mainly used to describe the unequal distribution of wealth and power at the international level, while dualism tends to be used to explain the existence of modern and traditional economic activities operating side by side in a single country, generating wealth for some while others remain in poverty.

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Socio-economic factors included in cumulative causation theory contribute to the explanation of poverty and child labour. These factors include individual and community beliefs and attitudes that lead to an acceptance of child labour, and which fail to generate the political will needed to implement and enforce legislation outlawing it. Other attitudinal constraints include individual and community values placed on education in general, and on the education of girls in particular, the status accorded to teachers, and community support for schools. Other socio-economic factors identified included the availability, affordability and quality of education, the adequacy of school facilities, the quality of teachers, and the appropriateness of the curriculum, for both normal programs, and those designed for children being rehabilitated. In addition, inadequate or inappropriate provision of health and housing were identified as contributing to poor educational and socio-economic outcomes, resulting in the continuation of poverty and child labour. The final section of the chapter showed that cumulative causation theory draws attention to the need for government intervention to achieve economic development, acting as “entrepreneurs” and taking advantage of “chance events”. Policies suggested include providing infrastructure and training facilities, supporting research and development, encouraging cluster formation, and assisting the expansion of markets. Others have argued for some redistribution of resources and incomes so that a greater proportion of the population can participate in the economy. The resulting increase in demand would lead to cumulative economic growth and, in turn, reduced poverty and child labour. An incremental or evolutionary implementation of policy is implied in cumulative causation, where short-term targets are incorporated within long-term plans, and where institutional capacity-building is promoted. To sum up, cumulative causation appears to have a number of advantages in explaining the economic and social causes of child labour, and in providing a theoretical base for policies to help in its reduction and elimination. References Arestis, P and Sawyer, MC 1974, The Elgar Companion to Radical Political Economy, Edward Elgar: Aldershot. Argyrous, G 1993, ‘Emerging exporters: an evaluation’, Journal of Australian Political Economy, 32: 106-126. Argyrous, G 1996, ‘Cumulative causation and industrial evolution: Kaldor’s four stages of industrialisation as an evolutionary model’, Journal of Economic Issues, 30:1-23. Argyrous, G 2000, ‘The high road and the low road to international trade: emerging exporters re-visited’, Journal of Australian Political Economy, 45: 46-67. Argyrous, G and Sethi, R 1996, ‘The theory of evolution and the evolution of theory: Veblen’s methodology in contemporary perspective’, Cambridge Journal of Economics, 20: 475-495.

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Armstrong, H and Izadi, H 1994, ‘The evolution of the economic development initiatives of nonmetropolitan district councils in England and Wales, 1980-1992’, International Regional Science Review, 17: 1-21. Bamberry, G. 2004, ‘Internationalisation and regional development’, in Hodgkinson, A (ed), Proceedings of the Annual Conference of the Australia and New Zealand Regional Science Association International, University of Woollongong, Wollongong. Bamberry, G and Macklin, R 1987, ‘Local government involvement in employment development’, Paper Presented at a Symposium of the Centre for the Study of Work, Riverina-Murray Institute of Higher Education, Wagga Wagga. Beer, A, Bolam, A and Maud, A 1994, Beyond the Capitals: Urban Growth in Regional Australia, Commonwealth Department of Housing and Regional Development: Canberra. Brusco, S 1989, ‘A Policy for industrial districts’, in Goodman, E and Bamford, J (eds), Small Firms and Industrial Districts in Italy, Routledge: London. Burnley, I 1980, The Australian Urban System: Growth, Change and Differentiation, Longman Cheshire: Melbourne. Chakravorty, S 2003a, ‘Industrial location in post-reform India: patterns of interregional divergence and intra-regional convergence’, The Journal of Development Studies, 40: 120. Chakravorty, S 2003b, ‘Urban development in the global periphery: the consequences of economic and ideological globalization’, The Annals of Regional Science, 37: 357. Chandler, A 1990, Scale and Scope: The Dynamics of Industrial Capitalism, Harvard University Press: Cambridge, Mass. Crewe, L and Forster, Z 1993, ‘A canute policy fighting economics? local economic policy in an industrial district: the case of Nottingham’s lace market’, Policy and Politics, 21: 275-287. De Ridder, J 1986, ‘Cumulative causation versus comparative advantage’, Journal of Australian Political Economy, 20: 44-48. Dosi, G 1988, ‘Sources, procedures and microeconomic effects of innovation’, Journal of Economic Literature, 26: 1120-1171. Hansen, N 1995, ‘Addressing regional disparity and equity objectives through regional policies: a sceptical perspective’, Papers in Regional Science, 74: 89104. Hanson, L. 2003, ’Regions need cohesive plan to curry growth’, The Business Press, May 12, p. 27. Hirschman, AO 1958, The Strategy of Economic Development, Yale University Press: NewHaven. Hirschman, AO 1959, ‘Investment policies and ‘dualism’ in under-developed countries’, American Economic Review, 47: 550-570. Ho, P.S and Schneider, G. 2002, ‘African drama: Myrdal and progressive institutional change in South Africa’, Journal of Economic Issues, 36: 507. Hodgson, GM 1992, ‘Thorstein Veblen and post-Darwinian economics’, Cambridge Journal of Economics, 16: 285.

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Jones, E 1993, ‘Economic language, propaganda and dissent’, in Rees, S, Rodley, G and Stilwell, F (eds) Beyond the Market: Alternatives to Economic Rationalism, Pluto Press: Sydney. Jones, E 1995, ‘The neglected spirit of reform’, in Argyrous, G and S.F (eds), Economics as a Social Science: Readings in Political Economy, Pluto Press: Sydney. Kaldor, N 1966, ‘Causes of the Slow Rate of Economic Growth in the United Kingdom’, in Further Essays on Economic Theory, Holmes & Meyer: New York, 1978. Kaldor, N 1970, ‘The Case for Regional Policies’, in Further Essays on Economic Theory , Holmes & Meier: New York, 1978. Kaldor, N 1972, ‘Advanced technology in a strategy of development’, in Further Essays on Applied Economics, Holmes and Meier Publishers: New York, 1978. Keating, M and Jones, B, 1994, Regions in the European Community, 2nd edn, Clarendon Press: Oxford. Lorenz, E 1992, ‘Trust, community and co-operation: toward a theory of industrial districts’, in Storper, M and Scott, A (eds), Pathways to Industrialization and Regional Development, Routledge: London. Lyon, ES 2004, ‘Researching race relations: Myrdal’s American dilemma from a methodological perspective’, Acta Sociologica, 47: 203. Malecki, E 1983, ‘Technology and regional development: a survey’, International Regional Science Review, 8: 89-125. Martin, R 1999, ‘The new ‘geographical turn’ in economics: some critical reflections’, Cambridge Journal of Economics, 23: 65-91. Matthews, J 2002, ‘Clusters of innovative firms: absorptive capacity in larger networks’, Proceedings of the Sixteenth ANZAM Conference, La Trobe University, Melbourne. Mayhew, A 2001, ‘Human agency, cumulative causation, and the state: remarks upon receiving the Veblen-Commons award’, Journal of Economic Issues, 35: 239. Molle, W and Boeckhout, S 1995, ‘Economic disparity under conditions of integration - a long-term view of the European case’, Papers in Regional Science, 74:105-123. Myrdal, G 1944, An American Dilemma: The Negro Problem and Modern Democracy, Pantheon: New York. Myrdal, G 1968, Asian Drama: An Inquiry into the Poverty of Nations, Pantheon: New York. Myrdal, G 1957, Economic Theory and Underdeveloped Regions, Duckworth: London. O’Hara, P 1999, ‘How can economics be an institutional-evolutionary science?’, Journal of Economic and Social Policy, 4: 127-143. Owen, L. 1993, Business Growth and Export Development: Issues for Firms in Rural Areas, The Rural Development Centre, UNE, Armidale. Pasinetti, L 1981, Structural Change and Economic Growth, Cambridge University Press: Cambridge. Peukert, H 2001, ‘On the Origins of Modern Evolutionary Economics: The Veblen Legend after 100 years’, Journal of Economic Issues, 35: 543.

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Phillips, HS 1967, Guide for Development: Institution Building and Reform, Praeger, New York. Porter, M 1996, ‘Competitive Advantage, Agglomeration Economics, and Regional Policy’, International Regional Science Review, 19: 85-94. Reese, LA 1992, ‘Explaining the Extent of Local Economic Development Activity: Evidence from Canadian Cities’, Environment and Planning: Government and Policy, 10:105-120. Ricoy, C 1988, ‘Cumulative Causation’, in Eatwell, J, Milgate, M, and Newman, P (eds), The New Palgrave: A Dictionary of Economics, Macmillan: London. Rosenberg, N 1976, Perspectives on Technology, Cambridge University Press: Cambridge. Rosenstein-Rodan, P 1957, ‘Notes on the Theory of the Big Push’, in Eatwell, J, Milgate, M and Newman, P (eds), Economic Development in Latin America, Macmillan: London, 1963. Scott, AJ and Storper, M 1992, ‘Industrialization and Regional Development’, in Storper, M and Scott, AJ (eds), Pathways to Industrialization and Regional Development, Routledge: London. Setterfield, M 1997, ‘History vs Equilibrium and the Theory of Economic Growth’, Cambridge Journal of Economics, 21:365-378. Skott, P 1990, ‘Vicious Circles and Cumulative Causation’, in Arestis, P and Kitromilides, Y (eds), Theory and Policy in Political Economy: Essays in Pricing, Distribution and Growth, Gower: Aldershot. Skott, P and Auerbach, P 1995, ‘Cumulative Causation and the “New” Theories of Economic Growth’, Journal of Post Keynesian Economics, 17: 381. Sorensen, A 1993, ‘The Future of the Country Town: Strategies for Local Economic Development’, in Sorensen, A and Epps, R (eds), Prospects and Policies for Rural Australia, Longman Cheshire: Melbourne. Sorensen, A and Epps, R (eds), 1993, Prospects and Policies for Rural Australia, Cheshire: Melbourne. Steen, F 2002, ‘Vertical industry linkages: sources of productivity gains and cumulative causation?’, Review of Industrial Organization, 21: 3. Targetti, F 1992, Nicholas Kaldor, the Economics and Politics of Capitalism as a Dynamic System, Oxford University Press: Oxford. Targetti, F and Thirlwall, A.P (eds). 1981, Further Essays on Economic Theory and Policy: Nicholas Kaldor, Duckworth: London, 1989. Thirlwall, A 1987, Nicholas Kaldor, Wheatsheaf Books. Toner, P 1998, Main Currents in the Theory of Circular and Cumulative Causation: the Dynamics of Growth and Development, St Martin’s Press: New York. Toner, P 2000, ‘Manufacturing industry in the Australian economy’, Journal of Australian Political Economy, 45: 18-45. Veblen, T 1898, ‘Why is economics not an evolutionary science?’, Quarterly Journal of Economics, 12: 373-397. Venables, AJ 1998, ‘The assessment: trade and location’, Oxford Review of Economic Policy, 14: 1. Wade, R 2005, ‘Failing states and cumulative causation in the world system’, International Political Science Review, 26: 17.

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Walmsley, D and Sorensen, A. 1993, Contemporary Australia: Explorations in Economy, Society and Geography, 2nd edn, Longman Cheshire: Melbourne. Wickham, M and Hanson, D 2000, ‘Industrial clustering in regional Australia: the role of chance, entrepreneurs and government in the Tasmanian light ship industry’, Proceedings of the Sixteenth ANZAM Conference, La Trobe University, Melbourne. Wickramasekera, R and Bamberry, G 2001, ‘Austalian Wineries: Factors Perceived to Enhance or Inhibit Export Market Expansion’, in Gray, SJ, McCaughey, SL and Purcell, W.R. (eds), Asia Pacific Issues in International Business, Edward Elgar: Cheltenham, UK. Wickramasekera, R and Bamberry, G 2003, ‘Exploration of born globals/international new ventures: some evidence from the Australian wine industry’, Australasian Journal of Regional Studies, 9: 207-220. Young, A 1928, ‘Increasing returns and economic progress’, Economic Journal, 38: 527-542. Young, A 1929, ‘Big Business: How the Economic System Grows and Evolves Like a Living Organism’, in The Book of Popular Science Vol. 15, New York.

Chapter 4

Child Labour: An Integrated Approach Manohar Pawar

Introduction The main objectives of this paper are to discuss (a) the current global trends in child labour, both in terms of the concept and extent of the problem; (b) strategies to deal with the child labour issue and their limitations; and (c) develop an integrated approach to effectively reduce child labour and provide support services to children to free themselves from child labour, particularly the worst forms of child labour. This chapter also aims to raise awareness of the complex child labour issue in order to mobilise necessary resources and create conditions for children to realise their human potential. My own life experience of child labour in a number of farm activities and domestic work is illuminating. Access to safe drinking water and water for other domestic purposes was a serious problem in my village and a few times I was placed in a metal bucket tied to a rope and sent down inside the well by slowly sliding the rope on a water fetching wheel fixed to the wall of the well. With great anxiety I reached the bottom of the well, scooped water directly from water springs and at the end I was pulled up from the well. As a child I used to fetch heavy loads of water on my shoulder from long distances, from deep wells that were difficult and risky to enter and climb. I did this type of work even a day before my final examination of the seventh year. In a recent UNICEF (2005) working children survey, a fourteen-yearold girl commented: “When there are major exams we should not have to work.” I can very well relate to this comment as normally acceptable child work can easily turn to child labour at its extremes due to either ignorance or deliberate action. I have also transported the annual harvest in my farm on my bicycle but while crossing a railway track I lost balance of the bicycle, which turned down on the train track. With growing anxiety I concentrated all my energy to pull the bicycle off the track when the train was approaching though I could not lift it. The train passed the crossing and I was well relieved from this dramatic event. With this Now, with exposure to the child labour issue, I reflect and ask myself, the kind of work I did as a child: Was it child labour? Was it dangerous and hazardous? Did it deny my human rights as a child? If I were not given child work/labour, which I did, whether I would have turned out to be a more knowledgeable and skilled person, a better career achiever and a better resource for society? These questions keep echoing in my mind, though I do not have specific and precise answers to them.

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Such is the phenomenon of child work and child labour which we cannot precisely define, measure, count and cannot effectively prevent. Yet millions of children experience it in their life on a daily basis. Those who are concerned about the issue often feel helpless that we as a global society are not able to make significant progress towards eradicating and preventing child labour. Definitions of child labour Over the years, UNICEF and International Labour Organization (ILO) along with other organisations have made significant progress in defining and clarifying the concept of child work, child labour and worst forms of child labour. According to UNICEF, child work is children’s or adolescents’ participation in work and economic activity that does not negatively affect their health and development or interfere with their education. The concept of child labour is based on the Minimum Age Convention (ILO Convention 138, adopted in 1973). Under the ILO convention No. 138, light work that does not interfere with education is permitted from the age of twelve years. A further development was the Worst Forms of Child Labour Convention (ILO Convention 182). Although the Convention 138 states that the minimum age for employment should not be less than fifteen years, it provides discretion for developing countries to opt for a minimum age of fourteen, but not on a permanent basis. The convention also makes provision for children aged thirteen and fourteen (or aged twelve and thirteen in countries where fourteen is the minimum age for fulltime employment) to be employed in light work. It also has provisions to prohibit children under eighteen from being involved in dangerous work without necessary training. Importantly governments are required to specify which types of work are permitted as light work, including hours and conditions. Although adopted in 1973, it came into force in 1976 and at end of 2004, only 135 countries had ratified and agreed to enforce it in the respective countries. However, as the convention allows, the minimum age for employment varied in these countries. It was 14 in 42 countries, 15 in 59 countries and 16 in 30 countries. Despite the ratification by 135 countries and several state legislations and regulations to implement the minimum age for work/employment, over a period of two decades, the growing child labour issue has become a persistent local and global problem. As millions of children below the minimum age were working full-time, the ILO developed and adopted The Worst Forms of Child Labour Convention in 182 in 1999. This Convention looks at the circumstances in which children of any age should not be working, as well as identifies the steps for governments to take to eliminate the “worst forms” of child labour. The “worst forms” include children of any age below 18 who are involved in forms of slavery and forced labour, including forced recruitment for use in armed conflicts, commercial sexual exploitation (prostitution or pornography), illicit activities particularly the production or trafficking in drugs, and hazardous work that jeopardises their lives, health or morals. With the exception of hazardous work, these “worst forms” are defined by other conventions and are consequently referred to as “unconditional worst forms” (UNICEF 2005).

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The ILO listed the following criteria for each country to identify the types of work regarded as “hazardous” work that might expose children to: • • • •

Physical, psychological or sexual abuse; Work underground, under water, at dangerous heights or in confined spaces; Work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; and Work in an unhealthy environment which would expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations which might damage their health.

This ILO new convention (No. 182) has both broadened and narrowed the concept of child labour. It has broadened because, now the meaning of child labour is not restricted to the minimum working age of fourteen or fifteen but extends to all children below eighteen years of age. It appears to have narrowed down because it excludes those working children who are not exposed to harm at work, including physical and sexual abuse, and have not been deprived of basic rights. In other words, the new definition of child labour is restricted only to those children who are exposed to harm at work and physical or sexual abuse, and work that deprives children of their basic rights. It is important to note that although the new ILO Convention appears progressive as it aims to capture and deal with emerging issues encountered by children at an increasing rate, it seems to legitimise work/employment for children. This approach has many consequences and requires new thinking. Rights of the child My professional career as social work educator, researcher and practitioner has inculcated a keen interest in the issues relating to welfare of children. While I was working for a UNICEF sponsored project relating to the Juvenile Service Bureau, I initiated a modest campaign to promote the rights of the child. I had designed and published a greeting card entitled, Care for Children by Protecting their Rights. The card included important rights of the children as follows. Every child has the right to: • • • • • • • • •

life (Article 6). be cared for by his or her parents (Article 7). freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds (Article 13). freedom of thought, conscience and religion (Article 14). freedom of association and to freedom of peaceful assembly (Article 15). the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health (Article 24). education (Article 28). rest and leisure to encourage in play and recreational activities (Article 31). be protected from economic exploitation and hazardous work (Article 32).

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•

•

Every child alleged as, accused of, or recognised as having infringed the penal law has the right to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth (Article 40). (UN Convention on the Rights of the Child 1989).

Many of these rights of the child are blatantly violated in every country whether it is through child labour or the worst forms of child labour. Although most of these rights are relevant to the child labour issue, recent UNICEF (2005) report points out Article 28 and 32 as directly applicable. Article 32 commits governments to recognise: … 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.

Further, Article 32 describes the measures governments must take to implement this right namely: a. Provide for a minimum age or minimum ages for admission to employment; b. Provide for appropriate regulation of the hours and conditions of employment; and c. Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article. As stated above, Article 28 guarantees every child’s right to education and underscores the equal opportunity clause for all children to have access to education. The article requires governments to make primary education compulsory and available free to all children; encourage the development of secondary education, including general and vocational education, and to make these available and accessible to all children; and take measures to encourage regular school attendance and to reduce drop-out rates. It is extraordinarily noteworthy that the UN Convention on the Rights of the Child has been signed and ratified by all countries in the world except Somalia and the United States of America. Notwithstanding the universal ratification of the Convention, UNICEF (2005) reports that many countries have not developed appropriate regulations relating to the hours and conditions of employment and also not developed necessary infrastructure and mechanisms to enforce Article 28, though many have specified the minimum age for work. Thus it is hardly surprising that child labour figures run into millions in most parts of the world. The extent of child labour Recent ILO (2002) estimates suggest that more than 350 million children, aged from five to seventeen, are at work. Table 4.1 shows the different categories and incidence of child labour. Table 4.1 shows that altogether 180 million children are involved in the worst forms of child labour. The UNICEF report shows that of these, more than

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170 million are engaged in work that is hazardous, posing health risk and, in some cases, even threatening their lives.

Table 4.1 Total estimates of working children (in millions) Nature of child labour Reasonable jobs Worst forms Total – 5 to 18 years

Under the age of 15

Above the age of 15

Total

91 120+ 211

80 60 140

171 180 351

It is disturbing to note that a significant proportion of child labour between 5 and 11 years and the report stated that many of these were not even paid for their services. The ILO’s regional analysis showed that in terms of aggregate figures Asia had 60 per cent of the world’s working children. The percentage distribution of the incidence of child labour shows that 41 percent of children work in Africa, followed by 21 per cent in Asia and 17 percent in Latin America and the Caribbean. The regional distribution of 211 million working children between 5 and 14 years is seen in Figure 4.1. Although these figures are alarming, UNICEF report states that “Most of the world’s 211 million children under fifteen who work and still live at home and work there or on a family farm, are in relatively little danger.”

Figure 4.1 Child work worldwide Source: ILO 2002 and UNICEF 2005.

Nature and causes of child labour The fundamental nature of the child labour problem, in whatever circumstances, is children’s vulnerability in all respects: social, psychological, physical, emotional,

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economic, power, resources, etc. According to the UNDP (1997), vulnerability has two faces: external exposure to shocks, stress and risk; and internal defencelessness, a lack of means to cope without suffering damaging loss. Almost all children who are subjected to child labour and particularly worst forms of child labour are exposed to shocks, stress and risk and suffer significant damage, in many cases beyond normal recovery. The second fundamental nature of the child labour problem is exploitation by employers who extract unacceptable labour from children. Why do some people, cultures, societies, organizations and institutions exploit their own as well as other people, including children? Is exploitation an innate quality of all human beings? Or do capitalistic oriented societal structures or specific cultures systematically breed the character of exploitation that will germinate in some individuals, organizations and cultures and do not in others? It appears that more vulnerability leads to more exploitation and more exploitation leads to more vulnerability, a vicious circle. But, what are the motivations of exploiters? Is it psychological/emotional gain? Financial/economic gain? social or cultural gain? or is it sheer love for labour? A look at the exploitation of children’s vulnerability shows that a great majority of children are engaged in agriculture related activities in rural areas. Millions of children are engaged in the informal sectors that include small workshops, small cottage industries, home based manufacturing units, sub-contracted piece-rate work from industries and other types of work without any shape or form such as rag picking and similar activities by street children. Many children help parents in their home, though in some situations the nature of work may be hazardous. A large number of young girls as well as boys work as domestic servants and often remain invisible and vulnerable for physical and sexual abuse. A significant number of children work as bonded labour, away from home, which is almost like slavery. Many children, particularly girls are kidnapped or enticed and sold for commercial sexual purposes. Millions of children also undertake work that is hazardous and risky such as mining, carpet making, working with dangerous chemicals and substances, and in extreme heat or cold conditions. Thousands of children are also recruited as soldiers who fight under duress. Children are used for illicit activities, particularly; drug trafficking, peddling, begging, and house breaking. The reasons for children’s involvement in these child labour activities, particularly worst forms of child labour are varied and many, complex and intertwined. To prevent child labour, an understanding of causes is necessary. There are two approaches to understanding the causes of child labour. UNICEF (2005) has analysed the causes in terms of push or supply factors and pull or demand factors (Figure 4.2). Extreme poverty, family breakdowns, health issues and disasters, and deep rooted cultural practices that lead to gender biases, biased attitudes and discrimination of certain groups appear to push children to undertake any type of work. On the other hand, the world of work (employers and other unscrupulous people) seems to pull children because they are very cheap and obedient, can be easily exploited, do certain things more efficiently and effectively which adults fail to do (e.g. Nimble fingers). There are no laws or inadequate laws which are poorly enforced and children do not have easy access to education due to several reasons, including poor infrastructure.

Child Labour: An Integrated Approach

PUSH FACTORS poverty family breakdown disasters cultural practices purchasing ability

Child labour

57

PULL FACTORS cheap and obedient labour nimble fingers absence or inadequate laws

Figure 4.2 Push/supply and pull/demand factors of child labour

The second approach to analyse the causes of child labour is to delineate the causes in terms of immediate, underlying and structural levels (ILO 2002). This way of analysing the causes is important as it helps us to go beyond symptoms or superfluous causes and look at structural issues at both global and local levels. Further it may also help us devise strategies at those levels in an integrated manner. The ILO (2002) has categorised some of the causes at these three levels, which are self explanatory (Table 4.2 ).

Table 4.2 Levels of causality for child labour Immediate causes

Underlying causes

Structural or root causes

Limited or no cash or food stocks; Increase in price of basic goods Family indebtedness

Breakdown of extended family and informal Social protection systems Uneducated parents; high fertility rates Cultural expectations regarding children, work and education

Low/declining national income; extreme unequal distribution of Resources Inequalities between nations and regions; adverse terms of trade Societal shocks, e.g. war, financial and economic crises, transition, HIV/AIDS

Discriminatory attitudes based on gender, caste, ethnicity, national origin, etc.

Insufficient financial or political commitment for education, basic services and social protection; “bad” governance; deep rooted cultural practices Capitalist oriented societies; social exclusion of marginal groups and/or lack of legislation and/or effective enforcement Lack of decent work for adults

Household shocks, e.g. death or illness of income earner, crop failure No schools; or schools of poor quality or irrelevant

Demand for cheap labour in informal micro-enterprises

Perceived poverty: desire for consumer goods and better living standards

Family business or farm cannot afford hired labour

Sense of obligation of children to their families, and of “rich” people to the “poor”

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Child Labour in South Asia

Immediate causes are those causes which are apparent to the naked eye and appear as mere symptoms. Underlying causes are confined to parents, family, culture and their relative poverty. Structural level causes appear to be much more boarder and complex and offer explanations for underlying and immediate causes. It is important to realize that there are important interconnections among the three levels of causes. The push and pull factor approach appear to capture only immediate and underlying causes and does not cover structural causes. With such an understanding of causes, the child labour issue cannot be addressed effectively. Poverty and consequent low levels of development are often considered as mother of many social ills, including child labour. It is important to note that poverty can lead to child labour, but poverty may not directly cause child labour. If this is the case, the extent of child labour will be very high as one fifth of the population is below the poverty line. However, poverty alleviation and eradication can lead to reduction of child labour. Unless we address such structural or root causes along with other levels of causes, the child labour problem cannot be significantly reduced and ultimately eliminated. Despite highest development levels, children are involved in worst forms of child labour such as prostitution, child pornography, illicit activities, and working outside normal hours. Beyond poverty and development, we also must address deep rooted cultural practices, exploitation and gender biases. The ILO (2002) concludes that: There are many interlinked explanations for child labour. No single factor can fully explain its persistence and, in some cases, its growth. The way in which different causes, at different levels, interact with each other ultimately determines whether or not an individual child becomes a child labourer.

Current strategies and programs Several strategies and programs in combination and coordination (at least in theory) have been employed to reduce and eliminate the problem of child labour. The most prominent among them are legal policy and advocacy, education, poverty alleviation, protection and rehabilitation, monitoring and participation strategies. Legal strategies broadly involve international and national level strategies. International agencies such as the United Nations (ILO, UNICEF, etc) and international non-governmental organisations have facilitated the development of broad guidelines through conventions as discussed earlier and advocated member nations to ratify those conventions. By 2004, 150 countries had ratified ILO convention 182. Through this process national governments have been obligated to develop necessary laws, regulations, policies and implementation mechanisms to reduce and eliminate child labour. A number of governments have enacted necessary laws to stop child labour below a minimum age and worst forms of child labour. As experience suggests, children can be prevented from entering into and recovered from child labour, through effective education programs. The UNICEF has been emphasising on all children’s regular participation in schools. Depending upon resources many countries have made provisions for free and compulsory

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education at certain levels (primary or secondary). Those governments which have not introduced this provision need to adopt this strategy. Poverty alleviation and development strategies have been/are being tried to help improve overall living standards and address underlying and structural causes of child labour. In many instances external aid is based only on evidence of developing countries making appropriate provisions for poverty alleviation. Those children who cannot afford to go to school and those who are engaged in child labour need to be supported by providing both financial and material aid (scholarships, textbooks, food programs, etc), not only to children but also to parents and families so that they can withdraw child labour from deleterious work and continue schooling. Social protection and rehabilitation strategies, which are so crucial, have been tried with varied local regional implementation and with different degrees of success. Due to international pressure (e.g., boycott of goods manufactured by child labour, trade sanctions) when child labour laws were implemented, thousands of children immediately lost income and became more vulnerable (e.g., in Bangladesh and Morocco). Such children were supported by UNICEF and other agencies by providing reasonable alternatives (school, vocational training, etc). Thus it is important to have clearly developed monitoring strategies and programs whenever and wherever interventions are made to stop existing child labour. The last but not least are participatory strategies. UNICEF and the rights of the child emphasise that it is important to listen to views of children on matters that affect them and consider them while developing policies and programs. Thus participatory strategies are important as they enhance the involvement of children in their affairs. Cox and Pawar (2006) have categorised current child labour strategies and programs into indirect strategies that focus on legislation, education and poverty alleviation, and direct strategies that focus on working with situations where children are employed as child labourers. To bring about all-round improvements for children, UNICEF has been emphasising a broad strategy known as “creating a protective environment” that includes government commitment, legislation, raising community awareness and addressing attitudes, facilitating open discussion, developing children’s life skills, providing essential and rehabilitation services, and monitoring and reporting. In this fast globalizing world, the degree of success of those strategies remains a moot question. Limitations and issues relating to child labour strategies and programs Although the current child labour strategies and programs have been developed after considerable thought and deliberation both at national and international levels and are necessary, they have operational limitations locally and globally. Child labour laws and regulations are essentially part of the social legislation, which encounter a number of difficulties in implementation. There are a number of social legislations which mostly remain on paper as majority of people implicitly or explicitly do not support them and some people are against them because such laws affect their self-interest. Child labour laws are a case in point. For example, a legal minimum age has been set for full-time employment in more than 130 of the world’s 194

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countries (UNICEF 2005). A good piece of legislation is meaningless if it cannot be implemented. Although international conventions are well intended and expectations from ratified countries are reasonable, many countries have not yet enacted child labour laws and regulations. Wherever they have been enacted, many countries have not provided effective mechanisms to implement them. Where implementation systems are put in place, corrupt practices have weakened the system. There is no alternative to or a substitute for universal and compulsory education for all children of the world, particularly girls as they are often discriminated due to cultural prejudices and attitudes. Yet we see significant variations in educational infrastructure and quality of education within developed and developing nations in terms of rural and urban disparity and across nations. Why some countries can meet universal and compulsory free primary education and others cannot is essentially a global structural question. Poverty alleviation and development strategies also have similar issues. Global wealth and resources seem to flow in a linear direction making some nations rich and others poor. Even if some countries are developing there are significant gaps between developed and developing nations (For example, free trade arrangements between or among group of countries, the World Bank structural adjustment packages, poor countries debt crises, etc). The current poverty alleviation strategies and programs, particularly relating to child labour, do not address these and similar global structural issues. Equally, UNICEF’s ‘creating a protective environment’ strategy has not addressed these global structural issues. Although every child, human being, and citizen, of this globe deserves the minimum social protection and rehabilitation when faced with crises, some countries have made provisions for it and others do not because their resource endowments are inadequate. In some countries where there are well developed social protection measures, they are inadequately implemented due to corruption and governance issues. Without providing minimum social protection to every citizen of the world, it is hard to achieve significant reduction in and elimination of child labour worldwide. Through monitoring programs, UNICEF and other agencies’ provide scholarships, clothes and food to children freed from exploitative employers but it is often offered as a reactive measure on a piecemeal basis. All children need such support uniformly throughout the globe. Participatory strategies and programs are required to eradicate child labour. However, some children’s views may be contrary to child labour laws, conventions and the rights. For example, a ten-year-old boy street vendor in Lesotho stated: “It would not be right to restrict children from working because they would not get money.” (cited from UNICEF, 2005). Although there are a number of strategies to address push factors, strategies to address pull or demand factors appear to be missing. For example, strategies to work with unscrupulous employers are very much needed. Some people support child labour preventive measures but they themselves employ children. Although value and ethical dimensions are built into rights, there seem to be no specific strategy to strengthen values and ethical practices. Eliminating worst forms of child labour need to be backed by value and ethical dimensions.

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An integrated approach to child labour The above limitations and issues relating to the current child labour strategies and programs call for an integrated approach. The integrated approach proposed here is drawn from Cox and Pawar’s (2006) integrated perspectives approach that uniquely combines global, human rights, ecological and social development perspectives. Cox and Pawar (2006) have discussed several dimensions in each of these perspectives and how these perspectives are interconnected and interact with each other. They are of the view that such an approach can and needs to be employed to address issues such as child labour. The integrated perspectives approach is useful to analyse issues and develop adequate responses to deal with them. The essence of the global perspective is that all children belong to one united globe and they all need to be treated equally by respecting diversity among them across different cultures, nations and regions. From this perspective, it is not acceptable to have some children starving for food and basic necessities in some parts of the world, while in other parts of the world they enjoy abundance and perhaps waste resources. Global perspectives also help raise and address global and national structural issues such as growing disparity between developed and developing nations, unequal income levels, and the concentration of the globe’s wealth and resources in a few countries. Through the global perspective, global structures and globalisation processes need to be appropriately linked to national structures so as to ensure that world trade arrangements and structural adjustment packages are equally beneficial to all countries involved. With such an approach poverty can be significantly reduced and nearly eliminated in all countries. There appears to be adequate resources to achieve that. Through such an approach, existential and developmental needs of all children can be met without much difficulty. As development levels of nations significantly reduce some types of child labour, the global perspective helps to work towards one united developed globe eliminating the divide between developing and developed nations so as to see children as citizens of one world. The human rights perspective contributes to and draws from the other three perspectives. It is essentially based on human rights values and principles (UNICEF 2001). Every child needs to be treated with human dignity and worth. If child labour demeans the child’s dignity and worth, the human rights perspective provides moral and ethical strength to attack child labour, particularly the worst forms of child labour. In addition to human rights, this perspective includes the Minimum Age Convention, the Worst Forms of Child Labour Convention and UN Convention on the Rights of the Child, which as stated earlier have been ratified by all countries except two. By combining the strength of all the four perspectives in an integrated manner, these children’s rights need to be uniformly enforced in all countries as they are obliged to do so and they are universally applicable. The ecological perspective symbolises the unique, harmonious, spiritual and universal relationship between humans and nature. Children are part of this nurturing relationship with nature. Ecologically the globe is united, thus there is unity or oneness between humankind and nature. Growing ecological degradation and disasters, poverty levels and displacement of people, including children are closely connected. Unsustainable economic growth, unequal and unbalanced development

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patterns need to be halted to protect not only present generations but also future generations. There are many development activities that have direct implications for basic necessities such as safe and adequate drinking water. Many children actively engage in child labour just to meet their basic survival needs. However, nature has adequate resources to everyone if we live in harmony with it and share resources appropriately. Thus global development must occur by incorporating human rights, respecting the ecology and providing resources for global social development. The social development approach to the child labour problem suggests that the problem needs to be approached with participatory and empowering values, by synthesising multi-dimensions and by addressing multi levels. Intervention strategies to be planned and implemented in a proactive manner to anticipate and prevent child labour situations. This approach also helps to deal with the issue from economic, social, cultural, political, ecological, global and spiritual dimensions in an integrated manner. Further, it includes social structures, relations, processes and values relating to child labour. Directly drawing from the other three perspectives, the social development perspective in an integrated manner is implemented at local, regional national and global levels covering individuals, families and communities. Such an integrated approach is the need of the hour as ILO (2002) in its conclusion states: “Child labour is a stubborn problem that, even if overcome in certain places or sectors, will seek out opportunities to reappear in new and often unanticipated ways.” The implementation of the integrated approach combining the four perspectives gives rise to hope for a future without child labour. Concluding remarks The phrase, ‘child labour’ is so indignant that no child of this globe deserves child labour and no parents deserve fruits of such child labour. Every responsible parent(s), despite having inadequate resources, would like their children to go to a school and attain a better quality of life. Today, many parents expend one-third or more of their income on children. While raising children appropriately seems to be innate urge of almost all parents, national and international experiences suggest that the child labour problem persist both in developed and developing countries. The transition in the concept appear to suggest that elimination or significant reduction of worst forms of child labour may be a more practical goal than addressing the whole child labour issue. Thus there is a lot of emphasis on addressing worst forms of child labour, at least in terms of priority. The extent, nature and causes of child labour clearly suggest that child labour is the complex, intractable and in ILO terms, stubborn problem. The paper summarises a number of strategies and programs and the role of UN Conventions in addressing the child labour issue. Further, in light of the limitations and issues relating to current strategies and programs, an integrated approach is proposed to prevent and mitigate child labour at local and global levels uniformly and simultaneously. Such an approach I believe would help achieve a future without child labour.

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Acknowledgements I would like to thank Professor Gamini Herath for his helpful comments on this chapter. References Cox, D. and Pawar, M. 2006, International Social Work: Issues, Strategies and Programs, Sage Publications: California. ILO. 2002, A Future Without Child Labour, ILO: Geneva. Siddiqui, F. and Patrinos, H. A. undated. Child labour: Issues, Causes and Interventions, Human Capital Development and Operations Policy Working Paper No. 56, World Bank: Washington DC (http://www.worldbank.org/html/extdr/hnp/ hddflash/workp/wp_00056.html). UN. 1989, Convention on the Rights of the Child, UN: New York. UNDP. 1997, Human Development Report: Human Development to Eradicate Poverty, Oxford University Press: New York. UNICEF. 2001, Beyond Child Labour: Affirming Rights, UNICEF: New York: UNICEF. 2005, End Child Exploitation: Child Labour Today, UN ICEF: London.

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Chapter 5

Trade, Growth and Child Labour Practices in South Asia Kishor Sharma

Introduction South Asian countries have experienced spectacular export performance since the late 1980s. Their commitments towards market-oriented reforms have contributed to this success, although there is considerable scope for further reforms particularly in factor markets. Reforms so far have increased access to intermediate inputs, capital and technology, and reduced production costs, making exports more attractive in the world market than ever before. Successful completion of the Uruguay Round of trade negotiations has also increased their access to the world market. Unfortunately, expansion of exports, particularly labour-intensive manufactured exports, has triggered a protectionist response in developed countries (DCs). Protectionist groups argued that the race to the bottom has resulted in poor labour standards including child labour practices in developing countries, contributing to export growth. This has hurt labour-intensive industries in developed countries. However, Bhagwati (2002) notes that: we have little evidence that governments actually play the race (choosing to attract investment) by offering to cut standards or that multinational corporations actually are attracted by such concessions and thus are competing in such a race.

The view that countries with poor labour standards –including child labour-- obtain inherent comparative advantage in international trade and investment has been widely propagated in international forums. This has increased pressure at international level to force the World Trade Organization (WTO) to improve labour standards in developing countries. While Child labour is not a new issue, in recent years it has brought developed countries’ (DCs) attention, despite a falling child participation rate.1 Although the welfare of working children is a real issue, protectionist groups are trying to take advantage of this by putting pressure for trade sanctions against imports from 1 Child labour practices are in existence at least since the industrial revolution (Basu 1999). Between 1950 to 1995, child participation rate aged 10-14 years fell from 27 per cent to 13 per cent and is expected to fall to 8 per cent by 2010 (ILO 1996). According to the International Labour Organisation (ILO) anyone under the age of 15, engaged in economic activity regardless of occupation, is considered as child labour.

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countries with poor labour standards.2 Such actions are not an effective way to deal with the problem. In this chapter we shed light on this debate using the experience from South Asia.3 The examination of South Asian countries is particularly interesting because about 40 of the world’s child labour exist in this part of the world and there has been rapid export growth since opening up their economies. The chapter proceeds as follows. Following an introduction in Section 1, Section 2 presents the major issues. The state of Child labour in South Asia is discussed in Section 3. The chapter concludes in section 4 with concluding remarks. The issues: theory and evidence In developing countries children are deployed in a wide range of economic activities including manufacturing of carpets and garments, restaurants, farming and selling goods on street. They are also utilised in household activities including looking after small sibling and colleting water and fire wood. It is deep poverty which forces parents to send their children to work, which prevents them from going to school. This undermines their future earnings potential. It is estimated that about one third of household incomes in these countries is derived by the working children. Using international sanctions to address the problem of child labour is counterproductive because it does not address the root cause of the problem. Since the prevalence of child labour is the result of underdevelopment and poverty, it is important to address the issue of poverty rather than use trade restriction which are indirect and blunt (Markus 1997). Compensation programs from wealthy countries, focused on poverty reduction and better access to education will be more effective and less costly than trade restrictions. Since only about 5 per cent of child labour is found in the tradeables sector, trade sanctions will not tackle the problem of exploitation of children. Policies like trade sanctions in fact reduce household’s income and do not encourage schooling unless they are compensated for sending their children to school. In this context, development assistance can be very useful which can be used to compensate household to send their children to school and to develop new schools in remote areas. Despite the importance of development assistance in reducing the incidence of child labour, there has been a sharp decline in such assistance. For instance, in real per capita terms, net official development assistance to least developed countries has dropped by 46 per cent during 1990 to 2000 period (UNCTAD 2003).

2 With the liberalisation of trade in agricultural products and textile- following the signing of the Uruguay Round (UR) of trade negotiation in the mid 1990s- developed countries are facing growing competition in these sectors and they fear that with the full implementation of UR agreements their agriculture and textile sectors will suffer. 3 Among South Asian countries the incidence of child labour is high in Bangladesh, India, Nepal and Pakistan. Hence, we limit our analysis to these countries. Child labour is not a real problem in Bhutan, Maldives and Sri Lanka.

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Development assistance can be useful not only for compensating families but also improving the quality and quantity of schooling which are crucial for reducing child labour. Improving school quality encourages parents to send their children to school rather than to work with the hope of increasing future income of their children upon completion of school. On the other hand poor school quality might discourage parent from sending their children to schools if they perceive the future income is less than or similar to present income even after completing schooling (Krueger 1996a). Linking development assistance to policy reforms aims at improving and developing basic infrastructure such as education, health and electricity which is essential and would eventually improve labour standards in developing countries. By improving labour standards, developing countries might be able to gain greater access to the markets of developed countries, but the experience with trade-related intellectual properties (TRIPs) suggests that they might regret later on (Brown et. al 2001). Improving labour standards – including eliminating child labour – is in the best interest of developing countries as the use of child labour today means a shortage of skill labour tomorrow, which will be crucial to compete and sustain growth in the global work. Also, improvement in labour standards is likely to attract more foreign investment into the country. Available evidence suggests that countries with higher labour standards attract more FDI than countries with lower labour standards (Stern 1998). Freeman (1994) argues that a market-based solution, such as labelling requirements, may be an effective way to raise the standards in developing countries. Labelling allows consumers to make their own decision as to whether or not they would like to use goods produced in countries with lower labour standards instead of producers’ in developed countries who are motivated by protectionist sentiments rather than welfare of poor children. The state of child labour in South Asia Some 95 per cent of world children live in developing countries of which 60 per cent are found in Asian developing countries. Within Asia, South Asia has a high incidence of child labour and this varies significantly between countries. For instance, children’s workforce participation rate- the number of child workers to the child population- ranges from just above 5 per cent in India to 42 per cent in Nepal (Table 5.1). The lower percentage of child labour in India appears to be mainly due to rapid economic growth and export expansion brought about by economic liberalisation since the early 1990s, while a high incidence of child labour in Nepal appears to be mainly due to slow economic growth caused by civil unrest (Table 5.2).4

4 It is interesting to note that despite a decade of lacklustre growth performance, the incidence of child labour is very low in Pakistan.

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Table 5.1 Child labour in South Asia Country

Bangladesh India Nepal Pakistan Total

Total population 1996 (millions)

Age range (years)

Number of children in age range (millions)

Estimated number of child workers in age range (thousands)

Percentage of children working in age range

122 945 22 134 1241

5-14 5-14 5-14 5-14

34.5 210.0 6.2 40.0 295.0

6,584 11,285 2,596 3,313 24,316

19.1 5.4 41.7 8.0

Source: http://globalmarch.org/virtuallibrary/usdepartment/sweat5/chap2.htm.

Appendix Table 5.1 presents key indicators of child labour in South Asia. Analysts believe that there is a link between illiteracy rate and the incidence of child labour. Bangladesh and Pakistan have also significantly reduced the incidence of child labour. Table 5.2 Economic growth and the incidence of child labour in South Asia Country

Bangladesh India Nepal Pakistan

(A) GDP growth (1990-2001) (per cent)

(B) Illiteracy rate (per cent)

(C) Total population

Percentage of children working in age range(i)

3.1(i) 4.0(i) 2.5(i) 1.2(i)

58.4(ii) 40.5(ii) 54.9(ii) 56.8(iii)

138,900,600(iv) 1,067,421,100(iv) 25,836,100(iv) 153,124,800(iv)

19.1 5.4 41.7 8.0

Sources: (i) UNICEF, http://www.unicef.org/infobycountry; (ii) ILO, http://www.ilo.org/public/ english/employment/gems/eeo/download; (iii) USAID, http://www.usaid.gov/locations/asia_ near_east/countries/pakistan/pakistan.html; (iv) http://www.populationworld.com; (v) Table 5.1.

It must be noted that like many developing countries reliable data on child labour is not readily available for South Asian countries and there are huge discrepancies in data collected by various agencies. Collecting child labour data is a disincentive for countries as it shows weaknesses in implementing policy. In all South Asian countries, the incidence of child labour tends to be higher among boys than girls and in rural areas (Appendix Table 5.2). The higher workforce participation rate for boys is due to the fact that girls work in the informal sector (such as at home) and it is harder to get statistics from the informal sector. Children often work alongside other family members. Urban children often work in garment,

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carpet and textile related activities, small business and the bidi industry (hand-rolled cigarettes) together with their parents while children in rural areas tend to work with their families in agriculture, fishing, forestry or small family enterprises. Child labour represents 12 per cent of the total labour force in Bangladesh. Of the children engaged in economic activities, 22.9 per cent are seller/vendors, 16.1 per cent are factory workers, 5.72 per cent are brick/stone breakers, 4.77 per cent agricultural workers, 2.2 per cent are in craft, 0.65 per cent in fish processing and 0.44 per cent beggars (ILO-IPEC 1999a). It is estimated that 80 per cent of child labour in India are employed in agriculture sector and 8 per cent of the work force in the hand knotted carpet industry are child labourers. In Nepal, 94.7 per cent of child labourers perform agriculture and household work and the remaining 5 per cent are engaged in non-agricultural activities, including manufacturing and service industries (ILO-IPEC 1999b). Of those involved in non-agriculture, 1.6 per cent are in construction, transportation and communication, 0.8 per cent work as general technical workers and another 0.8 per cent work as production workers and 0.4 per cent as sales workers. In Pakistan, 67 per cent of child labourers are found in agriculture, 11 per cent in manufacturing and remaining 22 per cent work in service related activities (FBS 1996). It is evident that in South Asia most working children are found in the non-tradeable rather than in tradeable sector and most of them are employed in agriculture along with their parents whose share in total export has been declining (Appendix Tables 5.3 and 5.4), suggesting that export growth in South Asian countries has not been brought about by increasing use of child labour. Appendix Tables 5.3 and 5.4 also suggest that higher growth experienced by these countries have alleviated many children from child labour practices, with the exception of Nepal. Although employment of child labour is illegal, in the absence of effective monitoring mechanisms such practices remain a major concern in all South Asian countries. According to the Minimum Age Act, age of working children varies between countries. For example, in Bangladesh, the minimum age for employment is 12 years, while in India and Pakistan, the minimum work age of 14 applied only to certain specific occupations and processes. In Pakistan, the Employment of Children Act 1991 prohibits the employment of children under 15 in dangerous or hazardous activities. Procedures are also established for implementation of and enforcement of the Act, such as the requirement that all employers maintain a register of particulars regarding the employment of any children under the age of 15. In Nepal, the minimum work age of 14 does not apply to certain activities, such as plantation and brick kilns. Table 5.3 presents the ratification status among the South Asian countries. Except for India, all South Asian countries have ratified, either the ILO conventions on Minimum Age Convention, 1973 (Convention 138) or the Worst Forms of Child Labour Convention, 1999 (Convention 182) or both.5

5 ILO was established in 1919 for the implementation and monitoring of labour standards. Since inception it has approved about 174 conventions.

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Table 5.3 Ratification status of minimum age conventions (C138) and worst form of child labour convention (C182) in South Asia Country

Minimum age convention (C138)

Worst forms of child labour convention (C 182)

Bangladesh India Nepal Pakistan Sri Lanka

Not yet ratified Not yet ratified Ratified (1997) Not yet ratified Ratified (2000)

Ratified (2001) Not yet ratified Ratified (2002) Ratified (2001) Ratified (2001)

Source: ILO Website.

Since inception in 1919, the ILO has approved 174 Conventions regarding labour standards. However, it does not have enforcement power and it relies on voluntary compliance with ratified Conventions. Thus, developed countries are trying to bring this into the WTO charter and use trade sanction as a tool for eradicating child labour in developing countries which is purely motivated by protectionist sentiment. While welfare of working children is a real issue, there are number of ways of tackling this. These include, effective development assistance, opening up market for labourintensive products of developing countries (such as agriculture and textile and clothing) and transfer payments. Using trade sanctions to alleviate child labour will in fact not solve the problem as most working children are found in non-tradeable sectors. It can lead to other social problems like vandalism and prostitution. Conclusion Protectionist groups are working hard to exercise WTO rules to improve labour standards in developing countries primarily through trade sanctions. They believe that such actions are essential to ensure that the level playing field is fair and labour standards are improved in developing countries. In fact, use of trade sanctions can aggravate social problems (such as, poverty, vandalism and prostitution). If people in DCs are concerned with the welfare of children in developing countries, the best solutions to address this are (i) through transfer payments, (ii) opening up developed countries’ markets for labour intensive products from developing countries and (iii) channelling development assistance towards schooling. Developing countries around the world and South Asia are fully aware that child labour practices are not in their best interest. It is only due to economic pressure that parents are forced to send their children to work rather than to school. Unless economic conditions of people living in extreme poverty improves and the quality and quantity of schools improves the problem of working children will remain unsolved. The idea of overloading WTO with non-trade issues can slow down the pace of multilateral trade liberalisation and undermine the benefits of trade liberalisation and thereby poverty alleviation.

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References Athukorala, P. 2000, ‘Agricultural trade policy reform in South Asia: the role of Uruguay Round and policy options for the future WTO agenda’, Journal of Asian Economics, 11: 169-194. Bachman, S. L. 2000, ‘A new economics of child labour: searching for answers behind the headlines’, Journal of International Affairs, 53: 545-572. Basu, K. 1999, ‘Child labor: cause, consequence and cure with remarks on international labor standards’, Journal of Economic Literature, 37: 1083-119. Bhagwati, J. 2002, Free Trade Today, Princeton University Press: Princeton. Brown, D. K., Deardorff, A. V. and Stern, R.M. 2001, ‘Pros and cons of linking trade and labour standards’, The Murphy Institute Conference on the Political Economy of Policy Reform, Tulane University: USA. Department of Census and Statistics. 1999, Child Activity Survey Sri Lanka 1999, Colombo, Sri Lanka Federal Bureau of Statistics, 1996. International Programme on the Elimination of Child Labour (IPEC) (1996), Summary of results of Child Labour Survey in Pakistan (1996), Pakistan: Islamabad. Freeman, R. B. 1994, ‘A Hard-Heard Look at Labour Standards’, in U. S. Department of Labour, Bureau of International Labour Affairs, International Labour Standards and Global Economic Integration: Proceedings of a Symposium, Washington DC. http://globalmarch.org/virtuallibrary/usdepartment/sweat5/chap2.htm http://www.populationworld.com ILO-IPEC 1999, International Program on Elimination of Child Labour (IPEC) (1996), Rapid Assessment of Child Labour Situation in Bangladesh, Report ILOIPEC: Bangladesh. ILO-IPEC 1999, International Program on Elimination of Child Labour (IPEC) (1996), Rapid Assessment of Child Labour Situation in Nepal, Report ILO-IPEC: Nepal. ILO, http://www.ilo.org/public/english/employment/gems/eeo/download/ Krueger, A. B. 1996, Observations on International Labour Standards and Trade, NBER Working Paper No. 5632, NBER. Markus, K. 1997, ‘Should Core Labour Standards be Improved Through International Trade Policy’, World Bank Policy Research Working Paper No. 1817, World Bank: Washington D.C. Sen, R. K. and Dasgupta, A. 2003, Problems of Child Labour in India, Deep and Deep Publications: New Delhi. Stern, R. M. 1998, ‘Labour Standards and International Trade’, Discussion Paper No. 430, The University of Michigan: Ann Arbor. Suwal, B. R., KC, B. B. and Adhikari, K. P. 1997, ‘Child Labour Situation in Nepal, Report from Migration and Employment Survey’, Kathmandu: Nepal. UNCTAD 2003, ‘The Least Developed Countries Report, 2002’, Overview, UN: Geneva. UNICEF, http://www.unicef.org/infobycountry/ USAID, http://www.usaid.gov/locations/asia_near_east/countries/pakistan/pakistan.html World Bank, 2003, Development Indicators 2003, World Bank: Washington DC.

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Appendix Table 5.1 Distribution of economically active children 5-14 years old by sex in South Asia Economically active (Total)

Male

Female

Bangladesh(a)

6130000

Age: Urban Rural

190000 5940000 – –

5047442 (82.3) – – – –

1082558 (17.6) – – – –

India(b)

23160000

9850000 (42.5)

13310000 (57.4)

Nepal(c)

278000

12000 266000

138000 (49.6) 28000 (50.9) 109270 (49.0) 8000 130000

140000 (50.3) 27000 (49.1) 113730 (51.0) 4000 136000

3313420 573084 2740336 367745 2945675

2431992 333656 2098336 321634 2110358

881428 239428 642000 46111 853317

475530

295038 (62.0) 56177 (61.3) 238861 (62.2) – –

180492 (38.0) 35437 (38.6) 145055 (37.7) – –

Age:

05-09 10-14

05-09

55000

10-14

223000

Urban Rural Pakistan(d) Age: 05-09 10-14 Urban Rural Sri Lanka(e) Age:

Urban Rural

05-09

91614

10-14

383916 – –

Note: Figures in parenthesis represent percentage share. Sources: (a) ILO-IPEC, Rapid Assessment of Child Statistics in Bangladesh (1996); (b) Sen, R. K and Dasgupta, A. (2003). Data for 1991; (c) Suwal et al (1997) Table 3.6. Data for 1995/96; (d) FBS, ILO and IPEC (1996) Table 4. Data for 1996; (e) Department of Census & Statistics, Sri Lanka 1999. Based on Table 3.5. Data for 1999.

Appendix Table 5.2 South Asia: key economic indicators, 1997 Bangladesh

India

Nepal

Pakistan

Sri-Lanka

South Asia

Low income countries

144

3288

147

796

66

4441(3.3)

31244

123.6

962.4

22.3

128.5

18.6

1255.4 (21.6)

2036

GNP (US$ billion)

44.1

357.4

4.9

64.6

14.8

GNP per capita (US$)

360

370

220

500

800

485.8 (1.6)

350

GNP per capita – PPP (US$)

1090

1660

1090

1580

2460

387 (7.5) 1600 (4.4)

1400

Structure of output Agriculture Industry Of which Manufacturing Service

24 27 17 49

25 30 19 45

41 22 9 36

25 25 17 50

22 26 17 52

Employment by economic activity, 1997 Agriculture: Male Female Industry: Male Female Services: Male Female

53 76 35 21 33 11

59 74 17 15 24 11

91 98 0 0 9 2

44 65 18 10 34 15

36 32 18 17 37 31

Surface Area (‘000 sq. km.) Population (millions)

712

Notes: 1. Given in brackets are the percentages of the total world figures. 2. Distribution of male and female labour force by activity. Data are for 1997 or the most recent year available. Source: Athukorale 2000.

25 29 18 46

57 69 18 13 27 14

28 28 17 43

61 75 15 10 25 14

Appendix Table 5.3 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in India

GDP Growth Rate Export Growth Rate Agriculture and allied products Iron Ore Petroleum products Manufactured goods – Gems and jewellery – Readymade garments – Engineering goods – Chemical and allied products – Leather and leather manufacturers – Jute manufacturers – Other manufacturers Other Exports Total exports Merchandise export % of GDP Manufactured export % of GDP Non–manufactured export % of GDP Source: World Bank 2003.

1970– 1971

1980– 1981

1990– 1991

1995– 1996

1996– 1997

1997– 1998

2000– 2001

2001– 2002

1.8 0.3 31.7 7.6 0.3 50.3 2.8 1.9 12.0 2.3 4.7 12.3 14.2 10 100 3.5 1.8 1.7

6.5 1.6 30.6 4.5 0.1 55.8 9.6 8.4 13.0 3.5 5.0 4.9 11.3 8.9 100 4.4 2.6 1.8

0.4 10.8 18.5 3.2 2.9 71.6 16.1 12.3 12.4 7.2 7.9 0.9 0.7 3.9 100 6.0 4.2 1.8

7.3 7.1 19.1 1.6 1.4 73.9 16.6 11.6 13.8 7.4 5.5 0.6 0.4 3.9 100 9.5 6.9 2.6

5.0 6.2 20.5 1.44 1.44 73.5 14.2 11.2 14.8 8.0 4.8 0.46 1.2 3.09 100 9.3 6.7 2.6

6.1 4.2 18.9 1.36 1.01 75.8 15.3 11.1 15.2 9.0 4.7 0.5 1 2.9 100 8.4 Na Na

5.2 9.0

4.6 4.8 14.1

3.0 4.0 77.0 – – – – – – 100 13.5 10.4 3.1

74.7 – 12.1 – – – – – 11.2 100 15.2 11.3 3.9

Appendix Table 5.4 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in Bangladesh

GDP Growth Rate Export Growth Rate Agriculture and allied products Iron Ore Petroleum products Manufactured goods – Gems and jewellery – Readymade garments – Engineering goods – Chemical and allied products – Leather and leather manufacturers – Jute manufacturers – Other manufacturers Other Exports Total exports Merchandise export % of GDP Manufactured export % of GDP Non–manufactured export % of GDP Source: World Bank 2003.

1970– 1971

1980– 1981

1990– 1991

1995– 1996

1996– 1997

1997– 1998

2000– 2001

2001– 2002

–5.5 –27.6 70.0 0.0 0.0 – – – – – – – –

10.2 14.9 33.0 0.0 0.0 67.0 – – – – – – –

3.3 –2.8 20.0 0.0 1.0 80.0 – – – – – – –

5.0 7.4 13.0 0.0 0.0 87.0 – 11.6 – – – – –

5.3 14.5 12.0 0.0 0.0 88.0 – – – – – – –

5.1 14.3 9.0 0.0 0.0 91.0 – – – – – – –

5.3 22.1 20.0 0.0 0.0 – – – – – – – –

4.4 –8.7 19.4 0.0 0.0 80.6 – 7.7 – – – – –

100 4.7 – –

100 4.8 3.2 1.6

100 6.9 5.5 1.4

100 11.2 9.7 1.5

100 12.4 10.9 1.5

100 13.8 12.5 1.3

100 15.4

100 14.3 11.5 2.8

Appendix Table 5.5 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in Pakistan

–

1970– 1971

1980– 1981

1990– 1991

1995– 1996

1996– 1997

1997– 1998

2000– 2001

2001– 2002

GDP Growth Rate Export Growth Rate Agriculture and allied products Iron Ore Petroleum products Manufactured goods – Gems and jewellery – Readymade garments – Engineering goods – Chemical and allied products – Leather and leather manufacturers – Jute manufacturers – Other manufacturers Other Exports Total exports Merchandise export % of GDP Manufactured export % of GDP Non–manufactured export % of GDP

0.5 0.9 60.0 0.0 – – – – – – – – – – 100 7.1 – –

7.9 18.2 49.0 0.0 7.0 51.0 – – – – – – – – 100 12.3 6.2 6.1

5.5 33.5 21.0 0.0 1.0 79.0 – – – – – – – – 100 16.3 12.8 3.5

5.0 2.0 15.6 0.0 1.0 84.0 – 53.0 – – – – – 0.4 100 16.0 13.4 2.6

1.2 –6.5 14.0 0.0 1.0 86.0 – – – – – – – – 100 15.5 13.3 2.2

3.3 3.7 16.0 0.0 0.0 84.0 – – – – – – – – 100 15.8 13.2 2.6

2.6 11.8 15.0 0.0 2.0 85.0 – – – – – – – – 100 18.0 15.3 2.7

2.8 12.5 19.2 0.0

Source: World Bank 2003.

85.5 – 48.3 – – – – – – 100 18.7 16.0 2.7

Appendix Table 5.6 Growth in GDP, exports and structure of exports (percent share in total exports unless otherwise stated) in Nepal

GDP Growth Rate Export Growth Rate Agriculture and allied products Iron Ore Petroleum products Manufactured goods – Gems and jewellery – Readymade garments – Engineering goods – Chemical and allied products – Leather and leather manufacturers – Jute manufacturers – Other manufacturers Other Exports Total exports Merchandise export % of GDP Manufactured export % of GDP Non–manufactured export % of GDP Source: World Bank 2003.

1970– 1971

1980– 1981

1990– 1991

1995– 1996

1996– 1997

1997– 1998

2000– 2001

2001– 2002

–1.2 – 75 0.0 0.0 – –

8.3 21.1 48.0 0.0 0.0 52.0 –

6.4 19.4 19.0 0.0 0.0 81.0 –

5.0 24.3 23.0 0.0 0.0 77.0 –

2.3 –10.0 15.0 0.0 0.0 – –

4.8 – 33.0 0.0 0.0 67.0 –

– – – – – – 100 5.4 – –

– – – – – – 100 12.9 6.7 6.2

– – – – – – 100 11.8 9.5 2.3

5.3 –3.2 20.0 0.0 0.0 80.0 – 48.1 – – – – – – 100 22.3 17.8 4.5

– – – – – – 100 26.3 20.2 6.1

– – – – – – 100 23.2 – –

– – – – – – 100 22.4 15.0 7.4

–0.5 – 14.0 0.0 0.0 86.0 – 22.4 – – – – – – 100 16.1

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PART 2 Lessons from South Asia

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Chapter 6

An Assessment of Child Labour Laws, Prevention Strategies and their Effectiveness in Bangladesh Jesmul Hasan

Introduction Bangladesh is a developing country in South Asia with a Ganges-deltaic land of 147,570 square km and population of around 144 million people. While its economy remains mainly dependent on agriculture, the industrial sector has made a significant contribution to its GDP in recent years. The per capita GDP is around $440 and GDP growth rate is about 5.5 per cent per annum. Despite some progress in social development indicators like reduction in child malnutrition, extensive coverage in immunization, increase in enrolment in schools, the impediments to sustained growth include frequent natural calamities, adverse political environment, slow pace in exploiting natural resources and poor implementation of economic reforms. Child labour is prevalent throughout the country. Like many other developing countries, the factors that have led to an increasing number of children working include poverty, lack of appropriate, affordable and accessible education, low rates of parental literacy, and cultural impediments. Furthermore, natural disasters such as floods may force children into work, as may death or illness of a parent and other disruptions in family life. Lack of rights and laws among children and adults, the belief that work is an opportunity for children to learn valuable skills for future employment, the pull of the city and perceptions that it offers opportunities for a better life and perceived cheapness and docility of children lead to an increased demand for child labour. Child labour defined Many child labour professionals attempt to develop formal definitions of the term ‘child’. Defining the term ‘child’ could be compounded by many factors like racial and climatic factors related to physical and mental maturity, social norms and practices, socio-economic conditions, educational system and the legal context of the country. It is important to note that in certain socio-cultural contexts, children mature quicker than in some others. Moreover, the negative/positive impacts of children’s

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involvement in economic activities are likely to depend on the nature of the activity, age of the child as well as on the extent and conditions of involvement in work. According to the UN Convention on the Right of the Child 1989, a person below 18 years of age is a child. But The Minimum Age Convention, 1973 (No. 138) of ILO provides the following options regarding minimum age for labour (Table 6.1).

Table 6.1 Minimum age of labour C. 138

General

Exception for developing countries

Basic minimum age

15

14

Dangerous work

Normally: 18 Under certain conditions: 16

No exceptions

Light work

13-15

12-14

Source: ILO minimum age convention, No. 138, 1973.

Nature of child work The UNICEF views that if a child’s or adolescent’s participation in economic activity does not negatively affect his/her health and development or interferes with education, it is child work. When the reverse happens, it is child labour. Again if employers exploit work of children for their benefit without paying attention to welfare of children concerned, it becomes exploitative child labour. On the basis of the nature of work, child labour can be classified into hazardous or worst forms and non-hazardous, both in the formal and informal sectors. According to the Worst Forms of Child Labour Convention, 1999 (No.182), the worst forms of child labour comprise: (a) all forms of slavery or practices similar to slavery and forced or compulsory labour (b) use, procuring or offering of a child for prostitution, for production of pornography (c) use, procuring or offering of a child for illicit activities such as production and trafficking of drugs, and (d) 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. In Bangladesh, children are employed both in the informal and formal sectors. In formal sectors like readymade garments, leather, steel re-rolling children are employed violating existing laws. Informal sector establishments are not registered officially, are temporary, unorganized, volatile in nature and not covered by any form of labour or social protection and as such do not come under legal provisions. Domestic household work, both paid and unpaid, bonded work like fish-drying and shrimp cultivation are informal where a good number of children are employed and exploited.

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83

Review of literature on child labour Harmful child labour is a serious problem in a number of countries. It is primarily due to the conditions of poverty in which large segments of the population live and to lack of access to quality education. Most countries have legislation governing the employment of children and are signatories to one or more international treaties on child labour, but enforcement is often lacking. In the longer run, programs to alleviate poverty and improve education and human services are essential to reducing harmful child labor (World Bank 1997). Child labour is one of the most striking indicators of vulnerability of children and reflects the shortcomings of the millennium development goals of poverty reduction, education for all, gender equality, combating HIV/AIDS and creation of a global partnership for development (Grimsurd 2003). Statistical profile of child labour in Bangladesh According to the National Child Labour Survey 2003, the child population (aged 5-17 years) is 42 million, of which 7.4 million are economically active (Bangladesh Bureau of Statistics 2003). The survey identified 67 types of work where children are engaged. The number of child workers was found to be 3.2 million. The survey also indicated that 1.3 million children aged between 5-17 years are engaged in the worst forms of child labour. Five million (12 per cent) of the child population work without attending any school, of which 2.8 million work for 40 hours or more per week. More boy children (77 per cent) work than girl children (23 per cent), and 91 per cent of the children engaged in worst forms of child labour are boys. Six million (out of 7.4 million) are economically active in rural areas and the rest are employed in urban areas. Average monthly earning for a male and a girl child are Tk. 1000 (USD16) and Tk. 850 (USD14) respectively. In a similar survey conducted by the Bangladesh Bureau of Statistics in 1996, the number of child workers between 5 and 14 years of age was found to be 6.3 million, out of which 3.8 million were boys and 2.5 million were girls. Of these, 83 per cent were in rural areas and 17 per cent were in urban areas. The population of Bangladesh in 1996 was 123 million which increased to 146 million in 2003 (Bangladesh Bureau of Statistics 1998, UNFPA 2003). From 1996 to 2003, the population increased by 18.6 per cent surpassing the 17.46 per cent increase in the number of economically active children. Children between 10-14 years occupied 35 per cent of Bangldesh’s labour force in 1980, which fell to 27 per cent in 2002 (World Bank 2004). Thus although the number of child workers in Bangladesh increased in 2003, the rate of growth is less than the rate of growth in the overall population. Similarly, between 1980 and 2002, the share of child workers in the labour force declined. Extent and reasons for child labour The magnitude of the child labour problem depends on minimum age and definition of child labour. If only full-time employment of children is defined as child labour,

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Child Labour in South Asia

the number of child workers will be relatively low. On the other hand, if part-time economic activities after school hours, work during holidays, and all forms of activities to assist other members of the family in their economic activities etc. are brought into the definition of child labour, the size of child worker population will be larger. Most of the child workers are present in rural areas, because 85 per cent of the population live in rural areas of Bangladesh. Despite this, child workers are more noticeable in urban areas than in rural areas. Moreover, the urban areas are more densely populated than the rural areas. Thus the concentration of child workers appears to be high in urban areas especially in the metropolitan areas. However, if this relative concentration is compared with the density of population in rural areas and urban areas, no significant difference can be observed. According to the GOB National Plan of Action for Children, the working children in Bangladesh are engaged in about 300 different types of activities mostly in informal sectors. Forty seven of these industries are hazardous which include working in dangerous environment and/or with dangerous instruments, and exposure to physical, sexual or emotional abuse, beating or even rape. The reasons for child labour in Bangladesh can be classified under three categories namely push factors, pull factors and interactive factors (World Bank 2004). Push factors The factors, which compel the children to earn livelihood for themselves and/or for their families are the push factors. Where the push factors are very strong and exist in the family for a relatively longer period, child labour is an integral part of the overall survival strategy of the family. Poverty is the most powerful push factor for child labour. Conditions of extreme economic hardship leave no alternative for the children but to work. Even if the children of the poor families are enrolled in school, they cannot afford to continue to send them to school for two reasons. Firstly, it involves some cost of education and secondly, education stops children’s earnings reducing families’ total income. During 1995-96, 51 per cent of the population of Bangladesh lived below the poverty line. In the year 2000, it was reduced to 49.8 per cent (World Bank 2004). Thus within a five year period, poverty in Bangladesh was reduced by 1.2 per cent. The country has made consistent progress against poverty. According to the World Bank, sustained economic growth, increased spending on social sectors, rising school enrolment rates, the expansion of micro credit and other NGO activities. Survey data suggest that the declining trend of poverty continued into the second half of the 1990s. This is also reflected in the comparative rate of increase in the number of child workers and country’s population as well as the share of child workers in the country’s labour force. Among other factors, inadequate schools, teachers and other facilities push children to drop out of school and earn for survival. Because of parental divorce, separation, polygamy, disease or death, children become destitute. In absence of social security system for the poor, children of such families have no choice but to sell physical labour to earn some income. Also, children run away from families because of torture, abuse, family disruption etc. and work independently for their

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85

survival. Natural disasters like floods, river erosion, cyclones, tidal waves and drought also act as push factors for child labour. Pull factors Some of the features that attract children towards job markets are the pull factors. The urban sectors have generated more labour intensive private industries such as the readymade garments sector. This has attracted most of the 1.8 million girl child workers employed in this sector from rural areas. Besides, other private sector led informal economic activities like small industries have provided job opportunities for children. Employers prefer child labour because it is relatively cheaper and easy to manage. Children do not form trade unions, easily accept long hours of work and rarely protest against poor work conditions. They also do well as assistants or helpers to adult workers. Child domestic help is safer and psychologically more comfortable to live with. The children and their families perceive children’s work in certain economic activities as valuable opportunity for learning employable skills, which are gladly accepted by them as apprenticeships. Interactive factors In certain cases, a single factor may not lead to child labour but several factors together can interact and jointly contribute to turn the child into a worker. In many such cases, these interactive factors are relatively strong and make child labour irreversible. For example, some child sex workers are the victims of interactive factors: long term poverty and starvation, fake marriages, children being sold out to pimps, loss of chastity, social stigmatizm and unacceptability, significantly better earning, relatively comfortable living and taste of independent life.

Table 6.2 Ordinances and age groups Name of Act/Ordinance

Child

Children Act, 1974 Children (Pledging of Labour) Act 1933 Employment of Children Act 1938

Up to 16 years Up to15 years 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 up to 15 years up to 16 years up to 12 years up to 18 years up to 15 years

Tea Plantation Labour Ordinance, 1962 Factories Act, 1965 Shops and Establishment Act, 1965 Road Transport Workers’ Ordinance, 1961 Mines Act, 1923

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Child Labour in South Asia

Legal context of child labour in Bangladesh In Bangladesh, there is wide variation in the definitions of the term ‘child’ and ‘child labour’. Table 6.2 shows the various legal age limits defining child and child labour. The drawbacks of child labour law regime in Bangladesh are: (a) lack of uniform definition of child (b) absence of laws against use of children in agriculture and construction sectors and (c) absence of laws against hazardous child labour. The Children Act, 1974 This law was enacted to consolidate and amend the hitherto existing laws relating to the custody, protection and treatment of children and trial and punishment of young offenders. Section 44 of Part (vi) of the Act given below is pertinent to child labour. Section 44 1. Whoever secures a child ostensibly for the purpose of manual employment or for labour in a factory or other establishment, but in fact exploits the child for his own ends, withholds or lives on his earnings, shall be punishable with fine which may extend to Taka one thousand. 2. Whoever secures a child ostensibly for any of the purposes, mentioned in subsection (1), but exposes such child to the risk of seduction, sodomy, prostitution or other immoral conditions shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Taka one thousand, or with both. This Act is silent about exploitation of children in family enterprises/businesses and the question is whether such exploitation in the 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 children whose labour has been 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 the parent or guardian of a child, in return for any payment or benefit received or to be received by him, undertakes to cause or allow the services of the child to be utilized in any employment:

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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 to be paid for the child’s services. • Such agreement will not be void if it is terminable with one week’s notice. Whether an agreement is detriment to a child is to be decided by court of law. Due to absence of any case law/precedent there is no legal interpretation in this regard. The Employment of Children Act, 1938 and Rules 1955 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. Children above 15 years are allowed to be employed in such occupations, which may prove to be hazardous for them and therefore it comes into conflict with ILO Convention 182. Section 3(2) Children up to the age of 17 must not be employed in any such occupation referred to in sub-section (1) unless interval of at least 12 consecutive hours is allowed to them, which must include 7 consecutive hours between 10pm and 7am. The above provision indirectly allows the children up to 17 years of age to work during evening till 10.00 pm. It also indirectly allows employment of children between 17 and 18 years to work even between 10pm and 7am which may be hazardous for such children. 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, and • rest of 13 consecutive hours is allowed. These provisions enable the employers to force an apprentice or a trainee of between 15 and 17 years of age to work during night hours which might be hazardous for that child. Moreover these conditions need not be observed in case of children between 17 and 18 years.

88

Child Labour in South Asia

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, and • Wool cleaning It also implies that children above 12 years and below 18 years of age can be employed in these types of work. Any violation of these provisions of the Act amounts to a fine extending up to Tk. 500, which is too weak a punishment to deter employers from employing child workers. The Factories Act 1965 and The Factory Rules 1979 A factory is a place where 10 or more 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 workrooms and godowns of any factory at any time during which work is carried on. Section 25 No young person shall work at any machine unless he has been fully instructed as to the dangers arising in connection with the machine and the precautions to be observed, has received sufficient training in work at the machine or is under the supervision by a person who has thorough 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 is in operation.

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Section 70 A child cannot be employed in a factory to work for more than five hours a day and between the hours of 7pm and 7am. 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 Weight lifting limit Adolescent male Adolescent female Male child Female child

50 pounds 40 pounds 35 pounds 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 does not work for more than seven hours a day or 42 hours per week. These limits may be extended to 52 hours per week if overtime payments are included. Any violation of the provision will lead to a fine of Tk. 250. For subsequent offences, punishment includes imprisonment extending up to three months or a fine of Tk. 500. This punishment is too weak to deter potential violators.

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Child Labour in South Asia

Strategies for prevention of child labour Since identification of child labour as a major violation of children’s rights in Bangladesh, government and donor organizations (multilateral and bilateral) have initiated a number of strategies to prevent and eradicate child labour. One of the remarkable successes in this regard was freeing Bangladesh’s readymade garments sector from child labour. The legislation enacted in 1992 in US Congress banning import of goods made using child labour, led to employers dismissing about threequarters of all children employed in the industry. With no access to education and few skills, the children had few alternatives to escape poverty. Many went for new jobs in stone-crushing, street hustling and prostitution-all more hazardous and exploitative than garment making. Recognizing the need for action, UNICEF and ILO (through International Program for Elimination of Child Labour-IPEC), after two years of negotiations with garment industry association BGMEA, signed an agreement in 1995 to move all garment workers aged below 14 years to appropriate education programs, to prohibit further hiring of under-age workers, and offer the children’s jobs to qualified adult family members. With financial support from US Department of Labour, Norwegian Government and Italian Social Partners, around 10,000 children were removed from 2800 garment factories. They received nonformal education and skill training and their parents received micro-credit for income-generating activities. These withdrawn children were placed in special schools (run by BRAC and GSS, two big NGOs renowned for the innovative nonformal education program), where they received health care services, skills training and monthly cash stipend to compensate for their lost wages. The strategies also included continuous monitoring and verification, by BGMEA, ILO and GOB factory inspectors, of the garment factories to ensure that new child workers do not replace these children. Although considered a success, this combined strategic approach had some loopholes and failures. However, from the lessons of this initiative, a number of projects and programs were launched in Bangladesh by the GOB, international NGOs and donor organizations particularly ILO for prevention and eradication of child labour. The strategies adopted can be summarized as follows: • •

•

• •

Withdrawal of children from hazardous work where possible and placing them in schools and/or non-hazardous skill training programs Economic empowerment of poor families of the working children through additional income generation activities (by providing micro-credit) so that they do not have to depend on their children’s earning and can afford to send their children to school Providing non-formal education to the working children with a view to mainstreaming them into government schools after economic empowerment of the respective families Providing non-hazardous skills training for better and non-exploitative employment in future Awareness raising on negative consequences of child labour

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•

•

91

Advocacy with government for protective legislation, effective implementation of existing laws and development of national policies and plan of action; improve working condition that make children’s work harmful, and Institutional development and capacity building of government organizations, NGOs, trade unions and employers’ organization.

Assessment of effectiveness of strategies The strategies mentioned are general and are being followed in both rural and urban settings. It has been found that occupational and residential mobility of child workers are more frequent in urban areas than in rural areas. So prevention and eradication strategies should keep this issue in context. While the realities and nature of work in urban and rural areas are different, there have so far been very few attempts to assess the effectiveness of these strategies applied in rural and urban areas. The strategies applied are interconnected. There are many issues involved and hence the strategies need to be applied in a coherent way keeping the realities in perspective. The strategies are discussed in detail below. Strategy 1: Withdrawal of children from hazardous work where possible and placing them in schools and/or non-hazardous skill training programs Withdrawing relatively aged children (8-12 years) from workplace and sending them to education or skill training is not a viable option. Most of these children do not opt for full withdrawal, work as assistant or apprentice, have made deliberate choice for long-term benefit of work (skill development) and are not always compelled to work for reasons of poverty (Rana 2004). Working children who are the most vulnerable are the youngest (4-7 years) and the girl children who are engaged in work where hardly any skill is required. These kinds of jobs (tobacco, bangles making) are more hazardous in nature and considering their young age, the children can be withdrawn from workplaces to send them to school. Strategy of complete withdrawal from workplace can be substituted by a strategy of partial withdrawal by removal to non-hazardous work supplemented by part-time non-formal education and income support to parents. Full withdrawal of children from work would only be practical when the sectors they work in have no or little scope for skill development in combination with hazards of work. Many families have more than one child employed in workplaces. In such cases, they are not interested in withdrawing all of them from workplaces. In many cases, girls and youngest children are withdrawn from workplaces and relatively older children remain in work. Some employers have shown interest in enrolling children for education for certain period of time. The demand for literate children who can read, write and count is very high in workplaces because in the absence of employers, literate children can look after business. The employers get extra benefits from these literate children.

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However, they do not support full withdrawal of children from workplaces but they support children’s education for a certain period of time of their work. According to employers, children are better workers than adults. They are cheaper to hire, more punctual and particular about work. Employers depend more on child workers than adult workers. Adult workers have a tendency to pass time in gossiping, which child workers do not. Child workers are easier to deal with than adult workers. So withdrawal of children from workplaces requires sensitization of and incentives for employers. Some children are not interested in being withdrawn from workplaces. Along with earning skills and money, employment in some work gives them economic empowerment and independence. They can spend their own-earned money as they wish and this is more important to them than education, which cannot guarantee them any gainful employment. Strategy 2: Economic empowerment of poor families of the working children through additional income generation activities (by providing micro-credit) so that they do not have to depend on their children’s earnings and can afford to send their children to school There are substantial differences between rural and urban areas. In rural areas, poverty is the main cause of child work, but in urban areas this is not always the case. There are many non-poverty reasons for child work. Since poverty is not a major cause for children’s work, the concept of shifting guardian’s dependency away from their children’s earnings through credit support for income generating activities would not prevent child labour. Although guardians receive assistance for increasing their earnings, they do not consent to full withdrawal of children from work but partial withdrawal for nonformal education. Mothers are found to be interested in withdrawing children from workplaces if provided with financial incentive but fathers are not. Here the issue is family leadership and gender sensitivity. Usually in Bangladesh rural society while fathers are heads of families and they have to bear the financial burden of family maintenance, mothers are responsible for household work and child rearing. To reduce the burden of earning money for the family, fathers have a tendency to employ children in work, which mothers do not want. However, mother’s good intention is subject to availability of financial incentives like micro-credit for income generating activities or any other financial incentive. In urban areas, many of the parents belonging to low income groups are engaged in gainful employment. While they are at work, their children remain at home (if not in school) in insecure situations. Parents apprehend that their children might mix with bad people such as street gangs and criminals. Sometimes criminals use small children in their illegal activities like carrying drugs, and smuggling in border areas. On the other hand, if these children are employed in some income generating activity, they may remain safe at the workplace. In such cases, workplaces work as day care center for such children. Many girls work with their mothers in the

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same workplace. This ensures girl’s security and mother’s care towards daughters. Economic benefit to parents is not important here. In some cases, children are the only earning members in their families. Their other family members are not interested in taking micro-credit for income generating activities. So there is no alternative for such children but to remain engaged in work even if it is hazardous. Cost of secondary education is higher than primary education, which many parents cannot afford. Annual per unit cost of primary education in Bangladesh is 12.7USD while that for secondary education is 67.9USD, over 5 times (Bangladesh Education Sector Review (BESR) 2000). It is easier for parents to get their children employed in work after primary education than taking measures to increase family earning for continuing children’s education. Many of the parents are quite aware of unemployed educated people in Bangladesh. Thus providing children with some skill that can ensure at least children’s employment is preferable to providing them with education. In some sectors, children work as bonded labour. The employers bring them from their families for a long time period on payment of lump-sum money or other benefits. Here providing financial benefits to such parents may not work since they have already received such benefits from employers. Micro-credit assistance to guardians may support enrolment of working children in non-formal education or removal from work, but whether the income generated through small loans can create sufficient incentives to withstand guardians’ choice to send them for work is an issue that needs to be examined. Strategy 3: Providing non-formal education to the working children with a view to mainstreaming them into government schools after economic empowerment of the respective families Enrolment of children in school at an early age is an effective tool in preventing child labour. The commitment to intervene on the supply of child labour, led the Government of Bangladesh (GOB) to enact The Bangladesh Primary (Compulsory) Education Act 1990, which imposed penalties (Tk. 200 equivalent to USD 3.5) on parents, who have failed to send children to primary school. However, when a child has no choice but to earn an income to support own survival and the family, the imposition of penalty is inappropriate. Therefore, ‘food for education’ programs have been used to provide assistance for destitute children and their families. Poor families find non-formal education more suitable for their children because it is flexible and more child-centered in many cases. Non-formal education has been accepted as parallel or complementary approach to formal education, especially for the pre-primary group, underprivileged children, school drop-outs and out-of-school children. It is expected that this kind of education will prevent many under-aged children from entering the workforce. For many children and their guardians, primary education is not a viable alternative and low quality of primary education causes children and their guardians to opt for work. Moreover, the drop-out rates of mainstreamed NFE graduates in primary education are very high although the rate of enrolment in primary education

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in Bangladesh is 87 per cent (UNDP 2004). This has resulted in economically active children initially accessing some preliminary education but later on dropping out of school and getting attracted to work. Thus diversion of child workers from work to education has not proved very effective. The older the children, the more difficult mainstreaming in primary education becomes both in terms of entry and retention. Among the relatively aged children, weighing the benefits of work against benefits of primary or non-formal education gives them choice for work despite hazards of work. The teacher-student ratio in NGO run non-formal primary education schools is 1:25 while that in government primary schools is 1:70/80. Naturally child workers who have received non-formal primary education in NGO run schools in a less congested and fun environment do not like to continue education in public primary schools with congested and less attractive environment. In some areas, children do not have any scope for recreation after school hours. Sometimes they get employed for passing time and then continue. To them part-time non-formal education is a good option to have some elementary education as well as to continue work. Non-formal education is preferred by those children whose works are less hazardous, easy and less burdensome. Children working in flexible hours can be enrolled in non-formal education schemes. Strategy 4: Providing non-hazardous skills training for better and non-exploitative employment in future In an economy with high unemployment (3.3 per cent of the labour force is unemployed) and rural-urban migration, it is impossible to provide employment for large numbers of relatively older children in hazardous work (World Bank 2004). Thus instead of non-hazardous ‘job-training/placement’, some sort of ‘apprenticeship arrangement for further skill development’ may be useful. This could ensure not only continued skill development, but also could facilitate entry into formal wage employment. Where full withdrawal of children from hazardous works is neither feasible nor desirable, particularly for relatively older children employed in skill intensive sectors, removing hazards from work can be a good alternative. Several options such as reducing working hours, provision of welfare services, ending exploitation and discrimination, using modern technologies, introducing work ethics in workplaces etc. can be employed. To some extent, these approaches have been successful in some of the child labour prevention projects in urban areas (match industry, leather industry), (ILO 2002). In some sectors/professions, children have to learn family skills (ornaments artisanship) to continue the family profession/business. These skills are part of family tradition and passed on from generation to generation. The hazards of such work are less important to such families than maintaining family tradition, continuing family business and ensuring employment for family children. There are some jobs where child workers can do better than adult workers. For example, in an automobile workshop, a child can easily enter under a car than an adult. According to employers, they can do such work with machines, which they

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cannot afford. So they employ children for such work. Thus in removing and reducing hazards of work, employers may need to be assisted to make the workplaces less hazardous. Strategy 5: Awareness raising and community involvement on negative consequences of child labour Child labour is an issue embedded in the societal norms, family tradition and cultural practices of Bangladesh society for a long time. To reduce or to humanize requires intensive sensitization of employers, child workers, guardians, trade unions, NGOs and the government bureaucracy. Hazards of work are less important to people than financial benefits and survival. Awareness raising and social mobilization strategies can be sustained when beneficiaries and target groups have reasonable knowledge on causes, consequences and means to address child labour and are equipped with means to further disseminate such knowledge themselves. However, to approach this strategy, needs and aspirations of the concerned communities need to be mapped out first. There are also risks when advocacy and awareness raising activities are not properly balanced with provisions of viable alternatives. NGOs in Bangladesh, with assistance from donor organizations, have been conducting awareness raising activities for quite a long time. But there are several loopholes in these efforts. Proper audience analysis is not done when a campaign is initiated. Proper research is not conducted on who should be targeted for campaign against child labour, what should be the message and what should be the channels for disseminating information against child labour. Newsletters are published containing information about NGO or donor organization involved in child labour but disseminated among the same community of NGOs and donor organizations. Large billboards against child labour are displayed on spacious avenues in major cities but small workshops and industries are not located in those areas and as such employers and guardians cannot benefit from those billboards. TV spots are developed but aired in private TV channels, which do not have a good coverage in major rural areas of the country. Airing TV spots in government owned TV channel having large coverage in the country has been insignificant. On issues like family planning or nutrition or immunization or use of oral rehydration therapy in case of diarrhoea, there have been remarkable successes achieved due to continuous and planned awareness raising campaigns for more than two decades in all mass media in Bangladesh. Government ownership of the issues also played an important role in this regard. But large-scale campaigns from GOB or donor organizations against child labor are still absent. Street drama staged in rural and urban areas having large concentrations of specific industries employing child labour has been found very fruitful in raising awareness. Such dissemination has been found to attract people and sensitize them. Similarly using popular and folk media can be effective in raising awareness of people on child labour. In rural areas and in many urban areas, radio is a popular means of recreation but, no major campaign against child labour has been initiated using this channel.

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Involvement of communities, employers, guardians in monitoring workplaces, removal of child workers and preventing entry of new child workers into workplaces can be effective to some extent. This entails community and family ownership of the issue. The employers who contribute most in employing child workers can contribute most in preventing child work. Mapping of community resources (private/public entities and individuals) is crucial for seeking and widening alliances and additional services at the local level. Strategy 6: Advocacy with government for protective legislation, effective implementation of existing laws and development of national policies and plan of action On child labour issues, donor organizations and NGOs have been actively involved in policy advocacy with government for quite a long time. Although government has included the child labour issue in its national plan of action for children, implementation of its commitments is not that visible. For prevention of child labour, GOB’s main strategy is prevention through diversion of prospective child workers to various education schemes, both formal and informal and food for education projects, and through its mainstream poverty reduction initiatives. Thus although child labour has been taken by GOB as a special child protection issue in its national plan of action for children, the prevention strategy has been only a part of its overall education and human development strategy. Another strategy, as mentioned in National Plan of action for Children, for prevention of child labour is appropriate intervention in urban and rural areas against potential child workers by reducing vulnerabilities. Children affected by natural disasters or family disruption are vulnerable. Many such children are found on the streets of major cities. For such destitute children, the Government has some social welfare schemes such as shelter homes, orphanages, vocational training centers where destitute children are provided with education and some non-hazardous skill training. But considering the huge number of such destitute children supplied to the labour market, such government schemes are inadequate. After ratifying ILO Convention No. 182 on the Worst Forms of Child Labour, the GOB, with assistance from US Department of Labour and ILO, initiated some projects for intervention in specific hazardous sectors to remove child workers. But those projects adopted the strategies already adopted by other donor-supported projects and did not prove to be very successful. Increasing the maximum age of children up to 18 years is not favoured because such a provision can reduce national productivity. Government argument is that the physical structure and mental maturity of Bangladeshi children are different from that of children in developed countries. So the standard of child rights and minimum age for being a child practiced in developed countries are not applicable in Bangladesh. In a rural and agro-based economy, male children play an important role in family business and agriculture and if their age-limit is increased up to 18 years they are debarred from taking part in such work it will reduce agriculture productivity. Moreover, rural agricultural work is deemed less hazardous than urban industrial works. On increasing the maximum age for children, The advocacy of

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NGOs and donor organizations to increase the maximum age for children did not produce much impact. The GOB, has been trying to introduce, with assistance from UNICEF, a compulsory birth registration system in the country. Due to lack of any birth registration system, it is difficult to determine the age of a child worker in small and medium industrial establishments. It is difficult for inspectors and employers to determine age of child workers because of corruption. Although the Government emphasizes the need for effective implementation of labour laws to prevent child labour, its capacity is weak. Under the Ministry of Labour and Employment, there is one Department of Inspection for Factories and Establishments under which there is one chief inspector, 61 inspectors of factories and 48 shops and establishment inspectors for the whole country. This is inadequate to inspect regularly all the medium and small enterprises in major cities to control violation of labour laws. Thus employers regularly employ child workers without regular oversight from government inspectors. Moreover, there is corruption among inspectors, who on receiving kickbacks provide clearance to establishments as free of child labour. Strategy 7: Institutional development and capacity building of government organizations, NGOs, trade unions and employers’ organization In most of the donor supported projects for prevention and eradication of child labour, NGOs were given responsibility to deliver and implement project services. This has been partially successful in rural areas (tobacco, child sex workers), where NGOs have a good network of beneficiaries and constituencies. But in urban areas, where child work (construction, leather, domestic) is more hazardous than in rural areas, involvement of workers and employers organization can be more effective than the NGOs. This was revealed in making the garments sector free of child labour. It has also been found that NGOs need more capacity building support for implementing integrated and interconnected strategies in management of child labour projects. In prevention and eradication of child labour, most of the interventions are sectorwise through donor-funded projects. Many of these projects do not have sufficient baseline data and information, which create problems in implementation of strategic approaches. Moreover, reduction of child labour should be achieved in a gradual, systematic and sustainable manner rather than focusing on achieving physical targets such as numbers and delivery rates, which many of the child labour projects follow. Conclusion Poverty, social attitudes and sensibilities are the phenomenon behind child labour in Bangladesh. Next to poverty, the most important obstacle that needs to be addressed is the attitudinal problem. There is a general permissive approach to parental exploitation of a child’s work, and an implicit recognition that children have a duty to maintain and support parents. Culture is a factor, not necessarily only in the attitudes of parents but in the views of policymakers. Without addressing

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poverty, unemployment and underemployment and attitudinal issues that generally give rise to child labour, not much success can be achieved by simply trying to formulate and implement the hazard-focused strategies against child labour. Thus, even those girl children who were asked to leave the garment factories under an agreement among the relevant parties were not adequately rehabilitated resulting in increasing number of child sex workers. In any case, an outright abolitionist approach may serve as a ‘quick fix’ solution for particular industry or sector but not for the country as a whole, and in a sustainable manner. Despite the hazards and exploitation in Bangladeshi garments industry, getting in early as apprentice may have been a positive advantage for poor girls, given that their future s are so bleak. Another problem with the abolitionist approach is that it has earned a bad reputation in Bangladesh not so much because it is driven from outside, but its proponents could not counter the allegation that not altruism but domestic market considerations in the developed countries are behind this move. According to expertsa, instead of complete ban or withdrawal of child labour, more appropriate policy package may be adopted, which could consist of (a) humanizing the hours and conditions of work; (b) legally banning specifically hazardous and undesirable types of child labour; (c) combining education with work; (d) punitive measures not against a particular product/sector but of a generalized nature, in case of violation of an agreed-upon child labour standard. References Bangladesh Bureau of Statistics (BBS), 1998, Statistical Pocket Book, BBS: Dhaka. Bangladesh Bureau of Statistics (BBS), 2003, National Child Labour Survey, BBS: Dhaka. Bangladesh Education Sector Review. 2000. University Press Ltd: Dhaka. Grimsurd, B. 2003, Millennium Development Goals and Child Labour, UNICEF, ILO and World Bank. ILO. 2002. Briefing notes on USDOL, Worst forms of Child Labour Project, ILO: Dhaka. Rahman, W, 1996, Rapid Assessment of Child Labour Situation in Bangladesh, ILOUNICEF: Dhaka. Sattar, P.R. 2004, Child labour in the urban informal economy of Dhaka city: lessons and experiences gained in relation to strategies applied, ILO-IPEC child labour project in urban informal economy, Dhaka: Bangladesh. UFDPA, 2003, State of the World Population, Bangladesh Statistics, UNICEF: Dakha. UNDP, 2004, Human Development Report, UNDP: New York. World Bank, 1977, Child Labour: Issues and Direction for the World, World Bank: Washington DC. World Bank. 2004, World Development Indicators, World Bank: Washington DC.

Chapter 7

An Overview of Child Labour in India Subhashini Subbaraman and Harald von Witzke

Introduction Child labour remains a serious social and economic issue confronting the developing world. Much effort has been spent by international organisations and national governments alike in combating child labour. Recent statistics show a downward trend in child labour especially the worst forms (ILO 2006a). Abolition of child labour is also listed as a core labour standard (OECD 2000). Globalisation and increasing trade between the north and the south have helped to bring this issue into focus and increase awareness among the public. Child labour has been a subject of intense public scrutiny as a result of media reports, and the work of the ILO and other international organisations. The research and outreach activities of the nongovernmental organisations have also increased considerably in this sector. There is a conflict between eastern and western notions of childhood. The rigid western view being that use of labour below the age of eighteen is exploitation which leaves no room for alternative views from countries with different patterns of social and economic development (Gayathri and Chaudhri 2002). These conflicting notions have led to debates about the definition of children (based on age) and child labour (based on the nature of work). Many countries including India define a child as a person under the age of 14 years and international conventions define them as persons under the age of 18 years. In the eastern world, child work is a part of growing up in consonance with family values and structure and it acknowledged that the child contributes to the well being of the family (Gayathri and Chaudhri 2002). Child work includes light domestic chores, has certain learning values and aids in the child’s mental and cognitive development. Rural work primarily in agriculture is sometimes included as child work because it is light and can be combined with schooling. When child work turns into child labour taking away school and leisure time, it damages the normal development of a child. Child labourers can be defined as economically active children where there is a monetary benefit for the work done. It is universally accepted that child labour, especially the worst forms, affect the normal growth of children by affecting their physical, emotional and cognitive development. Perpetuation of child labour will also have adverse effects in the nation’s economy through various short term and long term effects on the labour market, growth and development through unproductive, unskilled labour force and also on social development through poor literacy rates. Efforts of the International Labour Organization (ILO) in combating child labour were very crucial in highlighting the plight of working children. The ILO convention

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No. 138 on minimum age and No. 182 on worst forms of child labour deal with child rights and many nations have ratified the conventions. Nations that have not ratified the conventions have an obligation arising from membership in the ILO to respect and promote the principles concerning the fundamental rights of the child. The International Convention on the Rights of the Child (CRC) was adopted by the UN in 1989 and came into force in September 1990. It is ratified by all nations except US and Somalia. Its enforcement is monitored by the committee on the rights of a child. CRC defines any person under the age of 18 as a child. Many countries have ratified both the ILO and UN conventions and made laws declaring a ban or a semi-ban on child labour. A semi-ban on child labour prevents young children from being employed only in hazardous industries. The Millennium Development Goals (MDG) do not address child labour directly though it aims at reducing poverty and achieving universal primary education. Both poverty and primary education are central to the issue of child labour. There had been criticism that child labour issue is missing from the MDGs, pointing out that, child labour as an indicator of economic growth and distribution would well serve a MDG (Global March 2005). Child labour in India As a developing country, India has the largest child population in the world, although the percentage of working children is lower than in many other developing countries in Asia, it has the largest number of working children in the world. A major problem associated with obtaining accurate numbers of child labourers is due to employers and parents declining to divulge information on working children, as child labour is legally banned in many occupations. Therefore official statistics may not reveal the true extent of the problem. Approximately 9.33 million children in India are actively engaged in work between 1999-2000 (NSS 55). Different sources show different trends in child labour. The downward global trend in child labour is also noticed in the NSS surveys. It shows that in China child labour has fallen from 13.95 million in 1991 to 9.33 million in 1999-2000. However, the census data show an increase from 11.28 million to 12.66 million child workers. The overall percentage of working children in the workforce has decreased form 5.37 per cent in 1991 to 5 per cent in 2001. An alternative approach to calculate child labour numbers is (based on the assumption that children out of school are potential child labourers) through the difference between the total child population and the school enrolment rates. This difference and the official child labour numbers show the number of ‘nowhere children’, children who are not enrolled in schools and not reported at work. These children could be just at home as domestic help or employed in hazardous occupations banned by law. Table 7.1 shows the child labour population using the discrepancies in data on child labour from the NSS 55th survey on employment and unemployment data in India for the year 1999-2000. The classification is based on the ‘usual activity

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statuses’ of children. Around 81.7 per cent of children in the age group of 5-14 years are reported either at school or are economically active. A significant percent of children from the rest are not reported at school or at work. It is a grey area where it is not known where the children are and why they are out of school. Some of them are working in their own household enterprises. Since their economic benefits go directly into the profit of the enterprise they are not counted as child labourers. It also includes children helping their own families in domestic work, children seeking work and in other types of casual employment where no wages (monetary benefits) are reported. It further includes a group of children classified as ‘others’, which is not properly defined. Though it is not correct to brand all of them as labourers, it is true that all of them are deprived of education. Few of the children categorised here are disabled children. Absence of schools or facilities at schools to accommodate such children reflects failure of the government’s education policy.

Table 7.1 Statistics on child population and working children Category of children 1. Attending schools 2. Economically active Total reported at school or economically active or both Household enterprises, child work and seeking work Others Total unreported children Total children

Percentage to total number of children 80.8 0.90 81.70 3.99 14.31 28.30 100.00

Source: calculated from NSS 55th survey on employment and unemployment data.

Figure 7.1 describes the sectors in which children are employed. Agriculture and allied activities still remain the sector employing more than half of working children in India ie. 55.34 per cent. Manufacturing and trade employ 23.43 per cent of child labourers. Approximately 75 per cent of the rural child labourers work in agriculture and allied activities in rural areas. In urban areas, children work predominantly in the secondary (36 per cent) and tertiary (60 per cent) sectors, with manufacturing, construction, trade, hotels, restaurants, and private and households being predominant employers. The sources of demand for child labour vary widely in rural and urban areas. Studies show that child labour promotes gender inequality. Gender bias already exists in employing children. Family decision on which child should be sent to work leans more toward the male sibling. In some families boys are also given preference over girls in education while girls are preferred for domestic help. According to Basu (1999), the relationship between working mother and a girl child as an inverted U 1

What the respondents have been doing in the past 365 days during the survey period.

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shaped curve. As the mothers start working, girl children are engaged to look after the household. But when the mother’s salary started to increase, girl children are usually sent back to school. Table 7.2 shows the existing gender bias in employing children. In the age group of 5-10 years, there is slightly higher number of girl children employed than the boys, reflecting a preference to send boys to school. Similarly, the enrolment rates are higher for boys than girls (Government of India 2001). In the 10-14 year age group, there is a larger number of boys working than girls, as girls 10 years are not sent to school or to work due to social and cultural reasons, but are preferred for domestic help. In fact, the majority of child labourers are in the age group of 10-14 years and these children tend to drop out from primary schools. Child labour is also commonly noticed in traditional industries. Many of these industries are hazardous and include the fireworks industry in Tamil Nadu, silk industry in Karnataka, brassware industry of Moradabad and glass bangles industry in Andhra Pradesh and Uttar Pradesh.

Figure 7.1 Sector-wise distribution of child labour in India (in per cent) Source: Calculated from NSS 55 Survey on employment and unemployment, 1999-2000 data.

Bonded child labour Bonded labour has endured for centuries in South Asia and is also linked to longstanding caste based discrimination. India is the first country to have acknowledged the presence of bonded labour. Bonded child labour is forced child labour, and is termed as one of the worst forms of child labour. Bonded children are employed to repay their parents debt or sold for money to work for a certain period of time. Sometimes child’s work is a part of the forced labour provided by the entire

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family. Several studies have demonstrated the relationship between credit markets and child labour.

Table 7.2 Distribution of child labour across age groups and gender Age group (years)

Male

Female

Total

5-9 10-14 Total

2.9 57.2 60.1

3.7 36.2 39.9

6.6 93.4 100

Source: calculated from NSS 55 Survey on employment and unemployment data, 1999-2000.

According to UNICEF, approximately 40-50 per cent of forced labourers are children. The bonded children are very vulnerable and work under exploitative conditions. They are not paid for their work and live at the work place, often lacking basic amenities. Abuse at work is also not uncommon. Though, studies into bonded child labourers are limited, discoveries of bonded labour and their subsequent release are frequently reported in the press. Their hideousness arising out of their illegality makes it very difficult to properly study them. Despite the strong legal provisions, there is a general lack of will among authorities to strictly implement existing laws. The Bonded Labour System (abolition) Act of 1976 has penal provisions to imprison the perpetrators up to three years. Till 2004, 4859 prosecutions have been reported under the Act (ILO 2005). Nearly half of them were reported in Uttar Pradesh but information is lacking on the actual number of convictions. Causes of child labour Understanding the causes and consequences of child labour is crucial in formulating policies to reduce the incidence of child labour. Though the subject has been under discussion for a long period of time, there is an inadequacy of formal analysis. There are many factors working in combination that promote and perpetuate child labour and therefore the issue can never be studied in isolation. There are social, economic, cultural and political factors, however, two factors namely poverty and an inappropriate education policy are predominantly important. There is also a link between poverty and literacy rates. The literacy rates increase with increasing income levels. The NSS report on literacy and levels of education in India show that in families with higher monthly per capita expenditure, literacy rates are also higher (NSS 2001). Figure 7.2 presents the complexity of poverty and child labour. Altruistic parents send their children to work only when the total family income falls below a subsistence level. They also withdraw children from work once the family income rises considerably. Credit constraints of the parents can increase the incidence of child labour. Ranjan (2002) shows a positive relationship between inequality of

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income distribution and incidence of child labour. As long as the cycle of poverty and child labour is not interfered with by policy measures, the cycle will perpetuate and the children of ex-child labourers end up as child labourers as well. Emerson and Souza (2003) showed the intergenerational persistence of child labour in Brazil. They show a strong positive correlation between parents being ex-child labourers and their children being employed. However, when the parents’ education level increases, the probability of the children being employed decreases.

Poor Household

Less family income

Poor quality and quantity of education Poor /No savings

Many children

Informal labour market

Early marriage Social and cultural factors and economic pressure

Poor wages

Credit market failure

No Education/School Drop out

Early entry into labour market

Lack of legal provisions/ f t

Figure 7.2 Cycle of poverty and child labour

In recent years, India has been experiencing a higher economic growth and child labour is prevalent not only in poorer states but also in states with higher growth rates such as Maharashtra. The prevalence and expansion of child labour in a period and region of relatively high aggregate output indicates that the nature of economic growth is flawed (Swaminathan 1998). Similar results were obtained by Kambhampati and Rajan (2006), who showed that economic growth leads to an increase in child labour rather than a decrease.

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Table 7.3 presents the economic characteristics of selected Indian states which show the high literacy rate, high HDI rank, high per capita consumer expenditure and very low child labour in Kerala. The states with high incidence of child labour are Bihar, Madhya Pradesh and Uttar Pradesh, including Rajasthan, referred to as BIMARU (Bimaar in Hindi means sick) in the 1980s, due to their backwardness. These states are still lagging behind according to the HDI rankings. Though per capita state GDP has certain ambiguities in measuring an individual’s well being, because of regional disparities present in the state, it serves well to gauge the state’s economic welfare in comparison to other states. The state of Maharashtra, with large manufacturing industries has a high incidence of child labour. Similarly, Andhra Pradesh and Karnataka which have recently experienced growth in the information technology sector and Business Process Outsourcing, but economic growth is limited to certain pockets. Adult unemployment is considered a cause for child labour in several studies. Table 7.3 shows that the state of Kerala has the highest level of unemployment in the selected states, higher than the Indian average, but also has the lowest incidence of child labour. The negative effect of adult unemployment on child education is the result of a high rate of literacy prevailing in this state. Though, the unemployment rates appear very low in certain states, a vast section of the population lives below the poverty line. Population living below the poverty line is very high in Bihar, Madhya Pradesh and Uttar Pradesh. Andhra Pradesh comparatively has a lower population below the poverty line, and is only slightly higher than Kerala, but it has a very high incidence of child labour.

Table 7.3 States with highest occurrences of child labour and their characteristics

State

Andhra Pradesh Bihar Karnataka Madhya Pradesh Maharashtra Uttar Pradesh West Bengal Kerala Indian Average

Child labour (as per cent of workers)1 7.7 4.8 9.1 7.1 8.4 7.6 4.5 0.47 5

HDI rank3

23 30 21 32 16 31 19 1 -

Per capita state NDP 1999-2000 in current prices4 14715 6328 16343 10907 23398 9765 15569 21046 -

Adult unemployment as per cent of labour force (1999-2000)2

Per cent of population below the poverty line (19992000)2

1.4 2.4 1.4 1.1 2.9 1.4 4.0 8.6 2.3

15.77 42.60 20.04 37.43 25.02 31.15 27.02 12.72 26.10

Sources: 1. Census of India, 2001, 2.National Human Development Report, 2001. 3. Sarvekshana, 2001. 4. Economic Survey 2001-2002, Government of India.

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Education in India Since work implies foregoing the option of schooling, education is a very important factor in curbing child labour. The quality of education is a major factor and studies show that the primary reason why parents do not send their children to schools is due to their lack of faith in formal education. Lack of schools and inaccessibility are major problems in many Indian villages. Parents’ literacy rate is an important determinant of child labour, but literacy rates are very poor in many Indian states. Educating children can break the child labour-poverty cycle and educated mothers usually play a significant role in eliminating gender bias in childrens’ education. Literate parents, especially the mother, apart from influencing income and the family size, also positively influence the human capital formation of the child. The role of parent’s literacy is documented in Emerson and Souza (2003) and Ray and Lancaster (2005). The public spending on education in India is lower than many low income countries. Universal elementary education for all ie 100 per cent elementary schooling was not achieved in 2005, the target year. According to the latest census of 2001, there are around 65 million children out of school, concentrated in the states of Uttar Pradesh, Bihar, Madhya Pradesh, West Bengal, Orissa, Andhra Pradesh, Rajasthan and Assam. In these states the incidence of child labour is also higher. The relationship between child labour and schooling is a well studied theme. Though in many states especially in rural areas children combine work and schooling, it is proven to be still undesirable. Ray and Lancaster (2005), in a cross country analysis conclude that children’s work, even if limited can adversely affect child’s schooling by reducing attendance and performance. Table 7.4 presents quantitative and qualitative characteristics of schools in the same states. The literacy rates have improved in India albeit slowly. The current national literacy rate stands at 64.8 per cent. In many selected states particularly, Uttar Pradesh and Bihar, the literacy rates are lower than the national average. Kerala has a literacy rate of 90.9 per cent, the highest in India and child labour is quite low (Table 7.3). State spending on education varies from 2-4 per cent in all states including Kerala, which is low in spite of being higher than the national average. The central government’s spending on education is also lower than many other developing countries. Poor facilities affect the quality of schooling and human capital output of the state in the long term. The number of schools operating in a single room building is very high in many states, especially in Andhra Pradesh and West Bengal. The numbers of such schools are lower in Kerala. The average number of teachers per school is considerably lower in all states with high child labour except for Kerala. The drop out rate is the percentage of students leaving school during grades 1-8 which is perceived as an indicator of the quality of schools’ performance. Reports show that drop out rates are higher for girls than for boys. The primary reasons for high drop out rates are poverty, lack of interest in schooling among parents and students, friendly environment at school, confidence about usefulness of schooling and being unable to cope with demands of schooling. Many states with higher incidence of child labour also have high drop out rates, above the national average.

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Kerala shows a negative drop out rate, indicating higher enrolments and very low drop outs. Higher literacy rates present in Kerala help to maintain higher enrolments and lower drop out rates. Kerala remains a role model for states with child labour, reasserting the belief that child labour could be fought with increasing literacy levels through policies promoting quantity and quality of schools.

Table 7.4 States with highest occurrences of child labour and their educational characteristics

State

Andhra Pradesh Bihar Karnataka Madhya Pradesh Maharashtra Uttar Pradesh West Bengal Kerala Indian Average

Literacy rates1

Spending on education as per cent of state GDP (19981999)2

Percent of single class room schools (2004-05)1

Average number of teachers/ school (2004-05)1

Dropout per cent (18 classes)2 1998-99 (provisional)

60.5 47 66.6 63.7 76.9 56.3 68.6 90.9 64.8

2.43 4.02 2.92 2.69 2.21 3.09 2.71 3.25 0.501

23.7 11.3 12 8.2 9.2 2.1 17.1 1.7 na

5 3.1 4.3 3.4 5.8 2.8 3.9 10.2 na

73.30 77.06 61.36 48.64 39.14 53.11 74.20 -4.25 56.82

Notes: 1 The number represents the central government’s expenditure on education and not average of all states. na – not available. Sources: Elementary Education in India: State Report Cards, 2005, National Human Development Report, 2001.

Table 7.5 shows the rates of return to education in rural and urban India across primary, secondary and tertiary sectors.2 The presence of negative returns to education in rural India is a signal that both educational policies and rural employment policies have failed. But these results show just the private returns to education. The social returns of having better educated citizens may be higher but difficult to measure. Reports by the planning commission of India note that agriculture has lost its potential for employing increasing numbers in rural areas. There are not many potential employment providers in rural areas. There are reports of casualisation of agricultural labour where marginal and landless labourers are falling into the ranks 2 The rates are calculated from the results of Mincerian regression done on NSS data, from the years 1999-2000.

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of casual wage labourers. Such a situation might also pull children from poorer families into the labour market. Changing the dynamics of the rural labour market in India calls for a change in policy making as well. Table 7.5 Rates of return to educational levels across sectors in rural India

Level of education Primary Middle Secondary Higher secondary University

All rural workers

Casual labour

Wage employee

Primary sector

Secondary sector

Tertiary sector

Primary sector

Secondary sector

Tertiary sector

5.27 5.99 20.50

5.30 1.63 4.90

4.43 3.88 5.79

3.14 7.75 8.55

7.41 18.11 39.69

1.90 11.52 24.71

1.52 9.80 30.77

17.28 22.82

-0.91 -2.92

-1.94 4.13

-5.57 0.93

41.43 29.89

22.01 28.56

23.57 24.11

Source: Calculated from NSS 55th round data.

Child labour in the carpet industry The carpet industry uses heavy child labour and has attracted attention primarily because the end products are exported to the Western countries. Carpet industry in India is a traditional industry originating during the Maughal rule in northern India. It has enjoyed export led growth due to the popularity of handmade Indian carpets. It is also a major foreign exchange earner and policies influencing the industry are subject to intense scrutiny. The carpet industry was one of the earliest targets to reduce child labour. The Harkins bill and the international media targeted the carpet industry in South Asia for a long time. Carpet weaving is one of the processes mentioned by the Child labour prohibition and regulation Act, 1986. The Supreme Court of India in a historical judgment in 1996 (M.C. Mehta Vs Govt of Tamil Nadu 1996) on child labour in the match and fireworks industries, criticised the central and state governments for their negligence in curbing child labour. Additional regions and sectors have been targeted. The carpet belt in the state of Uttar Pradesh was one of them. Uttar Pradesh is one of the under developed states in India. Approximately 70 per cent of the carpets produced annually originate from this region (Vijayagopalan 1993). The carpet industry in this region thrives due to the ample supply of unskilled labour in this region. The carpet industry is largely family-based where work is done primarily at home after getting contracts from local prducers. The family based units are difficult to monitor. Apart from hired child labourers and domestic child labourers, bonded family labour (including the children in the family) and bonded child labour are also prevalent in the carpet industry. The core carpet belt is spread in two of the BIMARU states of Uttar Pradesh and Bihar, where labour including bonded labour are concentrated. Around 60 per cent of child labourers in this region have migrated

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from other regions of Uttar Pradesh and 35.2 per cent from the state of Bihar alone (Vijayagopalan 1993). Close monitoring by the NGOs, media and labelling agencies have influenced the spread of the carpet industry homesteads to the state of Bihar (Sharma et al 2000). Labelling in the carpet industry The only product that has been subjected to monitoring and labelling in India is carpets. There are many initiatives like Rugmark, Kaleen, STEP and care and fair but the labelling initiatives are voluntary. Rugmark and Kaleen labels have achieved credibility. Rugmark is an initiative by UNICEF and Indo-German export promotion project. Rugmark operates in the carpet weaving regions of India, Nepal and Pakistan. Rugmark foundation offer schooling for children through Rugmark schools and also has implemented an adult literacy programme. Kaleen is an initiative by the Indian government through carpet export promotion council. The multiplicity of labels and lack of transparency in the procedure for labelling has received some harsh reviews. The labelling agencies advise their memberproducers to register with them and follow their code of conduct. Regular monitoring is conducted and the label assures the importers and consumers that the final product is free of child labour. Efforts against child labour There are intra-national efforts by the national government, International efforts by organisations such as the ILO, etc and supra national efforts, by foreign governments to curb child labour. Supra-national efforts are often viewed with suspicion since they may be based on protectionist motives. Such efforts are used by national legislations or advise to importers in their countries to avoid products suspected of using child labour. India has not ratified the two ILO conventions relating to child labour. However, there are constitutional and legislative provisions in place against child labour. Three articles of the constitution are concerned with child labour: article 21a – right to education for children aged between 6 and 14 years, article 24- prohibition of employment of children in factories and article 39- directs the state governments to form policies such that ‘children are not abused and are not forced by economic necessities to enter avocations unsuited to age and strength’. India has enforced a semi-ban on child labour prohibiting it in hazardous occupations. The Child labour prohibition and regulation Act, 1986, prohibits children from working in 13 occupations and 57 processes. It defines any person under the age of 14 years as a child. The Act was amended and made effective in October 2006, to include two more occupations, viz. employment as domestic workers or servants and employment in eateries, hotels and recreational facilities. This inclusion would directly affect 255,000 children. However, the trade sector (gross and retailing) that employs nearly 10 per cent of child labourers was not included in the ban. Inclusion of this occupation would benefit child labourers in the

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urban areas. The law might be ineffective and make children worse-off by depriving the family of income as there is no compensation for children or the family for the loss of income through child labour. The National Policy on Child Labour, 1987 recommended a project-based plan of action targeting areas with high concentration of child labour. As a result the National Child Labour Project (NCLP) was designed in 1987 and became functional in 1988. The project, financed by the central ministry of labour, aims at rehabilitating the children withdrawn from employment thereby reducing the incidence of child labour in areas known for their high incidence of child labour. Apart from awareness generation and legal action, the project also operates special schools for erstwhile child labourers. It’s students are provided with a monthly stipend. The project has covered about 0.4 million children of whom about 0.3 million have been mainstreamed into schools. The project currently operates in 250 districts with high incidence of child labour across the country. India was the first country to join the International Programme of Elimination of Child labour (IPEC), a global programme operated by ILO in 1992 and its operation in India was extended from time to time and was recently extended till Dec, 2006. During the period, 1992-2002, IPEC supported over 165 projects. The programme also operates state based projects, identifying child labour prone districts in the state. The programme works in tandem with NCLP. Under the ILO- IPEC project, central ministry for labour and the US department of labour developed a project, INDUS, aimed at rehabilitating children working in 10 hazardous sectors. The project will directly benefit 80,000 child labourers and it plans to support 10,000 families of former child labourers. Efforts are made not just through Ministry of Labour but also through the Education Ministry, like the project universalisation of elementary education (Sarva Shiksha Abhiyan), aimed at bringing all children of primary school age, 6 to 14 years, into schools by 2010. It also aims at improving the quality of education offered. However, it recently missed its target year 2005 creating some concerns. Conclusions and policy options As child labour is closely related to poverty and other social issues, tackling child labour should be a priority goal for both the state and central governments. History shows many countries have successfully resolved the issue. Child labour can be reduced by increasing returns to education, higher literacy rates, technological growth that reduces demand for unskilled labourers, rise in wages as a result of technological development. Overall, economic growth might have the major positive impact on child labour as seen in China, where child labour has declined along with rapid economic growth (ILO 2000b). •

As seen earlier, performance of the educational policy is poor and lack of faith on the quality of schools and formal education drive children into the labour market. The Education system needs an urgent revival starting from an increase in public spending on education.

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•

•

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•

•

•

•

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There is a multiplicity of projects operated in India but there is a mismatch of projects being operated compared with the number of children working. The project on universal education has failed to achieve its target for this reason. The ban on child labour is limited to certain occupations. Though there have been amendments, many occupations where children are employed are still not identified. Cooperation between state and central governments in the projects is limited and increasing cooperation between them will make projects more viable. As the funds flow from the central or the state government, it passes through various levels of hierarchy before benefiting the poor, making the projects more susceptible to corruption. Local governments such as village Panchayats should also be involved in project planning and supervision. Participation by grassroot- organisations will be an effective counter-tool against child labour. In addition, strict measures have to be taken by the state and central governments to ensure successful implementation of the legal provisions already in place. Credit market regulation is crucial to prevent children from entering the labour market and also to finance their higher studies. Presence of positive returns to university education points out that there is room for private financing. State should also bear the burden of financing higher education. Employment opportunities in the rural labour market are drying up and there is an urgent need for a policy revamp. There is a decline in the growth of rural labour employment and an increase in unemployment rates. Agriculture no longer remains a promising employer and there is an increasing casualisation of the labour force which can encourage child labour. National Rural Employment Guarantee Act, 2005 guarantees employment and provides non employment allowances. This Act is soon to be enforced in the entire country. More incentives for families below the poverty line to send their children to school are required. Noon meal schemes for children studying in government schools have proved successful in fighting child labour and helping children get healthy meals. Though Noon meal scheme is implemented in many states, it is not universal in all schools. It should be made universal and providing a stipend for ex-child labourers is also an option. Non formal education might be introduced for current child labourers, as a short term measure to educate them and allow them to work as well. These children should be brought into main stream education in the course of time. In the absence of this, the non formal schooling will impart a positive effect on their future earnings and inform them about their rights as children. Making labelling compulsory and increasing surveillance measures can curb child labour incidence in the carpet industry.

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References A.N. Sharma, R. Sharma and N. Raj. 2000. “Impact of social labelling on child labour in India’s carpet industry,” ILO/IPEC working paper, Institute for human development, New Delhi. Basu. 1999. ‘Child labor: cause, consequence and cure, with remarks on international labor standards’, Journal of Economic Literature, 37:1083- 1119. Emerson, P.M and Souza, A.P. 2003. ‘Is there a child labour trap? intergenerational persistence of child labour in Brazil”, Economic development and cultural change, 51: 375-398. Galli. R. (2001). ‘The economic impact of child labour’, discussion paper, ILO, Geneva. Gayathri. V. and Chaudhri, D.P. 2002. ‘Introduction’, Indian Journal of Labour Economics, Special issue on child labour: Dimensions and policy options, 45: 443-450. Global March. 2006. ‘Review of Child labour, Education and Poverty Agenda – India Country Report’, Global March against Child Labour, New Delhi. GOI. 2002. “National human development report,” Planning commission, New Delhi. ILO. 2005. “Global Alliance against Forced Labour,” International Labour Office, Geneva. ILO. 2006a. “The end of child labour: within reach,” Report of the director general, I (B), International Labour Office, Geneva. ILO. 2006b. Economically Active Populations: Estimates and Projections (EAPEP data version 5), 1980–2010. Geneva: ILO. http://laborsta.ilo.org/ INDUS, http://www.labour.nic.in/cwl/indus.htm IPEC, http://www.labour.nic.in/cwl/ipec.htm Kambhampati. U. and Rajan, R. 2006, ‘Economic growth: a panacea for child labour?” World Development, 34:426-445. Ministry of Labour, Government of India, http://www.labour.nic.in/cwl/nclp.htm National Human Development Report. 2001. Planning Commission, Government of India, New Delhi. NSS. 2001. “Literacy and Levels Of Education In India,” Report No. 473, National Sample Survey Organisation, Government of India. OECD. 2000. “International trade and core labour standards,” OECD publications, Paris. Ranjan, P. 2001, ‘Credit constraints and the phenomenon of child labour’, Journal of development economics, 64: 81-102. Ray. R. and Lancaster, G. 2005. ‘Impact of children’s work on schooling: a cross country evidence,’ International Labour Review, 144: 189-210. Sarvekshana (2001), 86th issue, vol. 24 (4) and vol. 25(1), National Sample Survey Organisation, Government of India. Swaminathan. M. 1998. ‘Economic growth and persistence of child labour: evidence from an Indian city’, World Development, 26:1513-1528. Vijayagopalan. S. 1993. “Child labour in carpet industry: A status report,” National council for Applied Economic Research, New Delhi.

Chapter 8

Child Labour in India: A Critical Evaluation of Four Issues Anna Pinto

Introduction Before considering specific concerns or even the problematique of child labour, I should like to explore broader perceptual, contextual and historical frameworks that determine, in frequently unexpected ways, the attitudes and therefore approaches and responses to the situation. In any society, including the non-human, the condition and prioritization of its young in the normal course of its functioning, is the bottom line indicator of that society’s health and survival prognosis. What does the state of our children, in this proudly global world say about ours? Children have never and can never be the segment of society protected above all others, shielded from a single one of the admittedly appalling atrocities that have been and are inflicted upon them in the course of what we assume as “ordinary”, inevitable and even desirable ways of life. Unless and until the gamut of social norms including the proclivity to amass wealth and power, to pursue happiness proscribes and is subject to any rationalizing or the smallest modicum of exploitation of the defenseless, powerless or vulnerable they, like other such groups will bear the brunt of our misadventuring. It is doubtful that such humane society has ever existed. Can we, in the face of ethical and normative trends today suggest that we are progressing towards it? Humbly though in desperate hope of being mistaken, I think not. Re-thinking the assumptions Do we include in our understanding of child labour or even exploitative child labour, those children engaged in highly remunerative, high profile, desirable economic production such as modeling for high priced consumer products, film or “pop” stars, child prodigies of various persuasions? They too are, as we are all aware from the intrusions of tabloid journalism and “informed” investigations, subject to extreme emotional and psychological trauma (not to mention vulnerability to sexually and physically abusive portrayal, experience, demands) that compromises emotional, intellectual and physical health and development. Why not? Is it because the targeted (if unconscious) promotion of the very specific image of child labour permits us to remain blind to the dominant system of

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production and marketing as intrinsically detrimental to the range of social norms values and priorities? Are we in fact excluding “…14, 11, 5 or 8 - year-old Mylappa, Pomabhai, Swati or Gita; a patently unwashed, undernourished dark-skinned waif; bonded to an inhuman, greedy landlord, industrialist, wealthy housewife, brothel owner, rapacious warlord, whose uneducated, uninformed, callous, helpless, father or single mother has taken a loan to repair a house, pay a hospital bill, find food for 6 other children; is abandoned in the throes or aftermath of a Tsunami or genocidal conflict; whose day begins at 5 am and ends at 8 pm or the reverse; whose income is a fraction of a US dollar, whose ambitions to be a teacher, doctor or engineer are purely economic fantasies; whose government is indifferent, negligent, ignorant, bankrupt, at the tender mercy of NGOs, activists, theoreticians and the public’s small donations, learned treatises and large campaigns to eliminate, eradicate, or alleviate poverty, hunger, illiteracy, adult unemployment, unfair trade…” (UNDP, World Development Report, 1996-2005) from our count of human children? At present we are not even quite certain of whom we count as children in different specific circumstances. What, besides an approximate chronologically measured physical existence span defines or is appropriate to define childhood, a child? Should such definition include or exclude other criteria? What other criteria and to what extent? Then what is labour? What is hazardous? In the polluted air of industrial centers, breathing is hazardous, even lethal. Is arduous sports training or the ordinary familiar school system eligible to be described as labour or hazardous, given its casualties? Is it fundamentally because, as the values determinators of a “global” society, we have either not or insufficiently questioned its over-riding values? Access to money, consumerist and narrow, specifically defined privileges, luxuries or indulgences as the sole or at least the prime indicator of well-being. Are we, after promoting such values relentlessly, now virtuously and safely horrified at the merely more obviously tragic and vicious fallouts, obstinately or blindly denying the roots or the more exotic, profitable and titillating fruit? Explicitly, how many poverty stricken girls between the ages of 4 and 14 are demanded by the sex industry as a mass cultural response to images of a single 14 year-old-Britney Spears music video? Are any of us truly innocent of exploiting both them and her? What do we mean by poverty? Or the absence of it? Does the assessment of USD 1 per day of disposable income or of 3 or 5 times that quantum, actually reflect either redemption from its effects or an appraisal of investment to insure populations from it? Very little of the vast collective experience among indigenous, peasant, rural communities suggests that this is so.

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The pre-requisites for that which makes a life and a society human and vibrant cannot and must not be determined by numbers, least of all numbers quantifying tradeable commodities i.e. money. Price cannot signify the right of access to food, shelter, clothing, water and healthy living environment. Education in its intrinsic and non-negotiable sense includes all those determinants that permit it to proceed unhindered. They cannot be exchanged for varied goods, which may or may not be fundamental to human life and human society. Knowledge, skills and information together with equitable access to these must reflect and answer comprehensively and effectively, aspirations, needs and perceptions of almost infinitely varied socio-cultural contexts. In our concept and investment in the values of development – of both society and children – how clear is our commitment to the future? Are we merely complicit in stockpiling and aggressively accumulating for the present and the private, (however extended our address) lulled into believing that partial and ad hoc approaches to solving systemic problems are the responsibility of a single sector (whether governmental or commercial)? When commercially determined economic trends are simultaneously eroding beyond recovery and survival the global natural resource base and enhancing the trends of skewed distribution in both assets and income such anomalies as upsurge in the incidence and decline in the conditions of child labour and slavery in the apparently most stable or “growth-oriented” economies and societies will persist. In this socio-economic environment, they are scarcely anomalies; they are the foundation. Within this paradigm let us review the established frames of analysis and comprehension of child labour issues: Issue 1: It is difficult to cite a reasonably accurate current figure for the number of children engaged in child labour, but we know that it runs into several millions, hundreds of millions, and is a growing phenomenon. The difficulty in the assessment of numbers is attributed to the fact that the Indian Government has been negligent in its refusal to collect and analyze current and relevant data regarding the incidence of child labor. As of 1996, official figures continue to be based on 1981 census figures (Human rights watch 1996). The 1981 Indian Census approximated 13.6 million Indian child labourers in India (Weiner 1991). Indian government extrapolations of this 1981 data place the current number of child labourers at between seventeen and twenty million. This extrapolation seems highly unlikely as the Official National Sample Survey of 1983 [of India] reports 14 million child labourers, while a study sponsored by the Labour Ministry, concluded that the child-labour force was 44 million (Weiner 1991). UNICEF cites figures ranging from 75 to 90 million child laborers under the age of fourteen i.e. between 10 and 30 per cent of the total population. A universal difficulty in obtaining accurate data may be that of individuals failing to report child labour participation during surveys, for fear of persecution (Majumdar 2001). They may work with or without wages, in the organized or informal sectors, within or outside their families, under conditions that are demonstrably damaging to their physical, social, emotional and spiritual development, subsidizing India’s

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economy (simultaneously lauded and promoted as one of the fastest growing and most stable in the world) as their basic rights to education, health, leisure are violated. At least 15 million are bonded labourers. Most were put into bondage in exchange for comparatively small sums of money: Mrs. 2000 (about 35 U.S. dollars) for perhaps 10 years of literal slavery. Available statistics suggest that more boys than girls are so bonded. However, this would not comprehend full-time housework performed in the vast majority by girls, in order to enable their parents to work. Girls are also preferred as domestic workers, where hours are typically long, the work arduous (and extremely pressured, ask any housewife!) the conditions deplorable and who are rarely included in the counting. Hundreds of thousands of children are working in the brutal slavery of sexual commerce. Their ages range from 4-18 years with a trend towards a pre-adolescent and younger adolescent profile p to about 80 per cent, are girls from deprived economic and gender discriminatory social backgrounds. There is now increasing concern about children being inducted for commercial purposes into the sex trade and becoming subjects of shocking sexual abuse and sexual diseases. There are no reliable statistics available about the number of prostitutes – least of all about child prostitutes – but according to some newspaper reports, the number is around 0.4 million. Reports and some studies on prostitutes and prostitution point out that there are some social groups and communities in various pockets of the country in which family based prostitution is traditionally practiced, but statistics about their numbers are also not available. No estimates are available even about the number of child Devadasis and Joginis though these systems have been traditionally in existence as socially sanctioned forms (Srinivasan 1984, Mowli 1992). Results of surveys conducted on the incidence of sexual abuse and commercial exploitation, including interviews with children indicate a clear nexus between social marginalization or discrimination, conflict or disaster experience and sexual violence and exploitation (CORE 2001). More than 30 per cent of girls (under 18) currently engaged in commercial sexual activities have either come to the situation through abuse during or immediately after a conflict experience or are compelled by poverty and responsibility for siblings and family to engage in this activity after displacement instigated by natural disaster, development interventions or socioeconomic causes stemming from policy that does not protect small and marginal landholders, but instead functions to displace them in favour of corporate and large holdings. Similarly existing, if suppressed, information strongly indicates hundreds of thousands of children, some as young as 11 years, are active as combatants in violent movements and in security forces deployed in chronic, complex, internal or domestic armed conflicts as well as in those that are considered war. Two-thirds are presumed male (CORE 2000, CORE 2004). The Government of India emphasizes that children are not inducted into the armed forces and hence do not take a direct part in hostilities. However, recruitment posters and hoardings clearly state recruitment age as 16, though they claim not to put them in the field before they are 18. This policy has now been officially changed to elevate the age of recruitment to 18. Despite this, there are a number of concerns regarding these policies. Age verification is difficult in India especially, in remote regions, in

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conflict and badly serviced by administration (CORE 2000). Some recruits confide: when they told recruitment officers that they had no birth certificates (because they lied about their age), they were advised to bribe the local registrar to obtain fake certificates. Though there was no open talk about falsifying ages, they believe that the recruiting officers were fully aware of the real terms of the discussion. One of the few recruiting officers, whom we were able to interview, admitted that there were certain quotas they (the officers) were expected to fill (CORE 2004). In areas of endemic conflict, there is a high dropout rate and irregular attendance in schools (CORE 2004). The present rate of school dropouts in Jammu and Kashmir for example, is 48 per cent among boys and nearly 60 per cent among girls. Children, especially teenagers, are often instigated into active involvement in armed conflicts, in complete violation of Article 38 of the Indian Constitution. There are over a 104 armed groups active in the North-East region of India and close to half a dozen in Jammu and Kashmir (CORE 2004). Even in this age of multiple choices that is an extensive palate from which to select an affiliation. In one district of Meghalaya, which is supposed to be relatively peaceful, every child over 14 is automatically thus affiliated. That is a population of approximately 17,000 children. In the more troubled states, recruitment figures are not much lower. Such affiliation is not the classic conscription or abduction into regular frontline forces that typify the more dramatic, more publicized and largely African experience, but is asserted as the best pick from a number of poor options. The Indian Government denies all existence of this problem and therefore considers itself exempt from any attempt to redress or monitor it. Nevertheless, there are incentive packages for the surrendered (CORE 2004). Despite international law and opinion on the issue and the problems brought about by such provisions, such surrendered are directly inducted into covert operations for the country’s security forces stationed in the concerned area. India is considered a significant exception to the global trend towards the removal of children from the labour force and the establishment of a compulsory primary school education. Many countries of Africa with income levels lower than India, such as Zambia, Ghana, Ivory Coast, Libya and Zimbabwe have done better in these matters (Weiner 1991). Issue 2: Extreme poverty of individuals and families, backwardness of social norms, gender, ethnic and other discriminatory values, unsustainable population growth or any combination of these, are the direct causes of child labour, especially “exploitative” child labour, more so the “worst forms” It is almost a truism to state that child labour is a source of income for poor families. A study conducted by the ILO Bureau of Statistics found that children’s work was considered essential to maintaining the economic level of households, either in the form of work for wages, of help in household enterprises or of household chores in order to free adult household members for (more remunerative) economic activity elsewhere. In some cases, the study found that a child’s income accounted for between 34 and 37 percent of the total household income.

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The conclusion that a child labourer’s income is critical to the survival of a poor family is inescapable. On the other hand, approaches of this study are queried. It was conducted in the form of a survey, and the responses given by the parents of these children. Parents would naturally cite their own compulsions in support of their decision (Gupta 2002). They are probably right: for most poor families in India, alternative sources of income are close to non-existent. There are no comparable social welfare and security systems such as exist in the West, nor is there easy access to affordable loans. At the same time the ancient community support structures and relationships including those of traditional rights and access to basic natural resources, social obligations among different sectors in communities, are being dissolved towards the introduction of a “western” model of alienation and social insulation (Basu 1999). What is undeniable is that child labourers are being exploited, the fact shown by the pay they receive. Studies show that children are paid less than adult counterparts for doing the same type of work. In one study in Delhi’s industrial area, 39.5 per cent of child employers said that child workers earn wages equal to adults, and 35.9 per cent admitted that wages are lower for children. This figure is significant when taking the bias of employers into account. Employers should have been likely to defend their wages for child workers by denial of discriminatory wage structures, and various arguments including comparative productivity and skill. Obviously, no employer stated that children earned more than adults. Other studies have also concluded children’s earnings are consistently lower than those of adults, even where both groups are engaged in the same tasks (Groothart and Kanbur 1995). A high percentage of the Indian population is recognized as living in poverty. In 1990, 37 per cent of the urban population and 39 per cent of the rural population was identified as living below the poverty line. Poverty has an obvious relationship with child labour, and studies have revealed a positive correlation – in some instances, a strong one – between child labour and such factors as poverty. Families need money to survive, and children are seen as a source of additional income. Adults often cannot find work, in those very same families, the very same socio-economic bracket (Shehzad 2003, Haq 2003). It is clear that children are selected into the labour force. Selected by the economy, not merely the industry or the particular commercial entity. For the poor, there are few sources of bank loans, governmental loans or other credit sources, and even if they are such ready sources available, few Indians living in poverty can qualify. Here enters the local moneylender; for an average of Rs. 2000, parents exchange their child’s labour to local moneylenders. In many industries marked by the use of debt bondage, the child’s labour does not function to pay off the original loan at all. Instead, the child’s labour serves as both interests on the loan for the children are paid only a fraction of what their labour would bring them on the open market and as a surety for the loan’s repayment. The original amount loaned to the parent must be repaid in full in a single installment; only then will child be released from servitude. The children who are sold to these bond masters work long hours over many years in an attempt to pay off these debts. Due to the astronomically high rates of interest charged and the abysmally low wages paid, they are usually unsuccessful. As they reach maturity, the employer may release some of

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them in favour of a newly indebted and younger child. Many others will pass the debt on, intact or even higher, to a younger sibling, back to a parent, or on to their own children. Though poverty is cited as the major cause of child labour, it is not the only determinant. A lack of or inadequate schooling and parental attitudes also contribute to child labour. Some parents feel that children should be put to work, in order to develop skills useful in the job market, instead of receiving a formal education (Cigno and Rosati 2002). Poverty has many dimensions-low earnings because of poor or unmarketable skills, earning ability, lack of assets or access to training and education, poor health, malnutrition, absence of shelter and food insecurity. The characteristics associated with poverty extend well beyond low incomes. While child labourers do come from impoverished families, it should be noted that child labour itself perpetuates poverty, since the child labourer who survives the harsh conditions becomes an unskilled, debilitated adult who is not employed, even in the industry that earlier exploited him or her. Child labour also depresses adult wages and keeps adults unemployed (Visaria 1998). Poverty itself has underlying determinants, one such determinant in India being caste. Analyzing the caste composition of child labourers, Nangia (1987) observes “if these figures are compared with the caste structure of the country, it would be realized that a comparatively higher proportion of scheduled caste children work at a younger age for their own and their families’ economic support”. Scheduled caste children tend to be pushed into child labour because of their family’s poverty. Nangia (1987) further states 63.74 per cent of child labourers as saying that poverty was the reason they worked. The presumption is that if children do not work, they and their families will starve. It is clear however; that starvation persists even when families and their children are working. Starvation is the result of a combination of factors that include the likes of price policy, low income, low purchasing power, income disparity, unequal food distribution, poor availability of food, lack of access to food production and unequal land ownership patterns. Inequitable land distribution patterns are evident in the fact that between 1961-1991, the proportion of cultivators declined while that of agricultural labourers increased, indicating that a vast section of the population, including tribal, are getting alienated from the land. Child labour trends reflect this change. There has been a shift in number from children working on their own farm to that of others. Alienated from their land and means of livelihood, the rural poor migrate to urban centers. Food subsidies through the Public Distribution System (PDS) become inaccessible to them because proofs of residence are required for obtaining the ration card. The Structural Adjustment Program (SAP) and the New Economic Policies have worsened an unfortunate situation. For instance, under SAP, the PDS outlets have been scaled down. Poverty reflects social and cultural marginalization. The fact that most of India’s child labour comes from communities whose work largely involves manual labor reveals the wider and more complex social factors that contribute to the phenomenon of child labour. Employers are clearly guilty of being concerned only with profit, and children are evidently easily exploited with impunity. Many sectors rely heavily on

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child labour because children can be made to work for little or no wages and for long hours, without complaining. Industries such as bead making, glass making, carpets, gem and stone polishing, matches, and fireworks (note: all require detailing that can be done by tiny hands) have thrived purely on the strength of child labourers. Some of these industries (namely, gem and jewelry, carpets, brass artwork, handlooms and tea) are India’s major export earners and using child labour provides them with that competitive edge. The economics of voracious selfish interest is the only argument that supports the use of child labour. The Indian Government especially in the post reconstruction era maintains the emphasis on exports and of economic growth profile enhancement that disguises the real increase in poverty and in fact supports the processes that escalate and intensify its scope. Child labour is frequently misunderstood as aggravated by the poor having more children than they can provide for. The focus remains on the numerical strength of families, while responsibilities to assure their basic rights are ignored. Another example of this can be seen in the way the poverty index measures calorific consumption and not what people are denied in education, health and other welfare issues. Child labour, therefore, cannot be attributed primarily to population growth. This is confirmed by the fact that while the growth of the child population has declined since 1971; the statistics of child labour have not in the same way declined. Kerala, which is not the lowest in population growth, for instance, has the lowest incidence of child labour in India. This is because it has invested in human beings, in political commitment, in radical change in the countryside, in land reform, in a strong, working panchayat. Child labour is a problem that is basically economic in nature, hence legislation alone is not likely to remove it. Poverty, illiteracy, the existence of large families leading to the reduction of land-holdings to uneconomic sizes, landlessness, lack of skills to earn a livelihood are some of the reasons for children being sent out to work. To contain and reduce the problem, more avenues for adult employment in rural areas need to be created. While India is committed to complete eradication of child labour, our immediate efforts are focused on ensuring prevention of child employment in hazardous occupations. Issue 3: Children are compelled to work due to absence of schools, poor quality of education, lack of teachers and facilities and their own poor health. Provision of education services would resolve this problem by providing the most viable and productive alternatives. The formal education system, which has often been criticized as ill-designed, unresponsive to the needs of working children, irrelevant in terms of equipping children for socially productive activities, and a poor alternative for children of families engaged in traditional crafts is being remodeled through various initiatives. Children need to be retained in the education system for as long as possible. In a country like India, where the bulk of the population is linked to the rural and agrarian sectors, the system of education needs to be remodeled to suit such needs. Rural schools should have the flexibility to reabsorb a child if he drops out, have holidays during peak seasons of agricultural activity, adjust timings to suit the convenience of

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students and have special subjects of relevance to local needs. When children express a preference or acquiescence for work, it is because of their inability to conceive of an alternative. Children are compelled to work, one of the key factors being the nonavailability or lack of access to school, an irrelevant school curriculum and physical abuse from teachers. There is a deeper malaise in our society, which impacts our young children. If we continue to value a few elite qualifications far more than a real competence for doing useful things in life, and if the economic distance, between those who can manage to cross some academic hurdle and those who can’t, continues to widen, we will probably continue to spend our effort in designing hurdles, instead of opportunities to learn with joy. That parents would rather send (or keep) their children (especially girls) to work than to school has been effectively disproved as causal to child labour. A National Consultation on the Rights of the Child concluded the withdrawal of children from the labour market through mass enrollment by NGOs effectively disproves the ‘poverty argument’ very often used to justify the continuance of child labour (Ranjan 1999). The idea that some children have no alternative other than that to work is so universally entrenched that even social workers attached to agencies implementing direct support programs have been reluctant to persuade parents of working children to enroll them in formal schools. They feared that families of child labourers would not accept the idea of full-time formal schools, nor will they absorb or accept the fall in family income. Individual and community acceptance of education as an alternative to work did not turn out to be as difficult as it was generally feared to be. More difficult than parental resistance to formal schooling for their children, was the difficulty in satisfying the administrative requirements for admission. Documentary evidence of date of birth, and transfer from a previous school (in the case of children who are being re-integrated into schools) were greater barriers in enrolling children into schools (Acharya 1994). Misuse of earnings by adults (usually the father) on alcohol or other vices or indulgences is often indicted as a reason for paucity of resources to invest in education of children. Moreover, children’s own earnings are often misappropriated by such adults and any time or energy left from earning or performing work which allows others to earn is necessarily re-invested in earning again. The Department of Elementary Education and Literacy and Department of Secondary Education under the Ministry of Human Resource Development is responsible for collecting and collating educational statistics. These data are collected through Education Management Information System, which is still in the early stage of implementation. It is hoped that in the years to come the Department would be able to compile and develop more data and data that are more comprehensive. The annual report (1993/94) of Department of Education states: “Despite expansion of education, vast ground is yet to be covered for fulfilling the Constitutional mandate of Universalization of Elementary Education. Dropout rates are significant; retention of children in schools is low; wastage is considerable. There are striking disparities in access to Elementary Education, disparities between regions, rural and urban areas, boys and girls, the affluent and the deprived and the minorities and

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the others. The clientele to services in the age group of 6-14 is of the order of 152 million as on 1 March 1991 constituting about 18 per cent of the total population. Of this 51 per cent were boys and 49 per cent were girls” (Annual Report 1993/94). The number of primary schools increased from 210,000 in 1950-51 to 537,000 in 1993-94 and the number of upper primary schools increased from 13,000 in 1950-51 to 155,000 in 1993-94. The number of teachers in primary schools increased from 538,000 in 1950-51 to 1,703,000 in 1993-94 and the number of teachers in upper primary schools increased from 86,000 in 1950-51 to 10,30,000 in 1993-94. Yet, almost one third of the primary schools in the rural areas continue to be single teacher schools. Another one third of the rural primary schools have only two teachers each. Many primary schools lack even basic infrastructure facilities essential for any acceptable quality of education. The Forty-second National Sample Survey (1986-87) showed that about one third to one half of out-of-school children found school boring, irrelevant or threatening (fear of failure in examinations). Keeping in view these findings, various steps have been taken to strengthen the elementary education curriculum to make it more flexible and responsive to local needs and environment. The component of skill formation is progressively increased to relate it to the “world of work” which exercises a strong pull on a large number of children after the age of 10 years. Emphasis is being placed on participative modes of learning to encourage activity based learning and exploration, inquiry, creativity and initiative on the part of the students. The concept of minimum levels of learning (MLL) has been introduced with a view to ensuring a child-centered approach to teaching and assessment. Rather than focusing on acquiring competency in the syllabus, MLLs have been designed to ensure that children actually learn in the class. However, there have been several problems with implementation. The MLLs tend to focus on literacy and numeracy, rather than on integrated education. Teachers find the concept difficult to translate into pedagogy. Minimum competencies laid down in MLL are being reworked with a view to taking into account child development parameters. More stress is being placed on training teachers in modern teaching techniques. The Acharya Ramamurthy Committee report underlines the importance of the role and the status of teachers in the educational process and in society. The teacher is often at the bottom of the administrative hierarchy. There is now more focus on capacity-building and continued training for teachers. District institutes of education and training and State institutes of education and training are being strengthened to enable them to meet this need. Experiments in teacher empowerment like “Shikshak Samakhya” have also been taken up on a limited scale. The Kothari Commission (1964-66) recommended that the proportions of GNP allocated to education must rise from 2.9 per cent in 1965-66 to 6 percent in 198586. This recommendation was included in the National Policy on Education, 1968. The recommendation was based upon projected economic growth rates, which could not be realized. Notwithstanding the fact that the percentage of GNP allocated to education fell far short of the recommended level, spending on education as a share of GNP increased from 2.9 per cent in 1965-66 to 4.0 per cent in 1985-86.

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After the “Education for All” Summit, India committed itself to ensuring that free and compulsory education of satisfactory quality is provided to all children up to 14 years of age before the twenty-first century. Budgetary provisions of Rs 23.66 billion for the year 1994-95 in respect of the Department of Education have been made. The Government is now committed to earmarking 6 per cent of GDP for education. This is to be achieved by the year 2000. Fifty percent of these funds will be spent on primary education. However, the fact is that education investment by Government in those sectors requiring it has not effectively increased. To overhaul strategies in education and obtain a holistic vision of education, the following activities are being undertaken: • • • • • • • • •

Focusing on the constitutional obligation to provide free and compulsory education for all children, at least up to the age of 14; Promoting education as an agent of liberation and social transformation; Strengthening the school system and its links with the community; Facilitating linkages between early childhood care and primary education; Involving Panchayati Raj institutions and village education committees in planning, implementation and monitoring of education; Increasing domestic resource mobilization; Including programmes for women’s empowerment as an integral part of all educational interventions; Addressing socio-economic factors affecting education; Making curricula relevant, meaningful, interesting and linked with life. (Government of India 1996)

It is interesting to note that in the immediate wake of these commitments all education programs up to age 5 (pre schooling) are now cut and substantial commitment for assuring education for all are now diverted to the Sarva Shiksha Abhiyan (rather than regular schooling). Recently, the Government announced its commitment to the elimination of child labour from all occupations and industries and to making primary education a fundamental right. There are also experiences to show that withdrawal of children from the labour market through mass enrolment in schools receives support from parents and communities. These developments will contribute significantly to efforts for the elimination of the evils of child labour from society. The drive for the elimination of child labour received further impetus after the announcement of a new programme in August 1994 for the rehabilitation of children working in hazardous occupations. Under the programme an estimated 2 million children are to be withdrawn from employment and put in special schools to enable them to become productive members of society. For the year 1995-96, the budget allocation of Rs 3.44 million was utilized for funding projects to rehabilitate child labourers working in hazardous occupations. So far, 76 projects have been sanctioned under the programme to cover around 150,000 working children. In 123 districts where child labour is endemic funds have been allocated to carry out surveys to identify child labourers engaged in hazardous occupations. The surveys will be preceded by an exercise to categorize occupations according to degree of

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hazard, in order to cover children engaged in the most hazardous occupations on a priority basis. The total amount released for carrying out surveys is Rs 24.6 million. A massive awareness generation campaign was launched at the central level through major national dailies. During 1995-96, a total of Rs 66.5 million was also released for awareness generation activities at the district level in 133 districts. For the year 1996-97, an allocation of Rs 560 million has been made for child labour related programmes. In another recent decision, dated 10 December 1996, the Supreme Court inter alia reiterated its earlier decision concerning free and compulsory education up to the age of 14 years and also directed that the employer who employs a child in contravention of the provisions of Child Labour (Prohibition and Regulation) Act, 1986 shall pay as compensation a sum of Rs 20,000 per child, which would be deposited in the Child Labour Rehabilitation-cum-Welfare Fund. The Supreme Court also directed that in those cases where it would not be possible to provide a job to an adult family member in lieu of a child, the appropriate government would, as its contribution, deposit in the aforesaid Fund a sum of Rs 5,000 for each child employed in a factory or mine or in any other hazardous employment. The Fund so generated shall form a corpus whose income shall be used only for the concerned child. Further, in another decision, regarding child labour in Delhi, the Supreme Court inter alia directed the employer found to have employed child labour, to pay compensation as assessed by the Labour Commissioner, Delhi and, in default of payment thereof, the same would be recovered as arrears of land revenue. Given that these penalties are intended to be punitive, towards discouraging the practice, is it realistic to assume given the maximum size of the concerned penalty that any employer or even the government itself, will be so discouraged? Won’t the economic boom we are entering pay for it all. Issue 4: Given the economic situation, eradication (or even harm reduction and limitation strategies) of child labour is inevitably progressive. Without child labour a number of small, cottage and traditional industries would collapse, creating at least as many problems for child welfare as they solve. In the interim, modest targets of eradicating the worst and hazardous forms of labour, assuring decent, humane working conditions, integrating skills development and vocational training together with MLLs, incentives to employers to hire adults, awareness to the general public to build pressure should be emphasized. The International Labour Organization held a workshop to present the findings of studies that have been conducted on the profitability to an industry if child labour was replaced with adult labour. The industries examined included carpet, brassware, gem polishing, and match industries. It was found that, looking only at the economic implications, the increase in the cost of a product caused by replacing children with adults is only marginal, and can be largely absorbed by the industry. Or, if passed on to the consumer, the increase in the sale of the final product would also be marginal (Gupta 2002).

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It is possible to alter the structure of industries in a manner whereby the smallscale or informal units (which have a large concentration of child labour, making them very competitive) can be made viable without having to take recourse to the super-exploitation of women and children. One of the problems in the carpet industry is the large number of intermediaries between the manufacturer/ exporter and the weaver/ master artisan. Co-operatives of the small loom owners/ weavers, with these having direct access to the market, need to be considered (O’Neill 2003). “A carpet manufacturer, V.R. Sharma admitted in an interview that ‘it is a myth that child labour is essential and the children are capable of weaving better carpets than adults” (Indian Express 1987). A study conducted by the Madras Institute of Development Studies for the Government of India also disproved the ‘nimble fingers’ argument. The study examined the match manufacture industry, where children were supposedly employed in simple tasks for which they had a special aptitude lost to adults. In fact, not only were adults employed in all these operations, but they out-numbered children in the surveyed units. In addition, their rate of physical production was more than that of the children. There is no reason, therefore, to accept the ‘nimble fingers’ argument either on the grounds of adults’ inability to work or due to their allegedly lower pace of work. Poor working environments like closed, dark and ill-ventilated rooms damage a child’s development. The continuous hours of monotonous work can result in exhaustion and even death. According to Sheela Barse, what is often ignored is the psychological trauma children face, wherein “they get conditioned to perceive and accept oppression and slavery as normal” The tasks given to child labourers, such as labeling, filling, rolling, fetching and carrying, are simple and repetitive. By performing these tasks, children are not developing a skill so much as being subjected to exhausting, monotonous work. Moreover, the work done by child labourers actually endangers their futures. Exposure to the elements, dust, toxic fumes, and chemical solutions damages children’s health, shortening their life span and impairing their development. For instance, “in the match factory, the association of passivity with females leads to girls being expected to sit continually in the same restricted posture. It causes menstrual disorders and uterine problems which girls are conditioned to suppress”. In the gem polishing industry, vision declines before the age of thirty. The argument of preserving traditional arts and crafts often hides the reality of children bonded to families, or who are hired labourers who are never taught the actual craft. Arts and crafts can be passed on within children’s families, as a part of their socialization, or integrated with their education. In addition, “skills previously the preserve of a few families are now widely available in the labour market because of state – sponsored training programs which cover industries like pottery, carpet, gem-polishing, and the lock industry. Moreover, new technology has rendered many of these skills irrelevant. The artisan has been transformed into a factory worker by the large-scale nature of production.” The term “hazardous” is a debatable point because we should not be referring to the inherently hazardous nature of any industry. The reference must be to what is hazardous to the child. In this respect, even jobs that are not seen as inherently hazardous become so for children. If they are made to do the job for long periods, if

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repetitive or strenuous motions or postures are required and certainly if they are being denied their rights to development, education, medical care, recreation, leisure and play. The applied differentiation between hazardous and non-hazardous definitions, however, comes from the vocabulary of industrial occupations, and refers to adult employment. To apply it to child labour is to ignore the violation of children’s basic rights and restrict action on child labour to the formal, organized sector. Moreover such application promotes hazard estimates of any specific labour activity at levels more appropriate to adults than children, let alone malnourished, poorly rested and severely stressed children. Child labour in so-called “non-hazardous” employment, such as the service sector’s tea-stalls and restaurants, and domestic sectors like household work are vulnerable to serious and physical, mental and sexual abuse consequences of which afflict not only the individual through a usually abbreviated and marginalised life but produces endemic disbalance in and among societies. Every child labourer is a priority, regardless of the nature of work s/he does. Legislation restricting child labour may end up compounding the problem by legitimizing child labour. For instance, the Child Labour (Prohibition and Regulation) Act, 1986, is in violation of Article 14, 21, 23 and 24 of the Constitution. This legislation removes the protection given by these Articles to children against employment in all hazardous work and against exploitation and injustice by not prescribing a minimum age and prohibiting employment of children only in certified occupations and processes. Furthermore, “having enacted so many Acts, little attention has been given towards enforcement. In the absence of enforcement, the legislative measures are easily flouted. Between 1990-1993, at the central level only 537 inspections were undertaken under the Child Labor (Prohibition and Regulation) Act, 1986; a total of 1203 irregularities were detected, but only 7 prosecutions were launched. At the state levels, while 60,717 inspections were launched, only 5,060 violations were observed, out of which 772 were convicted…” Given the visible evidence of child labour, this can hardly reflect the reality. The problem of child labour cannot be resolved if there is a lack of political will and enforcement. Finally, there is total failure of the Government in the area of compulsory education of children up to the age of 14 (Article 45). “Several states have made commendable efforts in the direction of providing education facilities, but none has been able to do anything to check the phenomenon of high drop-outs.” The task of eliminating child labour is large, but not impossible. It is time for us to rise to this challenge. “What has caused the problem of child labour to persist [in India] is really not a lack of resources, but lack of real zeal. Let this not continue” (Supreme Court of India 1986). We must see the child as a human person in a holistic perspective; the time has come to recognize the primacy of the Rights of the Child and to take effective steps on the basis of that primacy to promote the cause of child development. That priority ought not to be allowed to become an empty verbiage or an occasional incantation. It should be reflected in our national policies, programs, budgeting and the design of public and private life.

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Various potential solutions have been identified. For example: “Elimination of child labour should be linked with issue of ration cards to the poor families” (Velumani 1996). The example of Kerala and West Bengal, particularly to rural child labor, may suggest that basic agrarian reforms are more potent means of containing the problem of child labor. In agreement with the Constitution’s prohibition of child labour, no child below the age of 14 might engage in labour. Official policy must (overall) be geared towards the abolition of child labour. Certain sectors and conditions of work need to be targeted for immediate eradication, such as child prostitution and children working in conditions of bondage. The first necessary alternative is the implementation of free, relevant, quality, compulsory education for all children under 14 years of age. This, if implemented, would prevent children from being drawn into the work force. This does not mean that children should wait to go to school until the entire system is improved. Children must be enrolled in school and be provided with all possibilities for education immediately. Initiatives to eliminate child labour must be combined with ongoing community development and social mobilization. A comprehensive, integrated approach is required to address sector specific issues, along with those that apply to rural, urban and tribal areas. This requires the active participation of civil society, and an agreement between the various government programs which are dealing separately with the various aspects of child labour. Strict implementation of existing laws backed by political will, can serve as an important preventive measure. The final goal should not be to regulate or legitimize child labour under any conditions, but to abolish it completely. What children themselves have to say Children of all economic classes are clear that their priority is learning and leisure. Both recognized as essential not only by them but also by their parents and guardians. To Government claims that resources are too scarce to assure these, while promoting development paradigms that are essentially antithetical to their realization, children then ask why spend so much on defense. On industrial development that only allows rich people to dispossess the poorer. Why not invest in children? We are the future, children say. Your future. The only possible future. Why compromise our survival? Why jeopardize our growth for the growth of an economy that we are not able or willing to support, as it is unable and unwilling to support us? To the rich they ask whether they are so sure that they will always be rich and powerful, able to ignore and protect themselves from the outrage of the poor. To the multitude, they ask whether they will bear this outrage silently and unendingly. Do we at this meeting have answers for them? Or are we still trying to convince ourselves and them that they can have their cake while we eat it? The question is not one of charity or benevolence. It is a question of our rights as human beings to dignity. To live in dignity, without exploiting the more vulnerable. It is not a question of their dignity, but ours.

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Many children do not believe that schooling educates them for life. The truth of this is clear from the high adult unemployment statistics in India. The high levels of academic attainment in the form of certification in a substantial proportion of these unemployed is not an incentive to adolescents making decisions regarding whether to drag on through another 6–10 years of expensive studying without guarantees of income generation at the end of it. At the same time, as many small employers will confirm, it is almost impossible to get reasonably skilled young employees. The training they have received does not provide them with the basic skills to perform tasks as routine and simple as bank and postal transactions. They are also indoctrinated by the dominant values of contemporary society to disdain employment in manual labour: simply put, it is impossible to get a competent plumber or an electrician, difficult to find school teachers who can write a structurally (grammatically or informationally) correct paragraph in any language. The question of education. Schooling is not education nor is skills development. If education starts from learning of values for life, includes acquisition of information and knowledge within this framework and incorporates development of skills for livelihood, we obviously need to re-examine, re-structure and indeed re-invent our education systems. Enough has been written and said to prove beyond doubt that they convey little if any of these to children emerging out of a decade, at least, of such effort. Moreover, we need to examine the scope of what is open for learning. The homogenization of education: its specific objectives, its prioritization in skills inculcation, the hierarchies of knowledge reflect the dominance of selected achievements in livelihood generating potential determined by uniform, global market values. Not intrinsic social needs dovetailed to individual capacities and talent. These are anomalies and distortions of education that urgently need to be removed from the thinking of educators and of planners of education. Principles before strategies What do our children mean to us, not merely individually, but collectively? Do we clearly comprehend that if one child is at risk of exploitation, violence and abuse, then all children are? This is the first requirement in developing workable strategies. Perhaps the single lack in the plethora of policies and programmes whether legal, economic or cultural is consistency across the board. While we are unable to comprehend a child of a middle class family or a developed country as exploited child labour, we are ready to assume that a poor child earning for survival, is such. If no child is to labour in such a manner, that risks his or her physical, mental, emotional or intellectual well-being then the economic or more realistically financial gain derived from such labour is inadmissible as justification. Again, whether such gain accumulates to the child herself or himself, to his or her family, to global society or a national exchequer is immaterial to the permissibility of such labour. Objections to child labour must be principled, not expedient. And in that case prohibition must be imposed on the prime beneficiaries: industries that profit of it, governments that permit it, the global market that depends on it to exist.

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Industries that commit crimes must be criminalized. The brutalization of children must be acknowledged as a crime. Since the present world economy cannot survive without this barbarity, it must not be allowed to survive. As we have over the last centuries of damaging technologies, compromised our survival by destroying the habitat in which we must live, so we have compromised our societies by endorsing and permitting inhuman practices. Whether we will be able to survive the ecological disasters we have engineered is moot. Whether we can recover humanity for as long as we do survive is not. It appears to me that the need to recover common human values as the basis of social organisation is the first non-negotiable. The need to develop articulate public consensus is the second. The necessity to send this message explicitly, clearly and efficiently to business and government is the next. To deny legitimacy (by calling it a freedom) to the avarice of individuals, of countries and of corporate entities, to eliminate laws, legal contexts and economic norms that permit, justify and condone such insatiability rather than to make more laws seems to be the next logical step. Such actions must be more than financially penalized. It is always possible to make penalties absorbable in the light of relative profit. Such commerce must not be allowed to continue. It must be criminalized, shamed and shut down. Financial penalties must be so severe as to assure the financial and economic non-viability of such commerce and production. Compensation to child labour must be financial to the extent that punitive damages and adequate rehabilitation support must be accorded. Compensation to society must take into account the serious damage that child labour does to the fabric of a just and vibrant social ethic. The rights to survival, the rights to life must be guaranteed to all people and peoples according to their inherent cultural values and practices (which does not include acquiring or enhancing these at the cost of others’ survival, lives practices or values). These rights cannot be left contingent on the prevalent economics. Norms of progress and development must disassociate from indicators of wealth monopoly whether countries societies or individuals are being assessed. Discrimination cannot be tolerated. It is clear that even within countries, that certain ethnic, religious, gender and racial groups are marginalised, assuring their continuing and indeed escalating vulnerability to child labour. Previously colonized territories, mainly those with non-European successor governments, similarly suffer from discriminatory global trade and international market policies and treaties. Debt of so-called underdeveloped or transitional economies fuels the social sector of industrialized nations. Its industries and trade continue to colonize these economically. International debt cancellation is not a charitable option. It is merely the first step towards international justice and equity. Possibly towards world peace. Business and international corporations freely utilize public investment in infrastructure and development (such as an educated labour force) without any obligation to society. Taxes rarely compensate for the augmented profitability of such enterprise and movement of capital in the global economy encourages and facilitates evasion. Corporate and business responsibility to society

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(as to the natural environment) must be decided by others than corporations and consumers, others even than their governments, which sadly lack skills, foresight or integrity to assess these fairly and in the global (and even increasingly in the national) public interest. Human rights responsibilities must be acknowledged as paramount even or, given its stated goal, especially in the conduct of business. Creating opportunity and wealth premised on, exploiting human misery and ecological disaster might be inevitable; it does not have to be tolerated, sanctioned or approved much less glorified as either practice or aspiration. Perhaps our evident lack of conviction in principles to respect and maintain is at the root of this unnecessary evil. Evidently, we do not truly respect these (or other) children, their capacities and skills for survival, their courage in the face of unimaginable odds or their aspirations to assure them what we ourselves were given: a tomorrow with possibilities. References Acharya P. 1994, ‘Problems of universal elementary education’, Economic and Political Weekly, Dec. Basu, K. 1999, ‘Child labor: cause, consequence and cure with remarks on international labor standards’, Journal of Economic Literature, 37: 1083-119. Cigno, A and Rosati, F.C. 2002, Why do Indian Children Work and is it Bad for Them? Discussion Paper No. 115, Institute for the Study of Labor (IZA): Bonn. CORE 2001, Survey on Child Labour Exploitation, Manipur, Interview with Children, CORE: India. CORE 2004, How many wars have been in my brief years, children in armed conflict in India, CORE: India CORE 2000, Supplementary Report to India’s Initial Report to the CRC, CORE: India. Indian Express, 1987, June 16. Gupta, M.R. 2002, ‘Trade sanctions, adult unemployment and the supply of child Labour: a theoretical analysis’, Development Policy Review, 20: 317-332. Grootaert, C and R.M. Kanbur, R.M. 1995, ‘Child labour: an economic perspective’, International Labour Review, 134:187-203. Haq, M.U. 2003, The Employment Challenge, Human Development Centre, Oxford University Press: Karachi. Majumdar, M. 2001, ‘Child labour as a human security problem: evidence from India’, Oxford Development Studies, 29:279-304. Mowli, V.C 1992, Girl Child Labour Studies, Startling Publications Private limited: New Delhi. O’Neill, T. 2003. ‘Anti-child labour rhetoric, child protection and young carpet weavers in Kathmandu, Nepal’, Journal of Youth Studies, 6: 413-431. Ranjan, P. 1999, ‘An economic analysis of child labour’, Economics Letters, 64: 99-105. Shehzad, M. 2003. The Challenge of unemployment, Human Development in South Asia 2003: Human Development Centre, Oxford University Press: Karachi.

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Srinivasan, A. 1984, Temple Prostitution and Community Reform, Ph.D dissertation University of Cambridge. Supreme Court of India, 1986. Writ Petition No. 465 M.C.Mehta v/s the State of Tamil Nadu and Others, India. Velumani, I. 1996. ‘Elimination of Child Labour’, Report to the Second workshop Ed T. Haque, National Institute of Rural Development, India. Visaria, P. 1998. Unemployment among Youth in India, Level Nature and Policy Implications: action programme on youth employment of and training papers 36, Institute of Economic Growth, University of New Delhi. Weiner, M. 1991. The Child and the State in India, Oxford University Press: New Delhi.

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Chapter 9

Strategies for the Prevention of Child Labour: An Overview of Strategy and Effectiveness in Nepal Chiranjibi Nepal

Introduction In the Asia-Pacific Region, nearly 130,000,000 children work to earn a subsistence living. This is totally unacceptable in the 21st century. The notion that the children of the poor should be removed from the labour force and placed in school is a very modern one. A distinctive feature of modern societies is that it is no longer assumed that children necessarily ought to do what their parents have done. The occupational structures of modern societies constantly change for the continued expansion of the economy and that children be educated to take jobs that are different from those of their parents. However, we should not collate all forms of work done by children with what we call child labor. There is no individual and uncontroversial definition of child labour but child labour is generally said to occur when: • • • • •

Children under the age fixed by the existing law of the country work full time on a wage or no wage. The work is harmful to the mental, physical, social and moral development of the child. Children cannot go to school or are compelled to drop out of school due to work, or go to school and do a time-consuming work at some time. Children are exploited physically, mentally, sexually and emotionally in the name of work. Children do not get time for child-friendly sports, entertainment or rest.

To determine if any work is child labour or not, we need to consider the age and sex of the child, nature of the labour and time and environment (transparency of work place, machinery/equipment, health and security provisions, etc) and assess the effects of the work on the child. Work which involves extreme risks and which seriously interferes with the physical, mental, social and moral development of children are considered child labour of the worst from. The ILO Convention No. 182 recognizes the following types as work of the worst forms (ILO 2002).

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slavery and trafficking and transportation, forced labor in armed conflict. use in sexual abuse, porno-films or in trafficking and transportation intended for these purposes. trafficking or use for works such as production and distribution of drugs. use in work affecting physical, mental and moral development.

Child labour in Nepal The population of Nepal is young and 39.3 per cent of it’s present population is under 15 years of age. In Nepal, nearly one in every three children between the ages 5 to 14 is a child labourer. The Census of 2001 revealed that there are 8,948,000 children between the age of 0-14 years. The male and female child population is 4,562,000 (40.1 per cent) and 4,385,000 (38.5 per cent) respectively. According to the Census of 2001, the economic activity rate within the age group 10-14 is 28.8 per cent from both sexes. It was 22.8 per cent in the census year 1991. Among them, 61.5 per cent are engaged in agriculture and 28.8 per cent participate as intermediate workers such as street vendors, sales persons, shoe cleaning and street barbers, domestic helpers and cleaners, and garbage collectors etc. The sales, service and clerical workers and production workers comprise 6.5, 2.1, 0.2 and 0.2 per cent, respectively. Child labour is an integral part of the labour market in Nepal (O’Neill 2003). A joint report involving the Central Department of Population Studies and ILO indicates that out of a total of 6.2 million children, 2.6 million between the age of 514 years work under dire conditions. Of the 2,600,000 child labourers in the country, some 127,000 are working in worst forms of child labour. Of them, 55,000 work 14 hours a day and almost half of them work without wages. It is also learned that about one million children are employed in various sectors as child labourers and 40 thousand are working as bonded labourers. Bonded labour is a traditional system under which a child is forced to work without any remuneration. He/she merely works to pay the debt of parents or grandparents. Children traditionally work in agriculture, animal husbandry and manual trades and occupations, such as pottery, basket making, sewing, iron smithy and weaving (Suwal et al 1997, Gurung 2001). Ninety per cent of the children are engaged in agriculture in the rural areas. If they are not sent to do physical works, they take care of their siblings to make parents free to do outside work. Trafficking is a form of exploitation of women and children by forcing them into the sex industry, domestic and factory labour, organ transplantation and illegal adoption. The open borders with India, provide fertile grounds for smuggling and prostitution. Every year, 5,000 to 7,000 women and children of Nepal are trafficked into India for forced prostitution. Around 20 per cent (i.e. 40,000) of trafficked Nepali women and children for sex trade in India are girls of 16 years of age or less. In addition to the sex trade, thousands of Nepali children are trafficked into work in carpet factories in Bhadoi (Mirjapur), circus (e.g. Firojbad), potato farms, road construction in Simla, forced begging (e.g. Banaras), and domestic child labor in Delhi, Kolkata, Mumbai, etc (O’Neill 2003). Within Nepal, an estimated 25,000 sex

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labourers are reported of which 5,000 are child sex labourers in fast growing urban and semi urban centers. Causes of child labour in Nepal There are a multitude of studies which examined the causes of child labour in Nepal. Acute poverty, low literacy among parents, inadequate educational facilities and enforcement of labour and criminal law, traditional social attitudes, rapid urbanization and migration from rural to urban areas directly or indirectly compel children to work (O’Neill 2003). The growth of labour intensive industries and rapid urbanization have created additional demand for child labour in Nepal and many children now work in these industries in the manufacture of carpets, garments and wood products, bakery products, bricks and breaking stones in quarries and road construction. A large number of children make their living in urban centers of Nepal by ‘rag picking”, collecting rags, plastics, metal and glass bottles from dump-sites, street corners and river banks. Child labour also exists on a large scale in low skill jobs in the service sector. Poor education, malnutrition and exploitations of various dimensions conspire to check the spontaneous and healthy development of children’s individuality. A detailed study of child labour in three low caste communities namely Sikadip, Lamachaur and Sanjkhola in the Baglung district showed that most households are below the poverty line. The main causes of child labour in these communities are, lack of facilities/schools, low school enrollment, high drop-out rate, poverty and low literacy levels, marginalization of the communities due to caste bias and parental attitudes to child work (ILO-IPEC 1995). A UNICEF study looked at working conditions of child labour in Nepal and found that most street children are male 9-16 year olds. The causal factors of child labour are socio-economic conditions, lack of access to education and peer pressure/ `city lights’. The study recommends preventative measures, rehabilitative measures and institutional development as ways of minimizing the problem (UNICEF 1996). A study of child labour in the transport, carpet and hotel sectors of Nepal in the Kathmandu Valley found that the main reason for child labour was poverty and lack of development programmes at the village level. Children were keen to attend schools, if boarding facilities are provided. It recommends awareness raising programmes at the village level and the enforcement of legal provisions to reduce child labour and advocacy of worker’s rights. Thapa et al (1996) examined whether child labour is significantly higher in districts that have higher incidence of poverty and lower level of educational attainment. The study supports the view that the main causes of child labour in Nepal are poverty and low literacy rate. They found weak evidence that child labour causes poverty and low literacy. The study also noted that poverty affects girls more than boys. A dual policy approach to increase their incomes and interventions to increase literacy levels was proposed. The study also highlighted the need for multi-faceted poverty alleviation programmes in the light of gender issues and special problems in the rural agricultural sector (Thapa et al 1996).

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Gillian (2002) revealed that a large proportion of economically active children (45 per cent), are from the poorest districts, contributing 20-25 per cent to household income (hence high opportunity cost). The review reveals that the high migration rate (4 out of every 5) is due mainly to parental pressure (63 per cent). The study identified (a) poverty, macro-economic and sectoral policies, (b) inability of education to provide an alternative to child labour, (c) lack of social protection, (d) weakness in the child labour policy and regulatory enforcement, (f) societal acceptance of child labour, (g) household economic, physical and social vulnerability, (h) demand for child labour and (i) gender-based discrimination as major causes of child labour (Gillian 2002). Magnitude of child labour The magnitude of the child labour issue is always a complex issue. There is considerable variation in the definition adopted in different countries and sometimes by different agencies in the same country. Hiraoka and Rana ( 2000) highlighted the lack of uniformity in estimating child labour in Nepal. For example, the national child labour survey conducted in 1997, estimated the incidence of child labour to be 26.7 per cent if child labour is defined as children in economic participation irrespective of current school attendance, or 22.3 per cent if it is defined as two or more working hours per day and 10.8 per cent if defined in terms of economic participation of children not attending school. These estimates still do not adequately reflect the worst forms of child and bonded labour, trafficking in girls, etc. Child labour statistics describing the effects on children are woefully inadequate. Shrestha (1999) found that majority of the carpet factories (78 per cent) from where the children were rescued were not sufficiently clean, well ventilated or airy and 54 per cent of the children has simple cuts in the upper palms and fingers. Around 84 per cent were unsatisfied with their work due to low wages, long working hours, bad food, uncomfortable sleeping areas, loneliness, bad behaviour of superiors and desire for education etc. The study shows some improvement with health awareness increasing from 19 per cent to 71 per cent and those getting three meals a day increasing from 10 per cent to 24 per cent after programme intervention. Most of the children rescued were illiterate 98.6 per cent were school dropouts (Shtrestra 1999). Sharma et al (1999) reveals that around 5-7 per cent of urban households in all municipalities employ domestic child wage labour. The study estimated a total of 1600 child domestic labourers in Pokhara, 722 in Butweal and 623 in Siddarthanagar municipalities. Child labourers account for more than 60 percent of total domestic labour employed in all municipalities. Trade or business households followed by Government and non-government office holders are dominant employers of domestic labour. The overwhelming proportions of domestic child labourers were migrants from rural areas. Almost one-forth of child labour comes from the Tharu caste residing in mid and Far West Terai districts. Child labourers are employed with the consent of their parents and in majority of the cases, parents collected the salary of their children.

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In a study of 2957 households, 259 households (20 per cent) have domestic child labour (DCL) with heavy incidence in the Bralunan (28.2 per cent) followed by Chhetri, Tharu, Tamang, and Newar caste families. Interestingly 48 per cent of the employers of DCL were government civil servants. Business persons and employees of private organization were main employers of domestic child labour. Another notable finding emerging from this study is that the 820 domestic child workers (55 per cent male and 45 per cent female) enumerated in one ward of Kathmandu came from 15 different municipalities, 58 different districts and even as far away as India although majority of them were from Sunsari districts’ municipality and Sindhupalanchowk, Kavrepalanchowk and Dhading district (CWISH 2001). Education and child labour in Nepal The ILO reports that 36 per cent of the children in Nepal remain out of school and the number of such children is higher among girls as they are mostly engaged in nonproductive household chores. The literacy rates for children within the age group 6-9 and 10-14 are 54.7 and 78.6 per cent respectively. The female literacy rate for age group 6-9 years is 51.3 percent and 58.0 per cent for age group 10-14 years (It is 53.7 per cent for all ages). The Living Standard Survey carried out by the Nepal Bureau of Statistics in 1996, shows that a household spends an average of Rs. 3,400 per annum on education. This varies between Rs. 1,500 for a rural household to Rs. 9,000 for an urban family. This study on the Nepal Rugmark Foundation, was launched to identify the number of chhildren under 14 years working in the carpet factories (including subcontractors) that have signed up for the Nepal Rugmark Programme and identify child workers and identify appropriate education and rehabilitation programmes (Neupane and Bhattarai 1996). The study found that in 819 carpet factories surveyed there were a total of 2891 child workers. The largest number of the child workers came from the Sindhupalchock and Makawanpur districts. More than 50 per cent of these child workers had no formal education and were illiterate. The other children had some formal education but discontinued their schooling on starting full-time work in the carpet factories. Nearly 81 per cent of the workers were 12-13 years of age and they have obtained work by lying about their age. If we fail to be seriously concerned about the education, health and development needs of children, their physical, mental and social development will be obstructed as a result of which they will not be able to contribute to national development efforts in the long run as capable, productive and positively oriented citizens. However, Education has been commercialized and the gap between urban and rural education is very high. The quality of education in the rural areas is very poor, and the parents cannot afford a good education for their children. The government of Nepal, amended the Education Act 2028 to provide a Rural Education Development Fund. The fund is based on contributions from prosperous educational institutions and other sources. Rural people lack adequate physical infrastructures and free education is only up to the primary level for Dalits, indigenous people and other students as determined by the Act.

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Socio-political conflicts and child labour Political and economic instability help human trafficking and child labor. Sudden political change, economic collapse, civil unrest, internal armed conflict, and natural disasters greatly increase the likelihood that a country will become a source of trafficking victims as displaced populations are highly vulnerable to exploitation, abuse, and trafficking. In Nepal the current conflict with Maoist rebels is an classis example of a major conflict. Many children are seriously affected by the Maoist insurgency in Nepal. INSEC puts the total number of deaths due to insurgency at 9,133 children of which 446 are women. The number of women affected by the 8-year-long insurgency is around 3700. Majority of the Nepalese women are legally, politically, economically, socially and culturally marginalized and subordinated to structural injustices of society. The trauma faced by widows and orphans, sexual violence, forceful eviction of women from their homes, beating, torture and arbitrary detention has reached unbearable levels. Migration from the villages has resulted in a six per cent population increase in the cities and towns. Continuing Maoist violence and political uncertainty is threatening to destroy Nepal’s educational system, spoiling the future of the children of Nepal. Indefinite closure of schools due to the insurgency has challenged the future of 150,000 children and denied them their basic right to education. A report by Child Workers in Nepal Concerned Center (CWIN) reveals that 3,801 children from 24 different districts were held captive by the Maoists over a five month period (January to May, 2004). Children’s education and educational institutions have been disrupted. Forceful abduction of children is rampant and 2,192 children were abducted in May 2004. Within the five-month period 43 children, comprising of 32 boys and 11 girls lost their lives due to the insurgency. Some 2,000 children have lost their parents in the conflict in Nepal, 298 were killed and more than 8,000 were displaced. Trafficking is a serious issue and the conflict has exacerbated the problem. An estimated 12,000 children are sold annually at a price as high as Rs. 40,000, and they have to provide services to 14 visitors for 13 hours a day. Many of the youth in conflict areas are at high risk of being trafficked into the worst forms of child labor. The conflict and political instability has aggravated the economic status of Nepal. The Federation of Nepalese Chambers of Commerce and Industry (FNCCI) estimates that a strike today costs the country Rs. 1.5 billion ($1 = NRS78.045). Such strikes are common and increases the number of poor and consequently, the number of child labourers. Government commitments and legal provisions The constitution of the Kingdom of Nepal (Clause 20) prohibits the employment of the minors in mills and factories, mines and other places where work may invite risks. Similarly, Clause 26 of the Constitution mentions non-exploitation of children, safeguard of child rights and welfare, gradual increase of free education, protection of orphans, and adoption of the policy guaranteeing education, health and social

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security. For this, His Majesty’s Government has been making efforts for translating the provisions and wellbeing of children as well as the commitments made at national level into action- on policy, legal and program lines. Nepal has formulated many Acts and regulations against child labor and is committed to eliminate the atrocious forms of child labor. Some of the major Acts are a given below: •

• • •

The Constitution of Kingdom of Nepal – 2047 BS protects the interest of children. Article 20 explicitly prohibits employment of minors in any factory, mine or any other hazardous work. Labour Act 1992 and the Children’s Act make employment of children below the age of 14 years, an offence. Children’s Act, 2048 (1992) has provided room for safeguarding the interest of the children. The article 17 of the Act explains: ‘A Child who has not attained the age of 14 years shall not be employed in any work as a labourer’. And, article 18 says, ‘No Child shall be engaged in work that is likely to be harmful to the Child’s health or to be hazardous to the Child’s life’.

Nepal has forbidden forced labour and compulsory labour and the government has made mandatory for employers to provide the child worker with education, vocational training and medical treatment. The government had committed to eliminate the worst forms of child labour by the year 2005 but has postponed it to year 2007, due to the lack of funds and slow progress in the implementation of existing programs. The government has formulated a 10-year action plan on children which includes program and projects for the development of children. Priority has been given to specific care and protection of children compelled to engage in demeaning labour, street children, children with disabilities, children who are victims of trafficking, child marriage and armed conflict. The action plan has laid stress on developing programs for rescuing children engaged in hazardous work and formulation of action plans on children at the regional and local levels. Nepal has ratified the International Labor Organization convention and many legal provisions as well as international and regional conventions, In 1997, Nepal signed the Amsterdam Declaration on Child Labor and the Oslo Declaration on Child Labor and it has ratified the ILO convention 138, on the minimum age of employment. In June 1999, it adopted the ILO convention 182 which seeks elimination of hazardous and worst form of child labor. It approved the UN Convention (CEDAW) to eliminate discriminations against women and UN Convention (CRC) child rights signing of the SAARC declaration. Policy and program implementation A detailed study of the status of child labour in tea estates in the Jhapa and Illam districts of Nepal revealed that during the four year gap there have been no substantial improvements in working conditions, wage remuneration and government and trade

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union intervention. Any decline in child workers may be due to seasonal differences. The report strongly recommends enforcement of legislation to prevent children under 14 years from working, advocacy of workers rights, education and health care facilities at the work place, and development of family co-operatives and introducing programs to enhance community awareness (GEFONT 1995). Child labour under the Kamaiya system unlike other forms of child labour is generally linked to the labour relationships of the child’s parents with landowner. Poor Kamaiya households either pledge children as collateral for loans, or children are sent to work in landowners’ houses to secure Kamaiya contracts or to secure the rights to sharecrop. Despite the banning of the practice of debt-bondage through national legislation passed in 2000, the study reveals very little change in farm labour arrangements and hence incidence of child laborers working for the employers in almost all the Kamaiya households sampled in five western Terai districts of Nepal. Two-thirds of the working children were below the age of 14 and four-fifths of the children had never attended school. Lack of adequate food at home and household loans and fathers dependency of Kamaiya were key reasons cited by the most children interviewed. The majority of the Kamaiya families who have a child working for an employer were landless and indebted. The study has revealed how children of the Kamaiya are faced with debt-bondage resulting from their parents employment, and bondage due to land leasing and how they are obliged to provide underpaid and even unpaid farm labour for excessively long hours, under compulsion of the annual Kamaiya contract (Sharma et al 2001). This study examined the status of child labourers in the Nepalese carpet industry after the introduction of the ‘child labour free’ certification policy. The research was conducted in 1994 in twelve of the thirteen carpet zones identifies rural poverty as one of the root causes of migration. It recommends compulsory primary education, enforce and monitor current laws pertaining to children and carpet factories, and rehabilitation schemes including non formal education, transit homes, day care, health care and recreation for the workers (ITAD 1994). The national planning commission (NPC) looked at work locations and conditions, child prostitution and education. Three approaches to reducing child labour are suggested namely systematic yearly elimination regardless of other factors, elimination by sector categories within a given time frame and elimination by age category within a given time frame. Since its inception in 1995, IPEC has supported 73 action programmes (funded through biennial budget for large-scale activities) and 52 mini programmes (one time support programme) with a total budgetary allocation of US$ 2,702,248 and US$ 96.696 respectively. During the five-year period (1995-2000), the IPEC action programmes have reached 13,500 children and 6160 families as direct beneficiaries of whom 11390 children have benefited from non-formal education. These programmes have been implemented in 19 out of the 75 district of the country and identified some positive achievements during the first five-year period of program implementation. These are related to policy dialogue, public awareness raising, pluralistic arrangement of institutions, area based approach, establishment of national benchmark database, non formal education, enrolment in formal schooling, preparation of national plan of action, grouped based micro credit programme for families (women) of child labour.

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The study has emphasized the need for sustaining these core competencies of IPEC for future programmes (ILO 2001). The National Labor Policy 1999 expresses Nepal’s commitment to the resolution of the Bandhuwa child labors problem and the elimination of child labor. The Tenth Plan has taken child labor in general and the elimination of child labor of the worst sort in particular as its major objective. The EFA National Work Plan has stipulated standard and compulsory education for all children by the year 2015 as a specific purpose, which, it is believed, will play an important role in controlling the problem of child labor. The abolition of the Kamaiya system and the programs of Kamaiya rehabilitation are underway, and a separate national work plan for controlling the trafficking of women and their illegal transportation is being implemented. The national Human Rights work plan, which also includes the child labor, is in implementation. The national master plan on child labor seems to have come, in their context, as another episode. The study by IPEC/ILO analyses the communities in Kavre and Nuwakot, to identify appropriate child centred interventions. The report identified the socioeconomic conditions of households and children and made several recommendations. The there major causes of child labour were poverty within the household, lack of school attendance and cultural preference for male education, resulting in fewer girls receiving the opportunities for education. The National Master Plan (NMP) on child labour for Nepal (2004-2014) In view of some major failures and the desire to rapidly solve the child labour problem due to international pressure and the need for long term economic development, the Nepalese Government has formulated the National Master Plan for the period 20041014. In view of it’s significance for child labour, it is anlysed in detail in the next section. Salient features of the NMP The past efforts to mitigate the child labour problem in Nepal have not yielded significant benefits due to duplications of programs and poor coordination. As a consequence, His Majesty’s Government prepared a master plan on child labor to ensure participation collaboration between His Majesty’s Government’s, workers’ unions, employer’s organizations, non-government organizations (NGO’s), donor communities, and the civil society. The long term vision of the NMP was to ensure that: • • • •

even the members of weaker communities are free from injustice and exploitation. children get a secure, problem-free and joyfiil educational environment. youths and adults engage in creative and productive works. prosperity, human dignity and equality become an integral part of living.

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people are inclined to develop a social, cultural and economic ecology, establish human values of a higher order, and bring the individual, community, state and nature to a fruitful harmony.

The objective of the NMP with respect to child labour is to ensure that children receive free, joyful and uncompressed childhood by providing support for their physical elimination of child labor of the worst forms in the first five years (by 2009) and al other forms by the next five years (by 2014). Strategies proposed under NMP For the achievement of the above-stated objective the following strategies have been proposed: • •

• • • •

• • • •

Adoption of a multi-dynamic and integrated vision for the resolution of the problem of child labor. Consolidation of implementation (including, for instance, inspection and monitoring) of the existing legal provisions and developing the implementation aspect as an instrument for identifying child labour. Ensuring the involvement of non-government organizations (NGOs) and other civil societies by integrating participatory and collaborative efforts. Coordinating the collaborating agencies to make their efforts efficient and effective, and removing program duplications. Coordination of all aspects through the Ministry of Labor and Transportation. Nurturing children into physically healthy, mentally smart and positiveminded individuals possessing knowledge and skill by making primary education free and compulsory, raising quality of education and promoting children’s attraction to school. Controlling the high population growth and migration to citizen through an effective implementation family planning programs. Effect utilization of child labor elimination programs by integrating them with programs like poverty reduction and childhood development. Development and implementation of programs based on regional and geographical needs. Mobilization of resources at local, national and international levels.

Definition of child labour under NMP The labor rendered by children below the minimum work age or fixed by the law pertaining to children. The minimum work age determined for employment may depend upon the nature of the work. Accordingly, the work age variation is as follows: • •

14 years for work of a lighter nature. 16 years for work involving physical and risks.

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18 years for work which require safeguard against physical and mental risks. Use of children in slavery, prostitution and transportation of drugs is by all means illegal, which needs unconditional elimination. The logic behind fixing 18 or below as the age is insignificant.

The NMP has recognized the worst forms of child labour by nominating 18 different types of work under this and given priority to their elimination. Target groups and areas of work NMP The NMP has divided child labor in to two forms: normal form and worst form. •

•

Since 95 percent of children are engaged in the agricultural sector, it has been assumed that unless and until programs are channeled toward this sector, the objective of eliminating child labor will not be achieved. With this in view, emphasis has been laid on development of programs giving priority to the agricultural sector which includes geographical regions and professional agro-industries like owning and managing tea estates. Hence, the agriculture sector has been taken as a priority target. Although the overall objective of the NMP is to put and end to both forms of child labor, the plan gives priority to stopping child labor of the worst forms. Accordingly, five groups of child labor of the worst kind have been identified as follows: • Acts and activities that extremely transgress basic human rights such as sexual abuse and exploitation of labor resulting from trafficking and use of children in armed conflicts and transportation of drugs. • Children working as Khates (dump gleaners), coolies, domestic servants and as servants in small’s houses and restaurants, and as labour in transport and motor vehicle-service sectors. • Children engaged in carpet industries, brick kilns, match factories and tanning industries-industrial production. • Children working on coal, stone and state, magnesite and sand-mining. • Children involved in menial labor-agriculture.

The above-stated work plans seem to pay emphasis on programs addressing the following nine areas. Policy and institutional development under NMP The NMP has put stress on: Continuous refinement and readjustment of policy inputs and development of a separate policy regarding child labor and development of children, development of a time-bound program for the elimination of child labor of the normal category, organization of a union of workers engaged in agriculture and stone, quarries and coordination of the perceptions of donor agencies. The NMP emphasizes the development of a wider and transparent mechanism for an

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effective implementation and monitoring of policy directions, and functional coordination of central and local level government agencies (including labor offices, police administration, law courts) and collaborators, social welfare council, nongovernmental organizations (NGOs) and civil societies for developing, implementing and monitoring of child labor elimination programs. The NMP also emphasizes building the capacities of these agencies and organizations and the development of a code of conduct of an institutional character. Education and health The NMP recognizes the need for the effective development and implementation of programs for the education and health sectors to address the problems of child labor. The NMP suggests, among other things, the following initiatives: Enactment of a law to make primary education compulsory and qualitative, making the school time-schedule flexible (so that it could be convenient for children), inclusion of curriculum components on child rights, child labor, vocational security and health, educational access and providing technical and vocational training. Likewise, stress has been put in the NMP on the need to take educational, health and family planning services to rural areas. Establishment of an advocacy network and social mobilization The master plan has put forward these programs: Taking mass awareness campaigns to the local level, empowerment of children and women through supplies of information, development of a tripartite network, motivating employees to engage adults in stead of children, boycot of services and objects involving child labor, and bringing about change in social attitudes and practices. Similarly, the plan has envisaged flow of information, particularly to girls and women, regarding HIV Aids and sex-induced diseases dissemination of information about the risks and hazards faced by children working in the agricultural sector installing information network including a hotline linkage between organizations (GOs and NGOs). Working in one and the same area, conducting advocacy programs to save children from the effects of conflict, and establishment of a network against trafficking and transportation across the borders. Involvement of children in the construction of this children-specific infrastructure is, however, no less important. Encouraging children-related organizations and clubs to participate in such programs is deemed necessary. Enactment of laws and their execution It is difficult to identify the flaws and weakness of the existing provisions, unless and until the provisions are strictly executed. Hence, it is necessary to enforce the existing provision prior to the enactment of new laws. Clear-cut specification of responsibilities, development of a work culture involving a sincere feeling of responsibility, abolition of the estate of impurity, and efficient and fair legal administration are important preconditions for achievement in this direction. The

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state or society must contribute to effectual zing the legal provisions and practices by developing a system of inspecting child labor as such in the informal sector as well as by conducting awareness programs, theming on the laws and legal provisions governing child labor, for legal and related bodies. The master plan has given importance to the identification of areas in the existing labor and labor related lagal provision that required refinement and revision to the enactment of separate laws for the informal sector and to make child labor inspection an integral organ of a strong labor inspection system. Employment and income earning possibilities The programs of employment and income-earning are not only the means to control child labor, but also important factors of rehabilitation. If we cannot provide economic alternatives to rural families living wrapped in risks, remedial programs, of whatever dimensions, we implement will not help check the flow-out of children from village to citizen in search of opportunities for work, and the tendency to emigration remains constant. So, of course, the master plan has sought to integrate the programs of small loans, skill development and home industries based on local resources and demand, development of labor-oriented infrastructure, and empowerment of women with one solid identity. Such programs will provide economic alternatives to parents (or guardians) as well as security arm our to children, as required by the local context. Prevention The master plan has harbored the hope that the various programs mentioned above will prevent children from entering the labor market. Therefore, the plan has laid stress on controlling the emigration of children from rural areas – which have so far been operating as suppliers of child laborers – to urban pockets specially by initiating reform measures in the agricultural sector, organizing effective parental (guardian oriented) trainings, opening up daycare centers and educational programs for the children of laborers and creating economic opportunities for the rural masses. Similarly, priority has been given to assessing obedience to the codes of conduct, to follow-up of social labeling fulfillment of the commitments made by employers, and to monitoring the flow of children through strategically important exit points. Protection The master plan has also underlined programs aimed of giving direct protection to children and to child rights such as improvement of the environment in which children work, protection of children from risks at places of work, scheduling work time, monitoring of work places, installation and strengthening of a rescue mechanism, legal consultancy service and cooperation.

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Rehabilitation The plan has stressed the development and implementation of programs an effective rehabilitation of child laborers. In these programs appropriate education, training, health and counseling services will be integrated by establishing child reform houses, rehabilitation, centers and drop-in centers that provide educational, health and psychological consultancies. The ultimate goal of such centers is the reunification within families and the society. It is not that easy to get the children accustomed to living in urban areas back to the villages where their parents live. This, therefore, will need the creation of an environment furnished with consultancies and motivating the children to return home. For this, an effective follow-up mechanism will have to be developed. The plan has laid stress on a center-based rehabilitation to communitybased rehabilitation system. Study and research Study and research with a wider coverage will be undertaken in areas where existing studies have not been able to generate or create information. Information on the use of child labor in geographical regions and on the environment and specifies in which children work will be collected through standard research methods and process, and the information will be analyzed and stored for retrieval. Adequate information-particularly information, on child prostitution, transportation and sale of girls, Bandhuwa (bonded) child laborers, conflict-affected children and children involved in the freight of addict drugs- is not yet available, and the need for an integrated central information system focusing on children-related topics has been strongly felt. Implementation plan and priority order of NMP The master plan states that its tenets will be effectively implemented by formulating several work plans on a regional basis as required. The re finalized programs will be implemented in a full coordinated way, i.e. by establishing complementary relationship between programs and partnership boxes between concerned bodies and organizations, and in this process an attempt will be made to remove repetition or duplicate and obtain synergy. The responsibility of executing the master plan rests shared with all regional stakeholder organizations. In this, Ministry of Labor and Transport will play the roles of the coordinator and the central facilitator? The ministry will use the high level inter-ministry coordination committee and the national steering committee for the purpose. Since, for the execution of the master plan resources have to be mobilized, the ministry will have to weave in with the ministry of finance and the donor community. With the strong and weak aspects of the regularity and structural mechanism, involvement and coordination of different stakeholder groups or government and non government bodies, and the existing social, economic, and practical realities, his majesty’s government will have to strengthen the execution,

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coordination, monitoring and evaluation mechanisms. For this collaboration of social leaders, local bodies, district based child welfare committee, child labor coordination committee; non-government organization (NGOs) and community based organizations will have to be encouraged. In the development of implementation time-bound programs targeted for different regions priority order will be determined on yardsticks such as needs for the program, size and dimensions of the problem to be adverse, expected effectiveness of the program, work efficiency required, size of program coverage and appropriation of long term effect and sustainability of the program. Monitoring and evaluation The responsibility concerning the follow up of work progress and achievement evaluation of the master plan will remain with the ministry of labor and transport. Continuous monitoring and evaluation of program development and approval process at the central level and of the realities of program execution process at the local level have been considered as very necessary. For this, the existing mechanisms will be used as far as possible. On coordination also with the Ministry of Women, Children and Social Welfare, the district based Children Welfare Committees will be activated. In the development of programs for monitoring and evaluation at the program level attention will be paid to the following procedure: •

• • • •

Instructing the responsibility of monitoring and evaluation to the jointsecretary of the Ministry and appointing two officers to help him in the discharge of his duties. Formulation of goals and evaluation indexes. Specification of materials necessary for the measurement and rating of achievement. Development of a time schedule for regular evaluation. Collection of information for improvement, refinement and unforeseen readjustment.

Resource management The objective of the strategies, programs and activities specified in the master plan is to encourage at the local level and the national level, various initiatives and programs in a spontaneous way. The objectives of the time-bound programs have also been incorporated in the Tenth Plan. It is hoped that the budget allocated for the time-bound programs will help in the execution of the master plan. As it is neither possible nor practical to project the budget that will go to the elimination of child labor after a successful execution of the master plan, only a very preliminary token estimate has been done after a time-to-time review. In this estimate a budget of Rs. 58300000 has been proposed for nine different activities to be undertaken of this preliminary stage.

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Ongoing efforts In the context of the execution of the master plan the following programs are at the stage of implementation: • •

•

•

Social policies are being reviewed from the point of view of child labor elimination. A time-bound program is being implemented through ILO/IPEC for 127000 children involved in child labor of the worst nature Bandhuwa (bounded) labor, domestic servant hood, coliseums, khate-hood (dump gleaning), carpet weaving, stone breaking and illegal transportation and sale. The Child Labor Law (which prohibits and controls child labor) 1999 has been taken in effect and the work of drafting necessary regulations under the law is underway. In this context of the child labor law 1999 having come to effect, three regional seminars (with workshops) have been organized in the Eastern, Middle and Western Development Regions for the purpose of orienting the concerned stakeholders on the policies and law governing child labor and of making the inspection and monitoring system effective.

The efforts made so far have produced some additional positive results, which are as follows: • • • •

• • •

•

Awareness has increased, even at the national level, of the evils of child labor and public opinion against child labor is gaining strength. Child labor is gradually assimilating into national plans and programs. Networks linking government officer, employers, worker’s organizations, and national and international NGOs have been established. Thousands of children and their families are availing of the services through formal and non-formal education and vocational training programs and from rescue and rehabilitation and daycare centers conducted by the government and non-government sectors. Particularly in urban areas, helpline, free legal constancy, transit center and rehabilitation services are being extended. In the non-formal sector a remarkable cut-down has been noted in the use of child labor. Thousands of government officers, teacher’s, community workers, women workers, trade union workers and facilitators have now been active in their respective work areas-after receiving trainings on child rights and child labor. The work of collecting and processing child labor-related information is going on.

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Major assumption of the master plan and risks: • •

• •

• • •

•

The overall economic growth rate of the country will turn satisfactory and major economic fields will achieve as expected. Expected achievements will be made in the improvement of access to and quality of education and success will be attained in the efforts for the creation of incomeoriented employment and poverty alleviation. The condition of peace and security in the country will be strengthened and the schools will develop into attractive and secure peace zones. His Majesty’s Government, local bodies, social co-workers, donor communities, national and international non-government organizations (NGOs and INGOs) and greater civil societies will remain committed to the elimination of child labor, and the efforts of all child labor, and the efforts of all will be centered, in a coordinated way, on the sector’s underlined in the master plan. Programs can be taken effectually to the non-formal sector and the specific needs of children addressed on the principle of equity and equality. Problems of displacement, migration and HIV Aids can be solved on time by using effective means of control. Enough of resources will be mobilized at national and international levels on behalf of child labor elimination programs and complementary sect oral programs and the use of the sources will be directed as effectively as expected toward the sectors specified in the master plan. Capacity and effectiveness of concerned bodies and organization wilt be enhanced, based on past experiences.

If the aforesaid assumptions could not be translated into practice, these would be no ground to be confident about attaining the goals embraced by the master plan. Hence, the risks of failure to translate the assumptions into reality are the real and most formidable risks. In other words, our goals will remain full of risk to the extent to which our assumptions will prove false. Thus, the challenge that is in front of us is to prove these assumptions as nothing but true. Concluding comments Since the problem of child labor is multi-dimensional and complex, there is no doubt these efforts for its resolution should be multi-dimensional. It is, therefore, necessary to look at the development of children on the development of human capital and flow it into the veins of sector programs. Similarly, the subject of providing development opportunities to child laborers needs to be treated through the rights-based approach rather than the welfare approach. It should also be seriously considered that this problem is not one which can be resolved merely through the lone efforts of His Majesty’s Government. The resolution needs commitment on the part of the government, social co-workers, donor communities, non-government organizations (NGOs) and greater civil societies – and coordinated and sustained efforts. Hence, attempts have been made to ensure the participation of all – in the preparation of the

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master plan – so that all parties involved could have commitment and ownership of the plan. It should be borne in mind that the broader social, economic and political assumptions on which the formulation of the master plan was based had shown signs of important changes in concept and practice. It also implies that the plan will require larger and commitment of all stakeholders to bring it to fruition. Finally, the success of the master plan, will basically rest on addressing the factors out of which the problem of child labor has emerged and by which it is being nursed and nurtured. References GEFONT, 1995, Child Labour and Tea Estates in Nepal. ILO-IPEC: Nepal. Gillian, B. 2002, Child Labour in Nepal: Understanding and Confronting its Determinants, Prepared for Developing New Strategies for Understanding Children’s Work and its Impact: An Inter-Agency Research Cooperation Project Innocenti Research Centre, Florence: Italy. Gurung, Y.B. 2001, ‘The state of child labour in Nepal’, Contributions to Nepalese Studies, 28:227-245. Hiraoka, R. and Rana, T. 2000. Child Labour in Nepal Situation Analysis, Health, Nutrition and Population Unit, South Asia Region, World Bank: Washington DC. ILO-IPEC 1995, Bhimapokhara Youth Club 1995 Report on Chide Labour in Baglung. ILO-IPEC: Nepal. ILO 2002, A Future without Child Labour, International Labour Organisation: Geneva. ILO 2001, Lessons Learned for the Time Bound Programme, ILO-IPEC: Nepal. ITAD 1994, Status of Child Labour in Carpet Industry, A report for NASPEC, Nepal. Neupane R.P and Bhattarai, N.P. 1996, Survey of Child Workers in Nepal Carpet Factories, UNICEF/AAFLI: Nepal. O’Neill, T. 2003, ‘Anti-child labour rhetoric, child protection and young carpet weavers in Kathmandu, Nepal’, Journal of Youth Studies, 6: 413-431. Sharma, S., Basnyat, B. and G.C. Ganesh. 2001, Nepal Bonded Child Workers of the Kamaiya System: A Rapid Assessment. Investing the Worst forms of child Labour No 5, ILO/IPEC, Kathmandu: Nepal. Shrestha, R.B. 1999. An Impact Assessment Study of the Carpet Children Rehabilitated by NASPEC (National Society for Protection of Environment and Children), Submitted to NASPEC and ILO/IPEC, Kathmandu: Nepal. Suwal, B. R., KC, B. B. and Adhikari, K. P. 1997, Child Labour Situation in Nepal, Report from Migration and Employment Survey, Kathmandu: Nepal. Thapa, S., Chhetry D and Aryal R.H. 1996, ‘Poverty, literacy and child labour in Nepal: A district-level analysis’, Asia Pacific Population Journal, 11: 3 UNICEF 1996, A Situation Analysis of Street Children in Nepal, UNICEF: Nepal.

Chapter 10

Strategies for the Prevention of Child Labour: An Overview of Strategy and Effectiveness in Pakistan Shafqat Munir and Hassan Mangi

Introduction Child labour in Pakistan has been a persistent problem in Pakistan where extreme poverty force children to become active in the labour market, with little support from family, society or the state (Ray 2000). Effective elimination of child labour in Pakistan requires an integrated approach by the various line ministries in collaboration with the International Labour Organization (ILO) and civil society groups. This is particularly important when major players such as the Federal Ministry of Labour, Manpower and overseas Pakistanis and the Provincial Labour Departments have taken the lead in implementing child labour policy. The Pakistan Constitution and existing laws prohibit employment of children in hazardous situations. Under Pakistan’s Penal Code (PPC) slavery and human bondage is a crime punishable with seven years imprisonment or fine or both. The PPC and the newly promulgated law “The Control of Human Trafficking Ordinance 2002” prohibit kidnapping and trafficking of human beings, particularly women and children. Similarly, hazardous forms of child labour are covered by laws including the Employment of Children Act 1991, Factories Act 1934, Mines Act 1923 and the Merchant Shipping Act 1923. Pakistan has ratified the ILO Convention 182 on Elimination of the Worst Forms of Child Labour in 2001(ILO 2002). Pakistan is signatory to the two Optional Protocols to the UN Convention on the Rights of the Child (CRC) on, “Involvement of Children in Armed Conflict” and “Sale of Children, Child Prostitution and Child Pornography” and the Yokohama Commitment on Commercial Sexual Exploitation of Children (CSEC). These commitments have significantly changed the prevalence patterns of child labour in Pakistan. With growing awareness of the exploitative and abusive nature of child labour, rehabilitation of working children in the country received serious attention. Both the governments and NGOs have undertaken several rehabilitation programmes. The Baitulmal, Bunyaard, ILO and Sudhaar models focus on non-formal education, vocational training of children, and withdrawal of children from the worst forms of child labour by offering alternatives such as education and sensitization of community leaders on the issue.

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Socio-economic policies in Pakistan Land and people Pakistan is a South Asian country bordering the Arabian Sea, between India in the east, Iran and Afghanistan in the west and China in the north. The total area of Pakistan is 803,940 sq km. The terrain comprises flat Indus plain in the east; mountains in north and northwest; Balochistan Plateau in the west. The total estimated population was 150,694,740 in July 2003 . The age structure has been estimated at 0-14 years: 39.3 per cent (male 30,463,958; female 28,726,776), 15-64 years: 56.5 per cent (male 43,571,093; female 41,651,872) and 65 years and over: 4.2 per cent (male 3,051,674; female 3,229,367) (2003 est.). The median age is 19.8 years (male: 19.7 years and female: 20 years). Sex ratio of the population at birth is 1.05 male(s) per female. Total fertility rate in 2003 was 4.1 children born per woman. Economic policies and incidence of poverty Pakistan has achieved substantial economic progress since independence. However, poor economic management and political instability during the 1990s resulted in slow growth, a worsening fiscal deficit and a precarious balance of payments position. In October 2000, Pakistan in co-operation with the International Monetary Fund (IMF) initiated a far-reaching macroeconomic stabilization and restructuring programme. The macroeconomic situation has since improved, particularly in relation to the fiscal deficit, official reserves and inflation. Trade performance has increased but progress in the social sectors has been largely neutralized by high population growth. There has been no tangible reduction in poverty levels in Pakistan. Based on caloric requirements the proportion of people living in poverty has increased from 26.4 per cent in 1987/1988 to 28.6 per cent in 1999/2000 (29.2 per cent in rural and 27.5 per cent in urban areas). It is estimated that about 32 per cent of Pakistan’s population are below the food poverty line (Government of Pakistan 2002), and about 44 per cent are below the poverty line based on the human poverty index (UNDP 2003). The available data indicate that roughly one third of the population is affected, with poverty rising relatively faster in urban areas. Poor access to basic social services and lack of good governance are principle reasons for this development. In addition to low growth in real per capita income in recent years, inequality has also risen.1 Pakistan’s economic prospects, although still marred by poor human development indicators, continued to improve since 2002 following unprecedented inflows of foreign assistance beginning in 2001. GDP growth will continue to hinge on crop performance and dependence on foreign oil leaves the import bill vulnerable to fluctuating oil prices and efforts to open and modernize the economy remain uneven (CIA 2003). The budgetary deficit target of 4.0 percent of GDP, however, may be difficult to realize, mainly because of the persistence of large losses by public sector enterprises (PSEs) and the resulting need for subsidies (Asian Development Bank 2003). 1

Website of the Delegation of the European Union to Pakistan.

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Social sector development The provision of health facilities in Pakistan is inadequate and remains one of the worst in the region. Almost 70 percent of all deaths and diseases in the country are due to unhygienic conditions, under-nourishment and insufficient care for the sick. Infant mortality rates are high and inaccessibility to running water for hygiene purposes and potable water for drinking have made unsanitary conditions unavoidable in many parts of the country. Nearly 60 per cent of infant deaths and 40 per cent of all urban deaths are caused by drinking unsafe water. Government provision of health care is deficient in most respects, while private care is too expensive for most of the population. Neglect is especially evident towards women and children; infant mortality rates and death during childbirth is high. The educational system in Pakistan is divided between formalized education and religious schooling at ‘madrassas’. A large number of students, especially in rural areas, end up in the ‘madrassas’ which focus on teaching of Islamic principles and recitation of the Quran, and the medium of instruction is Urdu. They are popular as they often provide food and lodging for boys enrolled. The English medium schools are all private and charge fees that are high enough to make them inaccessible to a large part of the population. Students graduating from Urdu medium schools are not necessarily equipped to deal with professional jobs and more often end up doing menial jobs. A significant part of the population does not attend school at all and the drop-out rate is high, access to education is limited for girls. The drop outs usually end up doing child labour and domestic child work. Economic development policies have not been successful in containing growing poverty and reducing vulnerability of children despite some tangible improvement in economic growth. Situation analysis of child labour in Pakistan Alhough Pakistan’s Constitution and certain laws strictly prohibit child labour, we cannot deny it’s prevalence in various sectors of the economy. However, the information on child labour in Pakistan is sketchy (Ray 2004). Review of available literature shows that weak law enforcement, poverty, inequality, lack of education infrastructure and apathy on the part of society and policy makers are major factors contributing to child labour. Children are sent to work due to poverty, income inequality and lack of livelihood opportunities for elders in the family. Employers prefer to hire child labour on a comparatively low wage instead of an adult on a higher wage. The children are engaged in household chores (girls) or other hazardous work or in the informal sector. In most work places, they are exposed to chemicals and instruments dangerous for children. There is some perception that reducing child labour is a western agenda with a protectionist motive which can complicate the solution to the issue (Gupta 2002). Nearly 29 per cent of primary school going age group do not attend school due to lack of resources but instead, are engaged in different income generation activities (UNDP 2003).

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Poverty is the main cause of children’s absence from schools and their involvement in different labour activities. Research conducted by the Human Resources Management and Development Centre shows that poverty is the main factor in 94 per cent of child labour (Human Resources Management & Development Centre 2002, Ranjan 1999). Low incomes and large family size (6.8 per cent) exacerbate the poverty cycle which in turn results in greater dependence upon child labour. Children, both male and female, enter the mainstream labour force to bring forth supplementary incomes to maintain the economic balance of their families. There is a high incidence of poverty in rural areas compared to urban areas. Pakistan’s rural areas contain 38.65 percent of its poor. Poverty is also a major cause of migration of rural people to urban areas. Both internal and external migration has contributed to child labour. Pakistan has hosted more than three million Afghan refugees who are engaged in low or unskilled work. The involvement of child labour among refugees is significantly high because the poorest families are compelled to engage children in income generating activities for family survival (SDPI 2004). Child labour is found in a range of economic activities, including agriculture, non-traded services, the flesh trade, small scale industries and micro enterprises. Furthermore, a majority of children work under exploitative and hazardous conditions. Child Labour Survey The first ever country-wide child labour survey (CLS) was conducted in 1996 which showed that there were 3.31 million child labourers in Pakistan, 2.43 million were boys and 0.88 million girls. The number of male child labourers in the 10-14 years age group was about seven times greater than the number in the 5-9 year age group. The CLS revealed that male child labour out-numbered female child labour in rural as well as urban areas. Labour force participation rate accounted for 8.3 per cent (Table 10.1). The sector-wise break down of labour shows that 67 per cent of the employed children are engaged in the agriculture sector as unpaid family helpers, while manufacturing industry employs 11 per cent of children; retail and trade sectors employ 9 per cent and community and social sectors employ about 8 percent of child labour. The province-wise breakdown shows that 59 per cent child labourers exist in Punjab, followed by 32 per cent in North Western Frontier Province (NWFP), 9 per cent in Sindh and a mere 0.5 per cent in Balochistan (also see Cochrane et al 1990). The prevalence of child labour varies among the four provinces. There seems a huge difference between the percentage of the working children in Punjab province and that of the Balochistan province. NWFP is the second to Punjab in terms of prevalence of child labour largely because of Afghan refugee children in the labour market. Punjab is an industrial province with a large population compared to Balochistan. According to the population census of 1998, the total population of Punjab was 73.6 million while it was only 6.5 million in Balochistan. The density per square kilometer in Punjab is 359 persons while it is 19 in Balochistan. The labour force participation rate in Punjab is also much higher than in the other provinces

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because of a large number of agricultural labour markets. Moreover, in Balochistan’s tribal system, children are generally protected by the elders. They are not sent out for work in large numbers. Another reason for the lowest figure for Balochistan is that a smaller number of house holds report the incidence of child labour. In Sindh, Karachi and Hyderabad are two major cities where the informal labour market has a large number of child labourers. Similar features are observed in the case of domestic child labour in all the four provinces. Majority of domestic child labourers are girls. Embedded in these figures are thousands of children who are employed in hazardous and/or exploitative work situations. Prevalence of more boys in child labour Pakistan’s socio-religious context is such that except for domestic child labour, girls are not encouraged in the child labour market because girls can be more vulnerable to sexual exploitation than boys. Generally in Pakistani society, movement of women and girls is limited compared to men and boys. The Sustainable Development Policy Institute (SDPI) Pakistan in its study on rag-picker children shows the presence of fewer women scavengers. It was especially difficult to find girls in the 15-18 age group at any scavenging site because they usually get married or withdraw from the profession when they reach puberty. Boys dominate rag-picking and other menial jobs. The level of girls’ involvement decreases gradually as the age group increases. Overall, only thirty five percent instead of 50 per cent female respondents were from the 5-9 years age group. This decreased to 15 per cent in the 10-15 year age group which continued for the 15-18 year age group where only 11 per cent were girls compared to 89 per cent for boys (SDPI 2004). This study and earlier child labour survey and labour participation data indicate that child labour incidence is high among boys as compared to girls because of socio-religious, tribal and family customs. Pakistan’s commitment to eliminate child labour Since promulgation of the Employment of Children Act (ECA) in April 1991, efforts are being made to eliminate or reduce child labour. The trade sanctions by certain importing countries on goods made using child labour helped reduce the prevalence of child labour. Pakistan also signed a Memorandum of Understanding with the ILOIPEC in 1994 which paved the way for specific programmes, projects and policy interventions to combat child labour. The ILO-IPEC initiative in collaboration with the government of Pakistan mobilized government organizations, civil society, trade unions, employers’ organizations and all other major stakeholders against the use of child labour. The successful deliverance of the stakeholders under ILO-IPEC and government initiative proved to be a driving force in the formulation of the National Policy and Plan of Action to Combat Child Labour, the first formal policy approved by the cabinet in May, 2000, which lays down strategies and action plans to bring working children out of hazardous occupations.

Table 10.1 Distribution of economically active children by age, sex and rural/urban areas 1996 Rural/ Urban

All Areas

Rural Areas

Urban Areas

Sex

Total Boys Girls Total Boys Girls Total Boys Girls

5-14 Years

5-9 Years

10-14 Years

Economically active [no]

Labour force participation [per cent]

Economically active [no]

Labour force participation [per cent]

Economically active [no]

Labour force participation [per cent]

3.31 2.43 0.88 2.94 2.11 0.24 0.37 0.32 0.05

8.30 11.81 4.56 10.29 14.19 6.08 3.25 5.61 0.82

0.57 0.33 0.24 0.54 0.30 0.24 0.04 0.03 0.01

2.66 2.99 2.31 3.40 3.66 3.13 0.64 1.08 0.20

2.74 2.10 0.64 2.41 1.81 0.30 0.33 0.29 0.04

19.91 22.53 7.18 18.78 27.54 9.80 5.97 10.14 1.50

Source: The Child Labour Survey 1996.

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National Child Policy and Plan of Action (NCP-PA) to Combat Child Labour This initiative aims to make comprehensive policy coupled with across the board commitments at the national, provincial, regional and district levels involving all stakeholders. The NCP-PA provides a unique opportunity to the government and civil society to develop holistic interventions policy, backed by a plan of action that brings together commitment from across the nation and various actors working for childrens’ welfare. The policy makers aim to back the NCP-PA with solid financial commitments and linkages with larger policy documents such as the Poverty Reduction Strategies being prepared by the government. The NCP-PA provides a broad framework to all stakeholders to act to move towards the goal of eliminating child labour. It calls for an effective and crosssectoral strategy to combat child labour. The lead role remains with the Federal Ministry of Labour, Manpower and overseas Pakistanis and the Provincial Labour Departments, while the other ministries and departments and the civil society are called upon to support various components of the NCP-PA. Policy highlights of the NCP-PA • • • • • •

Progressive elimination of child labour from all sectors of employment. Immediate eradication of the worst forms of child labour. Regular monitoring and inspection systems to supervise implementation of NCP-PA. Prevention of entry into labour markets of underage children, by offering the alternative of education. Ensuring at least primary education and skill training to the children. A programme of action that aims to eliminate child labour through short, medium and long term strategies to supplement the policies. These strategies include:

short term • • • • • •

Awareness raising; development and dissemination of information. Community mobilization. Analysis of the situation. Establishment of monitoring and evaluation systems. Withdrawal of children from exploitative labour on a priority basis, and Special protection to the most vulnerable groups of child labour.

Medium term • • •

Education and skill development of working children. Institutional capacity building. Strengthening of inspection services, skill development and vocational training of working children.

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Long term • • •

Universalization of primary education. Full implementation of the law. Expansion of social safety nets.

Implementation of NCP-PA For implementation, the NCP-PA works with various stakeholders. They include government line departments, human rights groups, the judiciary, NGOs, lawyers, employers, workers organizations and teachers both as agents of change and as a vehicle for monitoring and facilitating effective enforcement of the NCP-PA. The non state actors especially the International Labour Organization and major NGOs working in the field on the issue are aware of the NCP-PA, and in most cases display a sense of ownership. The civil society organizations and leading national NGOs working on child related issues have been actively involved in tackling the problem even before the NCP-PAwas initiated. ILO-International Plan for Elimination of Child Labour The Memorandum of Understanding, for International Plan for Elimination of Child Labour or ILO-IPEC Action Plan in Pakistan was signed on June 21, 1994. Presently four large projects and nine action programmes are operational in Pakistan. The projects are in the areas of surgical instruments and carpet weaving in the province of Punjab and an education project including teacher training in NWFP. The smaller action programmes are being carried out in all the four provinces. Training workshops with media, local governments and others are also being conducted to apprise them of the child labour situation and its impacts on children. In line with the proposed strategies of the NCP-PA, the ILO-IPEC developed close alliances and partnerships with various national and international organizations. As outlined in the NCP-PA, employers have a very important role to play in tackling the issue and it is encouraging to know that the Employer Federation of Pakistan, Skill Development Councils, Chambers of Commerce and Industry and other employer organizations also remained active in the field during the Plan period. ILO-IPEC Time bound programme In addition to the actions under the NCP-PA, the ILO commenced the Time Bound Programme (TBP) for elimination of the worst forms of child labour in the year 2002 (ILO-IPEC 2002). This was done in the wake of Pakistan having ratified the ILO Convention 182 Against the Worst Forms of Child Labour in 2001 (ILO 2002). The Convention 182 became effective from October 2002, hence the need to start a programme to operationalize actions to bring the country into conformity with the

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requirements of the new Convention. A national list of hazardous work identified 29 occupations for children. Strategic Activities under the NCP-PA The NCP-PA envisages a variety of strategic activities that focus on progressive elimination of child labour and the major strategies are presented below: Strategic communications, lobbying and policy advocacy Strategic communications for awareness raising of the stakeholders and people in general and lobbying and policy advocacy with the policy makers and key functionaries are being used as tools to address the child labour under the NCPPA. The line ministries and departments and NGOs organize seminars to share key findings of research studies and decisions taken to eliminate child labour and publish them for wider dissemination. They also arrange special events on child related issues on International Children’s Day. Provinces have also participated in awareness raising activities by arranging conferences and workshops. The Ministry of Information and Broadcasting in collaboration with ILO is holding strategic workshops with Media with a view to motivate media to take up the child labour agenda in the best interest of the working children. The joint ILOMinistry of Information Project includes a number of programmes and strategies including plays, discussions, slogans, media interaction and capacity building, spots and documentaries. Though in this awareness campaign, the NCP-PA has not provided any role for civil society, yet the civil society, including NGOs have been active in this area and frequent events and campaigns have been organized by the leading NGOs. These organizations have also developed and disseminated material on important aspects of child labour to sensitize the public to improve understanding on the subject. A valid critique on this communications and lobbying effort is that it has only targeted urban centres while ignoring remote rural areas. Research has shown that there exists a need to launch a truly national level campaign in the country – one that can create an impact across the board. But available evidence suggests that very little progress has been made in community mobilization for achieving the objectives of the NCP-PA. Expansion of educational opportunities Expansion of education opportunities to limit child labour has been adopted as a major strategy both by the Government and NGOs. A comprehensive education policy has been developed by the government under the DACAAR framework. The Education for All (EFA) model is being implemented through National Commission for Human Development (NCHD) leading to 100 per cent enrolment through community basedNGO initiatives. The government’s focus, however, remained universal primary education and now it has been targeting the elementary and secondary education group in which most of the child labour falls.

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Income generating schemes for poor families This strategic initiative envisaged launching job generation schemes, provision of loans for establishing family business and provision/expansion of safety nets. The Rural Support Programmes at the national level and in the provinces are supporting this initiative. The government is not only providing communities an enabling environment but also contributing financially in terms of endowment funds to cover their administrative expenditures. The Programmes are being successfully implemented through participatory development methodology. Recently the government, with the assistance of the Asian Development Bank, launched a microfinance bank, Khushhali bank, to provide micro-credit to the poor people in both the rural and urban areas of the country. Other micro-finance facilities are also available. The Small and Medium Enterprise (SME) Bank is another such initiative. The Pakistan Poverty Alleviation Fund (PPAF) is operating at the retail level by providing funds to local implementing partners for participatory development. A number of Public Sector Development Programmes (PSDP), including Khushhal Pakistan programme, aim to create a momentum for development and create jobs in the urban and rural areas. Monitoring and Evaluation The NCP-PA calls for orientation and training programmes for field staff of the labour and human resource departments and district administrations and provision of adequate logistics to them to speed up eradication of child labour. Resource Centers have been setup in the provincial departments of labour and reporting is being carried out. It has been observed by certain provincial labour departments that the quality and frequency of reports is questionable and the staff had been quoted as suggesting that better logistic and office facilities are required for improved reporting. It has been suggested that such initiatives be encouraged through innovative financing arrangements such as hire purchase, creating ownership and sustainability. Various impediments to effective implementation of child labour eradication strategies were identified and following remedies suggested to improve the situation: • • •

•

Delays in prosecutions can be overcome by designating a labour judge to specifically hear and decide child labour cases in a prompt manner. Modules on child labour related issues should be developed for training and capacity building of law enforcement personnel such as police and lawyers. Job specialization is needed for enforcement and inspecting staff by creating posts of labour inspectors responsible for dealing with child labour issues as against the current structure in which the labour inspectors are engaged in industrial reconciliations only. Rehabilitation and withdrawal of children from hazardous and exploitative situations.

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The signing of the ILO Convention 182 led Pakistan to identify a list of hazardous occupations and types of work for children. The list consists of over 30 processes and occupations. This was a major step forward in the ongoing fight against child labour. ILO played a key role in mapping and identification of these areas. International commitments Pakistan signed and ratified the ILO Convention 182 on the Elimination of Worst Forms of Child Labour in September 2001. Pakistan also signed the two Optional Protocols to the UN Convention on the Rights of the Child (CRC) on Involvement of Children in Armed Conflict and Sale of Children, Child Prostitution and Child Pornography. The two Protocols seek additional commitments from State Parties to the CRC, in eliminating use of child soldiers and effective action to curb sale of children, child prostitution and child pornography. In December 2001, Pakistan also became a party to the Yokohama Commitment as agreed at the 2nd World Congress on Commercial Sexual Exploitation of Children (C-SEC). The Yokohama Commitment, inter alia calls for preparing and implementing plans of action on C-SEC. Last, but not the least the United Nations General Assembly met in a Special Session on Children in May 2002 with a view to reviewing and renewing commitments arrived at in the World Summit for Children 1990. Legislative support A number of laws are in place to ensure compliance with government’s policies regarding child labour. Some of these laws are specific to employment of children and bonded labour, while other laws focus on the worst forms of child labour as well as other social menaces, such as begging, that exposes children to and place them at risk of exploitation and abuse. Pakistan’s major labour laws were inherited from its colonial past with some modifications. These laws have an inbuilt bias in their assumed subject, which is a man rather than a child or a woman. This bias springs from the conception of man as the main bread winner who performs productive work in the public sphere. There are no such labour laws that apply to the non-factory workplace in Pakistan. As such, the home and open streets and bazaars seldom come under any legislation as workplaces where most of the children work in hazardous circumstances. Trafficking of children Trafficking and kidnapping is a crime under Pakistan’s Penal Code (PPC) which makes offenders liable to 10 years in prison and fine for transport or import of a girl under 21 years of age for the purpose of prostitution. Under PPC, taking a male child below the age of 14 years and a female child below 16 years outside Pakistan or away from his/her lawful guardians or parents without their consent is punishable with seven years imprisonment or fine. In case, kidnapping is meant

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to lead to murder and or grievous hurt or slavery or lust or to put in danger of any of these circumstances then the punishment is raised to death or 14 years. Now the government has promulgated ‘the Prevention and Control of Human Trafficking Ordinance 2002’ that covers trafficking and kidnapping. The law carries up to 10 years imprisonment. Hazardous forms of child labour Employment of Children Act 1991 sets the child age at 14 years, adolescents up to 18 years. It prohibits the employment of children in hazardous occupations violations of which leads to one year in prison and a fine of up to Rs.20,000. The law regulates the working conditions of children. The law says no child shall work for more than 3 hours at a stretch, not to work for more than 7 hours a day, not to work between the hours of 7.00 p.m. and 8.00 a.m. Factories Act 1934 The Factories Act 1934 is a comprehensive law; it prohibits employment of children below the age of 14 years in any factory. It allows employment of children 14-17 years provided they have a certificate of fitness. It restricts working hours, disallows a child to work in a factory for more than 5 hours. Mines Act 1923 The Mines Act 1923 prohibits employment of children less than 14 years in all mines and oil fields. It disallows even their presence in underground mines. Merchant Shipping Act 1923 The merchant shipping Act 1923 also prohibits the engagement of children less than 14 years of age at sea. Strategies for Rehabilitation of Child Labourers With the growing awareness about the exploitative and abusive nature of child labour, a number of different approaches have been adopted for rehabilitation of working children in the country. International organizations such as UNICEF and ILO in its IPEC programme have also played an active role in developing strategies for the rehabilitation of child labour. Following is an overview of various existing rehabilitation strategies. The Pakistan Bait-ul-mal (PBM) strategy The PBM has established over 100 schools known as National Centers for Rehabilitation of Child Labour (NCRCLs) throughout the country. These Centers

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aim to rehabilitate children removed from labour through a system of non-formal education and vocational training. Each center has four classes with four teachers. For effective functioning, the centers are further supported by ‘Management Committees’ comprising of representatives of PBM, Provincial Labour Departments, Industry, parents and teachers. Children (aged 8-14 years) involved in hazardous work or exploitative labour are identified, withdrawn from work and enrolled in every district through a selection committee headed by the District Officer of PBM. At the centers, children are provided with various incentives; each student receives two uniforms annually, one each for winter and summer. The students also have to undergo periodical monthly checkups and they receive medicines out of the budget to avoid health problems (UNICEF 1997). They also receive sports kits and important events such as National Days are celebrated in these schools. The Non Formal Education Centers are all registered with the Provincial Education Departments and the syllabus used is a government prescribed one, recommended by the respective Provincial Text Book Boards. The schools have a 3-year programme during which 5 years primary course is taught in a compressed manner. Thus the first 4 classes are 6 months each and the 5th class is 1 year. A center with 120 students has a budget of Rs.1.9 million. The total spending on the 36 Centers per year is Rs. 68.4 million. The students that pass out of the NCRCLs receive a higher education package consisting of a lump sum payment of Rs. 4100.2 BUNYAD strategy Bunyad Literacy Community Council (BLCC), a Lahore based NGO, was assigned the task of organizing non-formal education centers for children removed from soccer ball stitching. BLCC established a total of 156 non-formal education centers known as ‘Umang Taleemi Centers’. Bunyad has adapted the government’s formal curriculum to the needs of the working children, which facilitates the mainstreaming of the children into higher educational level. These Committees keep a check on the attendance and curb drop outs from schools, ensuring all the time that the community effectively addresses this issue through active involvement in the centers. ILO strategy In NWFP, the International Labour Organization (ILO) designed a project titled ‘Combating Child Labour through Education and training’ to support the government in addressing the issue of child labour. In Phase I of the programme, nine rehabilitation centers were established, and 1060 children were enrolled. The objective of these centers is to provide rehabilitation services to working children through counselling and non formal education with the goal of either mainstreaming these children into formal schools (complete withdrawal) or referring them to basic education and skill training (partial withdrawal). Training standards for auto engines, 2

Baitul Mal document.

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tailoring, and domestic electric wiring were developed and implemented. Awareness workshops were also held for employers, parents, government officials, teachers, students, lawyers and the general community. Under Phase II of the project, child labour issues are being addressed both through direct action and in an institutional manner. At the direct level, the project intends to establish rehabilitation centers, pre and post vocational training schemes for children, basic business and skill training for parents of working children (especially mothers), and mobilize trade unions, employers, teachers, and communities to address the issue of child labour. UNICEF strategy UNICEF is active in supporting efforts to eliminate child labour in the export related industries in Sialkot. In this regard a Universal Primary Education model is being supported that is community based and with the help of civil society, seeks to bring all school age children into primary school. This strategy is now being replicated in many of the districts of Pakistan through the National Commission for Human Development (NCHD). SUDHAAR strategy Sudhaar is a non governmental organization formed in 1994 and registered in 1995 with the vision “to make quality education accessible to all children in Pakistan and bring the child labour growth to zero” and is focusing on the improvement of quality education in formal and non formal sectors. Sudhaar is working in the cities of Kasur, Sialkot, Gujranwla, Sheikhupura and Toba Tek Singh and is supporting educational models that include working with the rural and urban schools in government and municipal sectors, private schools and non formal education system. Sudhaar is supporting local initiatives including activists, CBOs and NGOs in its operational areas. Sudhaar believes that the child labour issue is linked to other social and economic issues and that a holistic approach is required to effectively address the problem. Working closely with implementing partners, Sudhaar sees the Non Formal Education (NFE) system as a bridge to formal education of reasonable quality, to which the state is committed. In this regard, NFE Centers have been established for the rehabilitation of children in Sialkot. The idea of evolving model schools in existing government schools was initiated to improve the quality of education. This idea fits in well with Sudhaar’s strategy to develop effective partnerships, work in synergy with partners and utilize the available resources effectively, instead of investing in brick and mortar structures. In the Kasur district, Sudhaar has launched an evening programme that includes classes in government and municipal schools for working children managed by CBOs. Sudhaar also works on strengthening of the school councils and grass-roots planning in collaboration with the local government in Kasur. Moreover, it supports schools in organizing children activities such as children’s writers club, children’s magazines and arranges meetings with parents, vendors and school management

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committees to mainstream children from NFE centers to formal schools. Sudhaar also develops linkages with vocational and technical education training centers, like in Sialkot. Besides, it has organised communities and facilitated the formation of Village Education Committees (VECs) that are also involved in monitoring of the NFEs and at some places in arranging donation of premises for the NFE centers. Child care foundation strategy The Child Care Foundation (CCF) was conceived, organized and launched as an NGO through public-private partnership in October 1996 with an Endowment Fund of Rs. 20 million at a time when propaganda against Pakistan on the child labour issue was at its fiercest. A high profile 18-member Board of Governors, drawn from respected human rights organizations in Pakistan such as Human Rights Commission of Pakistan, Edhi Foundation, etc, nominees of UN agencies and three export industries namely carpet, soccer-ball and surgical industry was set up. The Government was represented on the Board by Export Promotion Bureau (EPB) and the Ministry of Labour. In 1997, CCF, with funds provided by ILO, carried out an all Pakistan survey to find out the best form of intervention to rehabilitate and eliminate child labour in the carpet industry. In accordance with the findings of the survey CCF has in the last 6 years set up more than 390 non-formal schools in Lahore, Sheikhupura, Faisalabad, Attock and Karachi districts where about over 13000 children belonging to carpet weaving families are being provided education, vocational training and recreational facilities. Non-formal schools for carpet children is an ongoing project which CCF is running with its own resources, donor funding and sponsors’ help. CCF has successfully mobilized carpet manufacturers and exporters 25 of whom have joined its rehabilitation program for carpet weaving children. To achieve the objective CCF has taken the following steps: •

•

•

Reports about the activities of CCF are regularly released to the Press. Both English and Urdu Newspapers publish from time to time news about the activities of CCF including those of its schools. Information about the establishment of Child Care Foundation and its underlying aims and objectives has been widely disseminated both in the country and abroad. CCF has published Annual Reports, several brochures which have been circulated inside the country as well as among UN bodies, donor agencies and diplomatic missions in Islamabad. CCF regularly publishes a Newsletter giving details of activities for the betterment of children.

Recommendations The following are certain recommendations that place a special emphasis on those areas that do not clearly fall under the ambit of responsibilities of the Ministry of Labour, Manpower and Overseas Pakistanis.

166

• •

•

•

•

•

•

•

•

•

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Child Labour in South Asia

The international commitments on worst forms of child labour, entered into by Pakistan since May 2000, need to be clearly reflected in the state policy. The Plan of Action targets, specifically, children falling in the age group 5-14 years, who are economically active and form part of the labour force, and in general those who are not in schools. The new commitments, however, raise the upper age to 18 years, in line with the definition of the child under the UN Child Rights Convention. As such the NCP-PA to combat child labour and the worst forms of child labour must clearly focus on this age group and consequently, gaps in the data need to be filled on priority. For improved implementation and coordination, Provincial Plans of Action need to be prepared, followed by district level planning. This would be in line with the devolution of administrative and financial powers to the district governments. New and updated data is essential for planning, implementation and monitoring of plans and programmes. As such new surveys and micro level mapping of geographical and sectoral distribution of child labour is recommended. Raising awareness amongst stakeholders and the community is important. A concerted media campaign can be launched, aimed at bringing into focus child labour as an issue that affects the society at large and one that requires action by all, including the decision makers, politicians, NGOs, civil society, opinion leaders and the general public. The technical and logistical capacity of the Labour field staff needs to be improved through allocation of resources, as this is vital to the implementation of the relevant laws. There is a need to improve the capacity of the NGOs and the civil society groups. The partnership initiatives must focus on large national NGOs as well as the district-based local NGOs and CBOs, including the Citizen Community Boards. Child participation is a new concept and is now taken as an important process for policy making. The absence of child participation is conspicuous in the National Policy and Plan of Action. The importance of participation of this segment cannot be overemphasized. Pakistan being a signatory to the World Education Forum in Dakar has agreed to provide primary education that is of good quality, free and compulsory. Special emphasis is needed on high risk groups such as the girl child, the poorest, those from ethnic and linguistic minority groups, working children and children with special needs. There is a very intricate cause and effect relationship between poverty and child labour. The Poverty Reduction Strategy Paper is a comprehensive policy document demonstrating commitment of the government. The Strategy mentions elimination of child labour as a part of protection of the vulnerable. As such any efforts for elimination of child labour will be futile unless the problem of poverty is addressed. Indigenous programmes need to be developed in partnerships with District Governments, NGOs, CBOs, CCBs, as well as RSPs to tackle the problem in the rural areas where apparently there seems to be little external support.

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Begging has reached alarming proportions. The reason is that organized mafias are involved in kidnapping children and using them for begging. In the northern parts of the country and Karachi, the Afghan war has also contributed to this rising trend. There is an urgent need to sensitize the law enforcing agencies, Social Welfare Departments, media, elected local Governments and the NGOs to tackle the problem urgently. Child labour can influence the social, cultural, economic, psychological and ethnic aspects of society. Policies leading to better education, health and manageable family size are central to eradicating child labour. Rights based approaches such as women’s advancement and gender mainstreaming are important ingredients of any policy to improve child labour situation in Pakistan.

Concluding Remarks Both government and non government sectors in Pakistan coupled with targeted initiatives by International Labour Organization, UNICEF and other donor, have been active to eliminate child labour from Pakistan. These efforts over the years have gradually been impacting the situation. Though there is no ideal situation but it is an un-denying fact that the situation has been improved to a larger extent. The realization of hazardous impacts of child labour over the children and over all society is there and as a result there are certain commitments that are producing positive results. Both the President and the Prime Minister of Pakistan have pledged to change the plight children in Pakistan. The government at the highest level observed the outgoing year as a child rights year. National Commission on Child Welfare and Development (NCCWD) has been the focal point for all child related activities at national level. Not only the federal government but provincial governments have also expressed commitment towards the cause of elimination of child labour. For example, the government of Punjab province has adopted flexible enrollment of child workers in the schools. Now there is no age restriction for enrollment of children withdrawn from child labour. Similarly the forthcoming Labour Protection Policy also covers child labour issues. The government and non government sectors are focusing on expansion of education and that too of vocational/skills education so that the children withdrawn from child labour could learn life and livelihood skills in addition to formal education. These efforts are being done through non formal schooling in different parts of the country. The above mentioned recommendations need to be given a serious thought if we really want to improve child rights situation in Pakistan. References Asian Development Bank 2003, Pakistan Economic Update, August, ADB: Manila. CIA. 2003, CIA Fact Book, August 01.

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Cochrane, S., Kozel, V., Alderman H. 1990. Household consequences of high fertility in Pakistan, Discussion Paper No. 111, World Bank: Washington DC. Government of Pakistan. 2002, Economic Survey of Pakistan, Pakistan. Gupta, M.R. 2002, ‘Trade sanctions, adult unemployment and the supply of child Labour: a theoretical analysis’, Development Policy Review, 20: 317-332. Human Resources Management and Development Centre, 2002, Fading Hopes, HRMDC: Peshawar, Pakistan. ILO. 2002, Eliminating the Worst Forms of Child Labour. A Practical Guide to ILO Convention No.182, ILO: Geneva. ILO-IPEC. 2002, Interview with National Coordinator, ILO-IPEC: Pakistan. Ranjan, P. 1999. ‘An economic analysis of child labour’, Economics Letters, 64: 99-105. Ray, R. 2000, ‘Child labour, child schooling, and their interaction with adult labor: empirical evidence from Peru and Pakistan’, World Bank Economic Review, 14:347-367. Ray, R. 2004, ‘Child labour: a survey of selected Asian countries’, Asia-Pacific Economic Literature, 1-18. Sustainable Development Policy Institute (SDPI). 2004, Rapid Assessment of Scavengers (Rag-pickers) Lahore, Karachi, Quetta, Peshawar and Islamabad, Sustainable Development Policy Institute (SDPI): Pakistan. The Child Labour Survey. 1996, Government of Pakistan, Pakistan. United Nations Development Programme (UNDP). 2003, Pakistan National Human Development Report, UNDP: Pakistan. UNICEF.1997, The State of the World’s Children, UNICEF: New York.

Chapter 11

Issues Relating to Prevention of Child Labour in Sri Lanka Nisha Arunatilake and Roshani de Silva

Introduction The notion of child labour is not easily defined. This is because, it does not only depend on the activity a child engages in, but also on the impact that activity has on the child. Some forms of work that do not have any adverse effects on health and personal development of a child are in fact thought to contribute positively to a child’s development. These include household chores, helping with family enterprises and part time work outside school hours and school holidays that allow children to earn pocket money (International Labour Organization (ILO) 2002). ILO defines child labour to be “work that is mentally, physically, socially or morally harmful to children; and interferes with schooling”. In this definition, any work that prevents a child from attending school, work that prevents a child from continuing with his schooling, or work that impedes school work due to excessively long and hard activities are considered to “interfere” with a child’s schooling (ILO 2002). This chapter begins with definitions of child labour and national legislation enacted for the prevention of child labour. Section 2 provides a brief overview of the prevalence of child labour in Sri Lanka. Section 3 looks at the different institutions and bodies responsible for dealing with the issue of child labour in the country. Section 4 evaluates the various problems encountered in the implementation of legislation and section 5 concludes the paper by providing policy options for improving the effectiveness of child labour prevention in the country. International definitions of child labour There are no universally accepted definitions of child labour. This is because the types of activities children participate in vary from country to country and from situation to situation. There are only universal guidelines on what should be considered child labour. Whether a certain type of work is considered to be child labour or not depends on several factors, including (a) the child’s age (b) the nature of the work performed (c) the conditions under which it is performed; and (d) the objectives pursued by different countries (ILO 2002). The ILO Minimum Age Convention, 1973 (No. 138), brings together and expands on the recommendations of all the

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previous conventions. It is the most comprehensive and authoritative international definition on minimum working age in existence at present. The main objective of Convention 138 is to progressively bring up the minimum working age of admission to employment or work, in order to ascertain the maximum physical and psychological development of children (ILO 1973). It recommends that no person under 18 should engage in health threatening or hazardous work. The general minimum age for admission to employment should not be less than the age of completion of secondary schooling and should not be less than 15 years, with the exception of developing countries where the minimum age could be 14 years. It further recommends that all countries should aspire to increase the general minimum age of work to 16 years. The convention makes allowances for “light work” that do not conflict with schoolwork from age 12 for developing countries and 13 in other countries. Figure 11.1 summarizes the ILO definition of child labour. Since 1973, the ILO introduced one other important convention that specifically deals with extremely adverse forms of child labour. It is the ILO Convention on the Elimination of the Worst Forms of Child Labour, 1999 (No. 182). This convention, does not revise what is stipulated in Convention No. 138, but brings into focus an area needing immediate attention. Unlike Convention No. 138, articles 3(a)-(c) of Convention No. 182 is universal for all countries, and applies to all children under 18 years with one exception of article 3(d), which allows the definitions of harmful work to be determined by national authorities. According to Convention 182 worst forms of child labour are defined to be: •

• • •

All forms of slavery, and related activities including forced or compulsory labour, forced or compulsory recruitment of children for use in armed conflict. Use, procurement or offering of a child for prostitution or for the production of pornography. The use, procurement or offering of a child for illicit activities such as drug trafficking. (D)Work, which by its nature or the way it is conducted is likely to harm the health, safety or morals of children, as identified by national authorities. (ILO, IPU 2002).

Sri Lanka ratified convention No. 182 in 2001, and it applies to all children below the age of 18 (Weerakoon 2001). Laws and ordinances in relation to child labour in Sri Lanka National legislation to regulate child labor was first introduced in Sri Lanka with the enactment of the Employment of Women, Young Persons and Children Ordinance (EWYPCO) of 1922. This Ordinance gave effect to four ILO Conventions, three regarding the employment of children (person under 14 years) and young persons (person 14 years and above and below 18 years) and the other regarding night work for women. The EWYPCO prohibited children being employed in industries or at

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sea and permitted only those over the age of eighteen to engage in night work. These restrictions were not applicable to family work. However, persons over the age of sixteen were allowed to engage in night work provided that the work was in glass industries, iron industries or paper manufacture industries. Part four of the Children and Young Persons Ordinance (CYPO), enacted in 1939, provided additional legislation on the employment of children and young persons. Here the minimum age for employment was set at 12 years of age, provided that the other laws were abided by, such as the requirements for higher age for industrial employment. The CYPO did not allow children to engage in work during school hours, limited the number of hours a child could work and also restricted children’s participation in entertainment and other forms of employment which would harm their life or limb (Perera 2001). The most important Act on the employment of children in Sri Lanka today is the Employment of Women, Young Persons and Children’s Act No. 47 of 1956 (EWYPCA). This Act repealed the EWYPCO of 1922 and part 4 of the Children and Young Persons Ordinance (CYPO) of 1939. This was done to merge the different laws relating to women and children. Regulations made under the EWYPCA are contained in the Employment of Children Regulations of 1958, the Employment of Young Persons at Night in Industrial Undertakings Regulations of 1956 and the Employment of Young Persons at Sea Regulations of 1957 (Perera 2001). Legislation on employment of women, young persons and children commenced with this Act No. 47 of 1956. This Act has since been amended four times1 (Department of Labour 2004). According to section 34 of the EWYPCA, the “child” is defined as a person under the age of 14 years and a “young person” as one between the age of 14 and 18. Order No. 11302 of 1958 prohibits the employment of persons under the age of 12 years in any occupation. It further prohibits the employment of any child in several of occupations -- listed in the Schedule to the Order. Order No. 1116/5 of 2000 has amended the above Order and prohibits the employment of a person under the age of 14 in any occupation (Department of Labour 2004c). Appendix 1 lists articles and related conditions of EWYPCA. In addition to the EWYPCA there are several other acts on the prevention of child labour at present. These include certain provisions of the Minimum Wages (Indian Labor) Ordinance of 1927 and the Mines (Prohibition of Female Labour Underground) Ordinance of 1937. The Penal Code, which was amended in 1995 and 1998, made provision for new legislation that are of relevance to child labor. The Penal Code (Amendment) Act, No. 22 of 1995 identified trafficking in persons as an offence and established the relevant punishment for it. The Amendments introduced by Act. No. 29 of 1998 identifies making use of children (persons under the age of 18) for purposes of begging, sexual intercourse and trafficking of illicit drugs as an offence, and establishes the relevant punishment (Perera 2001).

1 These were, the Amendment Act No. 43 of 1964, the Amendment Act No. 29 of 1973, the Amendment Act No. 32 of 1984, and the Amendment Act No. 8 of 2003.

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Initiatives on the prevention of child labour and children’s rights in Sri Lanka The International Programme on the Elimination of Child Labour (IPEC) was established by the ILO in 1992 and the Sri Lanka country programme commenced in 1997. Some of the objectives of the IPEC programme in Sri Lanka were the ratification of ILO C.138 on the minimum age of employment, effective enforcement of labor laws, conducting countrywide surveys on child labor, the provision of legal support for victims, advocacy, and improving the capacity of the Labour Department and others (Jayaratne 2002). In 1998, the (IPEC) organized a sub-regional consultation on combating Trafficking in Children for Labor Exploitation in South Asia (TICSA). This was followed by the formulation of the sub-regional programme covering Bangladesh, Nepal and Sri Lanka. Sri Lanka’s output as a result has been the preparation of the National Plan of Action to combat the trafficking of children for exploitative employment including commercial and sexual exploitation. Sri Lanka is also preparing a national strategic plan to eliminate the worst forms of child labor. Other outputs include, the provision of new training for rehabilitation of counselors, research on trafficking and related laws and also dealing with child labour issues on the plantation sector as well as conflict areas (Jayaratne 2002). In the 11th SAARC summit held in January 2002, the SAARC Convention on Preventing and Combating the Trafficking in Women and Children for Prostitution was ratified. This convention treats trafficking of women and children for prostitution as a criminal offence. At this summit several other conventions were also ratified for the purposes of protecting children, such as the convention that discourages children going into hazardous and harmful labor from the SAARC region (Jayaratne 2002). An overview of prevalence of child labour in Sri Lanka Information on prevalence levels of child labour is very scarce in Sri Lanka. As explained later in the paper, several authorities are responsible for monitoring and implementing the laws relating to child labour in the country. However, mainly due to resource limitations and lack of technical capabilities, and various other reasons these authorities do not engage in gathering periodic information on the prevalence of child labour in the country. With the sponsorship of ILO-IPEC, the Department of Census and Statistics has conducted one Child Activity Survey in 1998. This is the only source of comprehensive information on Child Activities, available for Sri Lanka. However, information on worst forms of labour is not available even with this survey. Some basic statistics on child activities This section draws from available data sources to provide some basic information on children’s activities in Sri Lanka. As seen in Table 11.1, more than 90 per cent of children, who are thirteen or younger are attending school. However, non-attendance

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of school increases with age. As much as 16.5 per cent of children who are in the fourteen to seventeen age group are not attending school.

Table 11.1 School attendance by age group In other Vocational training Does not In Not Size of educational institute (formal/ attend school known sample Institute Inst informal) school 8,310 92.8 2,967 12 to 13 year olds 90.8 5,392 14 to 17 year old 81.7 5 to 11 year olds

34 0.4 15 0.5 57 0.9

18 0.2 6 0.2 60 0.9

594 6.6 278 8.5 1,087 16.5

2 0.0 2 0.1 6 0.1

8,958 100.0 3,268 100.0 6,602 100.0

Source: Authors’ calculations using Child Activity Survey – 1998 data.

Table 11.2 provides detailed information on children who are not attending school. Of the children who are not attending school, more than 10 per cent of children in all age groups reported that they were studying at home for national exams. Usually these exams are taken at ages 16 and 18. More than 17 per cent of children eleven years or younger reported that they were either studying for one of these examinations or waiting for results after the examinations. This shows some inconsistencies in the data. Also, quite a large percent of children – roughly 30 to 40 per cent in all age groups – did not give a specific reason for school non-attendance. If we ignore these inconsistencies in the data and examine the reasons for school non-attendance of the children who are 11 years or younger we find that 13.5 per cent of children not attending school are engaged in some form of economic activity. The corresponding percentages for children in the 12 to 13 age group and the 14 to 17 age groups are 20.1 and 24.7 respectively. In addition, around 5 per cent of children in all age groups are not attending school because they are engaged in house keeping activities. A larger percent of girls than boys are working and not attending school in all age groups. Somewhat unexpectedly, in each of the two younger age groups, a larger percent of boys – relative to girls – are not attending school and house keeping (see Table 11.2). According to the definitions of child labour given in the earlier section, all children who are younger than 14, not attending school and engaged in economic activities are considered to be cases of child labour. This means that in Sri Lanka roughly 1.1 per cent of children in the 5 to 13 year age group are in child labour. If one includes house keeping activities as a form of economic activity this number increases to 1.5 per cent.

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Table 11.2 Reasons for non-attendance Studying Dropped for House out due to National Economic keeping financial/other Exam at Sample Gender activity at home reasons home Other Size All

5 to 11 year olds

Girls Boys All

12 to 13 year olds

Girls Boys All

14 to 17 year old

Girls Boys

80 13.5 50 15.8 30 10.8 56 20.1 32 25.2 24 15.9 269 24.7 120 22.5 149 26.9

30 5.1 14 4.4 16 5.8 14 5.0 6 4.7 8 5.3 51 4.7 33 6.2 18 3.2

138 23.2 71 22.5 67 24.1 75 27.0 29 22.8 46 30.5 295 27.1 138 25.9 157 28.3

102 17.2 52 16.5 50 18.0 38 13.7 18 14.2 20 13.2 148 13.6 76 14.3 72 13.0

244 41.1 129 40.8 115 41.4 95 34.2 42 33.1 53 35.1 324 29.8 166 31.1 158 28.5

594 100.0 316 100.0 278 100.0 278 100.0 127 100.0 151 100.0 1087 100.0 533 100.0 554 100.0

Source: Authors’ calculations using Child Activity Survey – 1998 data.

Tables 11.3 and 11.4 provide information on the most common industries and occupations children are working in. Table 11.3 gives information on home enterprises, while Table 11.4 gives information on work for pay. As shown in these tables, most children working in home enterprises are engaged in fishing and agricultural activities followed by retail trade. This is true for all three age groups considered, although the percent of children in fishing and agriculture decreases with age. Children working for pay are also most commonly engaged in fishing and agricultural activities followed by retail trade. Unlike children working in home enterprises, 3-5 per cent of children working for pay are engaged in persons and household services, with this percent increasing with age. More than one per cent of children in all age groups are also engaged in manufacturing of food, beverages and tobacco, and in textiles, wearing apparel and leather industries.

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Table 11.3 Children working in home enterprises, Sri Lanka

Age Group

5 to 11

12 to 13

14 to 17

Number

Percent of Total

Agriculture and Fishing

735

49.1

Retail Trade

56

3.7

Manufacturing of Food, Beverages and Tobacco

21

1.4

Textiles, wearing apparel and leather industries

13

0.9

Persons and household services

10

0.7

Total

1497

100.0

By Industry

Agriculture and Fishing

331

43.8

Retail Trade

40

5.3

Manufacturing of Food, Beverages and Tobacco

11

1.5

Textiles, wearing apparel and leather industries

4

0.5

Other Manufacturing Industries

4

0.5

Restaurants and Hotels

4

0.5

Total

755

100.0

Agriculture and Fishing

683

38.0

Retail Trade

67

3.7

Manufacturing of Food, Beverages and Tobacco

37

2.1

Persons and household services

17

0.9

Textiles, wearing apparel and leather industries

16

0.9

1796

100.0

Total

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Table 11.3 Continued

Number

Percent of Total

Growers engage in paddy and other serial crops cultivators

253

16.9

Vegetable and fruit growers

151

10.1

Agricultural related other crop growers

129

8.6

Agricultural field and products related other assistants and laborers

107

7.1

Retail Trade Workers

33

2.2

Total

1497

100.0

Growers engage in paddy and other serial crops cultivators

120

15.9

Vegetable and fruit growers

57

7.5

Agricultural field and products related other assistants and laborers

52

6.9

Agricultural related other crop growers

50

6.6

Retail trade workers

22

2.9

Total

755

100.0

Growers engage in paddy and other serial crops cultivators

248

13.8

Vegetable and fruit growers

140

7.8

Agricultural related other crop growers

107

6.0

Agricultural field and products related other assistants and laborers

84

4.7

Retail trade workers

42

2.3

1796

100.0

Age Group By Occupation

5 to 11

12 to 13

14 to 17

Total

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Table 11.4 Children working for pay, Sri Lanka

Age Group

5 to 11

12 to 13

14 to 17

Number

Percent of Total

Agriculture and Fishing

348

23.2

Retail Trade

53

3.5

Persons and household sevices

47

3.1

Textiles, wearing apparel and leather industries

39

2.6

Manufacturing of Food, Beverages and Tobacco

27

1.8

Total

1497

100

Agriculture and Fishing

181

24.0

Retail Trade

37

4.9

Persons and household sevices

33

4.4

Textiles, wearing apparel and leather industries

17

2.3

Manufacturing of Food, Beverages and Tobacco

13

1.7

Total

755

100.0

Agriculture and Fishing

375

20.9

Retail Trade

105

5.8

Persons and household sevices

103

5.7

Textiles, wearing apparel and leather industries

90

5.0

1796

100.0

By Industry

Total

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178

Table 11.4 Continued

Number

Percent of Total

Vegetable and fruit growers

79

5.3

Agricultural field and products related other assistants and laborers

79

5.3

Growers engage in paddy and other serial crops cultivators

77

5.1

Agricultural related other crop growers

57

3.8

Tea Pluckers

33

2.2

1497

100.0

Vegetable and fruit growers

46

6.1

Growers engage in paddy and other serial crops cultivators

36

4.8

Agricultural related other crop growers

36

4.8

Agricultural field and products related other assistants and laborers

36

4.8

Retail trade workers

23

3.0

Total

755

100.0

Agricultural field and products related other assistants and laborers

104

5.8

Growers engage in paddy and other serial crops cultivators

78

4.3

Vegetable and fruit growers

74

4.1

Agricultural related other crop growers

54

3.0

Retail trade workers

45

2.5

1796

100

Age Group By Occupation

5 to 11

Total

12 to 13

14 to 17

Total

Statistics on worst forms of child labour are extremely scarce. Data presented in Table 11.5 gives the number of cases filed by the police department for various cases of child labour. As can be seen by these statistics, prevalence of worst forms of child labour has been a consistent problem in the country in the last several years. However, it must be noted that these numbers must necessarily be much smaller than the actual prevalence of worst forms of child labour, as many cases of worst forms of child labor are not detected. As seen, the most common offence relating to child labour is the sexual exploitation of children.

Issues Relating to Prevention of Child Labour in Sri Lanka

179

Domestic Labor

Illegal Adoption of Children

Forced Begging

Causing Injury

Not Providing Education

128

9

26

14

11

23

2

112

3

20

1

7

466

22

2

86

4

19

10

512

4

1

5

1

2000

585

29

2001

462

2002 2003

Child Prostitution

Pornography 2

Take Sexual Advantage

1

Year

Sexual Exploitation

Use for Sex Movies

Table 11.5 Offences of child labour – number of cases filed

2

72

Source: Women and Children’s Bureau, Police Department. Note: In cases where several offences were committed on the same child, the case was classified under the most severe offence.

A qualitative analysis of prevalence of child labour In the absence of comprehensive national level statistics, in this section we provide a qualitative analysis of prevalence of child labour in Sri Lanka. Child soldiers In the case of Sri Lanka, children displaced as a result of the ethnic war, and in welfare centers in uncleared areas under the dominance of the Liberation Tamil Tigers of Eelam (LTTE) a terrorist groups fighting for autonomy in the North, are under the threat of being recruited as child soldiers (Jayaratne 2002). Children are abducted and forced to enlist as child combatants. Their hair and eyebrows are shaved in order to make them unidentifiable. The “baby brigade” has in it children who are as young as twelve years of age (Goonesekera 1993). Plantation sector, agriculture and manufacturing Working in the plantation sector can be hazardous. Living conditions can be congested and there is sometimes a shortage of food. Child labourers often inhale pollutants such as tea dust and industrial waste and are also exposed to pesticides. Children have to often work for long hours in the field and this in turn can cause them exhaustion. Children engaged in these activities are unable to devote time towards education (Goonesekera 1993).

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In rubber plantations, it is such that a tapper is set a norm which must be fulfilled in order to receive the full days wages. There is a specific method in which the latex is collected and it is very important that one adheres to this during collection. Female workers are often unable to achieve these targets and therefore obtain the help of their relatives, often ones own children. In such an instance the child is not paid for his work as it is believed that it is his/her duty to help the family by working (Sri Lanka Nidahas Sewaka Sangamaya 1996). Sexual exploitation With the boom in tourism, there has been an increase in sexual exploitation of children. ‘Sex tourism’ is a lucrative business with easy profit. Tourists too prefer children for these activities, as there is far less chance of contracting sexually transmitted diseases (Jayaratne 2002). According a UNICEF estimate, by 1991 child prostitution among seven to 18 year olds (especially boys) in Sri Lanka has risen to 30,000. Young prostitutes are sexually abused by their clients and other individuals, they earn very little and are exposed to sexually transmitted diseases. Prostitution has also lead to illegitimate births and child abandonment (Goonesekera 1993). A large number of people seek employment abroad, particularly in the Middle East. As a result of this, the children of many families are at home in the absence of their mothers. Such a situation often makes the children vulnerable to abuse and trafficking (Jayaratne 2002). Fishing A very dangerous form of child labor is that in the fishing industry. Children are often taken for purposes of cleaning salt and drying fish in fishing camps (vaadiyas). These camps supposedly keep the children as virtual slaves. Children are not properly nourished and are exposed to harassment and abuse from employers and other workers (Goonesekera 1993). Domestic service Children employed by adults are faced with long working hours and very little pay. Parents are often under the impression that their children once taken away by the somewhat more affluent persons in society will be exposed to a better way of life. Parents are often more keen that their child engages in work in a home as they feel it is safer rather than work on the streets or in public places, particularly for girls. Often times the child domestic labourer does not receive any pay, instead the parents may receive a small sum of money. There is a large amount of abuse involved in domestic services as the child labourers are less exposed to the outside. The labourers are also vulnerable to the different abuses brought about by the younger children in the household. The child laborers are psychologically affected when they see that the children of the house are treated well and they (the labourers) are denied any opportunity and treated badly. With the difficulty in finding adult

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domestic aids, there has been an increase in the demand for child domestic labourers (Goonesekera 1993). Children are commonly recruited for domestic work from the tea plantation areas in the Central and Uva provinces. Such activity can be attributed to the surplus labour, the unavailability of other sources of employment and the lack of proper education facilities (Jayaratne 2002). Street work Many children, though less so for girls, engage in street work such as begging, vending or transport services (Goonesekera 1993). Children beg either with their parents or with other unrelated adults. They are exposed to sexual abuse and alcoholism and lack the opportunity to attend school. Street work, somewhat less dangerous than begging include carrying in markets and at travel stations and vending. This is less harmful because it is a form of self-employment for the child. “Bus criers” is another occupation in which children are engaged in. This causes children to be exposed to aggressive behavior of customers and sometimes traffic accidents since the children remain standing throughout the journey and buses are often driven rather fast (Goonesekera 1993). While street work tends to be somewhat less harmful, it earns very little and that too is very irregular (Goonesekera 1993). Institutions for monitoring, prevention and punishment of child labour The National Child Protection Authority The National Child Protection Authority NCPA, was established by Parliamentary Act No. 50 of 1998 (Department of Labour 2004c). The NCPA Act states that the “purpose of the body [NCPA] is to formulate a national policy on the prevention of child abuse; for the protection and treatment of children of victims of such abuse; and the coordination and monitoring of action against all forms of child abuse” (Jayaratne 2002). The NCPA has many functions, some of which include: advising the government on national policy, creating awareness on issues concerning child labour, monitoring implementation of the law, ensuring the safety and protection of victims engaged in a legal investigation, and liaising with foreign governments and international organizations for detection and prevention of child labour (Jayaratne 2002). Department of probation and child care The authority responsible for childcare and child protection is the Department of Probation and Child Care of the Ministry of Social Welfare (Jayaratne 2002). The Department engages in preventing children from engaging in exploitative employment, supporting legal action against employers of children, providing protection and care for children rescued from child labor, removing children from exploitative labour, uniting them with their families and society and rehabilitating

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children who have undergone psycho-social trauma due to child labor (Department of Labour 2004). The Department of Probation and Child care has established a national training and counseling centre at Parattha in Panadura. This centre is engaged in rehabilitation activities through counseling and vocational training (Department of Labour 2004). The Department of labour The Department of Labour under the Ministry of Employment and Labour is the Government body responsible for dealing with issues related to child labor. Specifically, the Women’s and Children’s Affairs Division, headed by the Commissioner of Labour and assisted by two Assistant Commissioners of Labour are responsible for supervision, monitoring and preparation of legal documentation. There are also 31 district labour offices and 24 sub-offices which are responsible for investigating complaints made on issues specific to women and children and in turn reporting them to headquarters (Jayaratne 2002). Among its many activities, this Division is responsible for implementing programmes under the ILO International Programme on Elimination of Child Labour (http://www.labour.gov.lk/). The Police Department The Police Department is responsible for cases where children have been abused and treated cruelly. In 1998, the Children’s and Women’s Bureau of the Police Department was established. There are 34 divisional bureaus functioning under this (Jayaratne 2002). As a consequence of the concerns voiced by the international community during the early 1980s, regarding the lack of attention of the government for the protection of women and children, the United Nations focused its interest on the rights of women and children. Behavior of such nature in the international community caused women and children in Sri Lanka to also demand that their rights be addressed. As a result, in 1979, the Women’s and Children’s Desk was established by the Police Department in the city of Colombo. It was possible for women and children to make complaints at this establishment. Manned by women officers, the main functions of this desk were to receive complaints and to provide guidance and protection to the victims (www.police.lk). In 1994, two circulars were issued to establish a Children’s and Women’s Unit at every Police station. In order to maximize efficiency, a separate Police division, known as “Bureau for the Prevention of Abuse of Children, Young Persons and Women” was established in Colombo. This is an independent Police division, under the command and control of the Senior Deputy Inspector General of Crimes, Criminal Intelligence and Organized Crimes. This began its function in the year 1998, and many of its functions include investigating crimes committed against women, young persons and children, to follow up and supervise the actions of other police stations regarding such crimes, to provide advice to other police stations regarding such crimes and also to create awareness among the public against these crimes. There are 33 of these units in the island, almost all manned by women officers. Most of the

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officers in charge of these units have followed at least three specialized courses of training relating to women and children (www.police.lk). There are 36 Children and Women’s Bureau Desks in the island located throughout the country (www.police. lk). Juvenile magistrate’s court Most child labour cases in the country come before the Juvenile Magistrate’s Court (JC). Cases are brought before the JC by the Police (Jayaratne 2002). Other organizations There are several other organizations involved with activities related to children. Of these, approximately 254 organizations, approximately 50 per cent are located in the Western province (Jayaratne 2002). Problems related to effective implementation of legislation In this section we discuss the problems relating to the effective implementation of legislation. The implementation of legislation takes place in several steps. First, probable cases of child labour needs to be identified. These cases are next investigated to determine whether an offence has been committed. In the instances when committing of an offence is recognized, a case is filed and the offenders are prosecuted in accordance with the law (Department of Labour 2004). There are problems relating to all these steps in the implementation of child labour legislation. Identification of cases of child labor is difficult as child labour is often a hidden offence (Department of Labour 2004). The labour department depends on public cooperation for identification of probable cases of child labour. Lack of awareness on laws relating to child labour and reluctance to report cases of child labour decreases the effective identification of probable cases of child labour. Lack of public knowledge regarding places to report probable cases of child labour is also a drawback. In carrying out this research study, it was noted that the exact location of the Womens and Childre’s Bureau of the Police Department was unknown to many people in the locality. Such a situation makes it difficult for the public to report cases of probable child labour to the relevant authorities. Another problem related to the identification of possible cases of child labour is that many of the telephone lines made available for reporting such offences are often busy, possibly due to the lack of adequate telephone lines, or the use of these lines for other purposes. As a result, in a state of emergency, even a victim of child labour may find it difficult to report one’s situation to the relevant authorities. Once a probable case of child labour is identified, the department of labour, and the police department with the help of probation offices must work together to carry out an investigation and prosecute offenders. Often lack of awareness amongst labour, police and probation offices on the laws relating to child labour

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limit the effectiveness of implementation of laws (Department of Labour 2004). In addition, lack of coordination between these offices and lack of financial and other resources available at their disposal for the efficient implementation of the law creates unnecessary delays. For example, labour officers are allowed to enter premises where children are employed. However, they do not have the authority to search the work premises where children are employed unless they are in possession of a search warrant obtained from the Police (Gooneekera 1993). There is division of responsibility among agencies for the enforcement of law relating to child labour and this causes inefficiency in reducing child labour related activities. This is because coordination among these agencies is poor. No agency assumes full responsibility for the work related to child labor (Goonesekera 1993). Labor Department officials have the exclusive right to prosecute in child labour cases. The Police, however, do not have such a right. The police is responsible only for providing care and protection to the child in the interim period and bringing the victim before a Magistrate’s Court sitting as a Juvenile Court. The Children’s and Women’s Bureau of the Police Department is faced with the problem of lack of 24 hour emergency service, lack of trained officers and other such drawbacks (Jayaratne 2002). While the NCPA is responsible for numerous tasks, it is faced with financial constraints, and other resources. This and the slow process of obtaining data from the law enforcement agencies prevent them from keeping up to date information on the violation of child’s rights for monitoring purposes (Jayaratne 2002). It is often recommended that most children produced in courts be placed in children’s homes. Children are meant to be placed in homes depending on the type of abuse they have undergone. However, due to shortages in space available in the homes, children are placed without any such consideration. These homes cause further unhappiness to the children as they often lack the basic facilities and children are often vulnerable to abuse. It is recommended that Judicial Officers visit these homes and obtain a realistic understanding of the situation faced by children placed in these homes. Courts should also be concerned with providing a safe environment for the children during the period the child comes before the court (Jayaratne 2002). There is a problem related to placing the child in safe custody pending trial. Sometimes the children are given back to the perpetrators, due to the lack of a proper caregiver during the interim period before a trial. Monitoring of child labour offences are made difficult due to several reasons. In the case of domestic service, since the place of work is not registered, the Labour Inspectors are unable to properly monitor the work conditions of the child (Goonesekera 1993). In such cases, labour offices rely almost entirely on the public for identification of probable offenders. The existing cadres of labour officers are not sufficient to inspect even the registered places of employment for child labour offences. Detection of child labour is also made difficult sometimes when children help out adults, while not being officially employed. For example, when children engage in rubber tapping as a help to their parents – often the mother, they are often not paid for their work. In such a situation, the employer is at an advantage, as there are no legal implications for the employer since the child is not in direct employment in the rubber plantation (Sri Lanka Nidahas Sewaka Sangamaya 1996). In some

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instances the employer is wealthy and often frightens the inspectors and make them drop the case. Inspectors are in come cases prone to corruption. Sometimes, the employers are rather poor themselves and the labour officers are reluctant to enforce the law properly (Goonesekera 1993). Such actions also impede the enforcement of law against the perpetrators. Enforcement appears to be especially weak in the provincial areas. There is a lack of information relating to child labour in areas outside of Colombo. Further, it has been identified that inspections do not take place in places outside of the city (Goonesekera 1993). There is a lack of immigration control on minors accompanying adults overseas. Such a situation has caused children to be trafficked abroad where they are engaged in employment (Goonesekera 1993). There are instances when prosecutions are delayed due to the absence of a birth certificate of the child victim as a result of failure to register the birth of the child in a poor income household. In such an instance, medical evidence need to be obtained in order to identify the child’s age and this tends to complicate the court procedures (Kamalendran 1996). Further problems related to the implementation of child labor laws are the inconsistencies in enactments regarding the minimum age of employment. The confusion arising from this contributes to increasing the prevalence of child labour in the country (Jayaratne 2002). The Government of Sri Lanka has not played a significant proactive role to control the intake of child soldiers by the LTTE, possibly because of concern that the peace process may be negatively impacted by any such actions. The Government is also at a disadvantage when addressing this issue due to lack of sufficient control in the eastern districts. Government established agencies such as the National Child Protection Agency (NCPA) and the National Human Rights Commission (NHRC) have the mandate to investigate and report on the problem of child recruitment. However, these agencies are not sufficiently funded and are poorly supported in their activities and are therefore unable to carry out their responsibilities effectively. Since the Government is at a disadvantage in addressing the issue of child soldiers, this responsibility has been given over to international organizations such as the ILO, UNICEF and Save the Children. The Sri Lanka Monitoring Mission (SLMM) was established to monitor the ceasefire agreement signed by the Government and the LTTE on February 22, 2002. The SLMM is aware of the many complaints made regarding child recruitment, however, because of more urgent issues regarding the ceasefire to be discussed with the LTTE, the SLMM is unable to give the issue of child recruitment due priority. There are also issues related to the lack of dialogue between the SLMM and other international organizations thus making attempts to control or reduce child recruitment somewhat difficult. Similar problems are faced by other South Asian countries such as Nepal, Bangladesh and to some extent Pakistan. Therefore, it appears that some of the above mentioned issues are not unique to Sri Lanka (Gilligan 2003).

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Policy Interventions The ILO recommends that all national programmes for the elimination of child labour do the following: (a) prevent children from engaging in worst forms of child labour; (b) remove children from worst forms of child labour; and, (c) rehabilitate and socially integrate children who were engaged in worst forms of child labour. The ILO recommends that in order to achieve this objective, action should be taken on several fronts including, sensitizing public opinion, enactment of comprehensive legislation, effective enforcement of legislation, education of children and support for the children and their families (ILO 2002). It is believed that educating the poor regarding the negative impacts of child labour have caused a decline in the supply of domestic child labour. Therefore, it is important to address the lack of awareness among the civil society, which in turn contributes to child labour in the country. There are programmes already under way in this regard by the Government, NGO’s and International Organizations (Jayaratne 2002). While educating the public regarding child labour, its consequences and other related issues, it is also important to give them easy access to the relevant authorities to report possible cases of child labour. For example, with regard to the issue of child soldiers in the war torn areas, it has been suggested that Tamil speaking Police officers be hired so that affected parents would feel more at ease to report complaints to the Police (Human Rights Watch 2004). Further, it is important to publicize the contact information of relevant authorities, to whom the public should report cases of child labour, and ensure that these officials are available at the contact places. In addition to improving awareness on issues relating to child labour it is essential to deter people from committing child labour related offences. Penalties for child labour offences are at present not very severe (Weerakoon 2001). Also, although attention is paid to punish the offenders, sufficient attention is not given for proper rehabilitation of the affected children (Perera 2001). It is also important to make the children aware of the different child labour laws, so that they will be able to make use of these regulations for their employment purposes (Goonesekera 1993). Legislation is an important tool available to the Government in restricting child labour. However, effectiveness of legislation as a tool for controlling child labour depends on how well legislation is understood and how it is implemented. As pointed out earlier, there are several pieces of legislation relating to child labour in existence in the country, making identification of child labour offences complicated. In the earlier analysis several problems impeding the proper implementation of child labour were pointed out. One main impediment in this regard is the inadequate coordination between the different implementing authorities. It is important that one agency be made responsible for activities related to child labour, with regard to policy formulation, planning and enforcement (Goonesekera 1993). Although there were attempts to improve coordination through training programmes and advice provided by the ILO-IPEC programme, there is still room for improvement (Jayaratne 2002). The earlier analysis on implementation of child labour laws shows the importance of training implementing officers to familiarize them with different laws relating to child labour and effectively enforcing them. Further, the officers should also have access to adequate financial and other resources to effectively implement the law,

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and they should be given the proper authority to carry out their tasks efficiently. It is also vital that there are an adequate number of trained officers, and that these officers are adequately remunerated so that they have proper incentives to carry out their allocated tasks with responsibility (Madiha 2001). Lastly, although education participation in Sri Lanka is favorable when compared to other South Asian countries, there is scope for improvement. Education participation is especially low in remote rural areas and among the poor. It is important to understand the underlying reasons for education non-participation of children and take proper action to support families and improve benefits of education in order to improve school attendance and reduce child labour for preparing all children to be productive adults. References Department of Labour. 2004, Handbook on Laws Pertaining to the Prevention of Child Labour in Sri Lanka, Department of Labour, Women and Children’s Affairs Division, Colombo: Sri Lanka. Gilligan, B. 2003, An analysis of the determinants of child labour in Nepal, the policy environment and response, Understanding Children’s Work-An Inter Agency Research Cooperation Project: Nepal. Goonesekera, S.W.E. 1993, Child Labour in Sri Lanka, Learning from the Past, ILO: Geneva. http/:www.labour.gov.lk. http/:www.police.lk. ILO. 1973, Minimum Age Convention No. 138, ILO: Geneva. ILO. 2002, Eliminating the Worst Forms of Child Labour. A Practical Guide to ILO Convention No.182, ILO: Geneva. Jayaratne, R. 2002, Situation Analysis on the Worst Forms of Child Labour in Sri Lanka, Mimeo. Kamalendran, P. 1996, ‘Legislation and enforcement of laws on children’, National Workshop on Child Labour in Sri Lanka, Colombo: Sri Lanka, September 4-6. Madiha, M. 2001. ‘Unveiling child labor and labour legislation’, Journal of International Affairs 55: 169-188. Perera, L. 2001, ‘Domestic legislation relating to child labour’, Seminar Series for Partners in the Judicial Process on Child Labour, Colombo: Sri Lanka, May 26. Sri Lanka Nidahas Sewaka Sangamaya. 1996, ‘Case study on child labor in rubber plantation’, National Workshop on Child Labour in Sri Lanka, 1996, Colombo: Sri Lanka, September 4-6. Weerakoon, B. 2001, ‘International instruments relating to child labour and obligations arising therefrom’, Seminar Series for Partners in the Judicial Process on Child Labour, Colombo: Sri Lanka, May 26. Women and Children’s Bureau. 2002-2003, Offences of Child Labour -Number of Offences Committed, Police Department, Colombo: Sri Lanka.

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Appendix 1 Employment of Women, Young Persons and Children Act No. 47 of 1956(a) Employment in an industrial undertaking (section 7): The Amendment Act No. 8 of 2003 allows only employment in technical schools approved by the Government. (b) Employment at sea (section 9): Persons below the age of 15 years cannot be employed on any ship. However, restrictions do not apply when only own family members are engaged. Further, a person under the age of 15 years can be employed aboard a school ship or a training ship which has been approved and is supervised by the Government. It is required that employers maintain a list of names and dates of birth of persons under the age of 15 years serving on board the vessels and be able to produce them upon request by an authorized officer. (c) Conditions applicable to employment in occupations other than industrial undertakings and at sea (section 13): No child can be employed in contravention of part ΙΙΙ of the original Act consisting of section 14 to 20 therein. According to Amendment Act No. 8 of 2003, a child can be employed only under the following conditions: • • •

In light agricultural work carried out by members of the same family only, and also. Before the formal starting time of school or after closure of school. In activities of a training institution operating under government supervision.

Apart from the above, no child should be employed in any occupation. According to Section 15 of this Act, if an authorized officer is convinced that a child is being employed in manner detrimental to his/her health, physical development or education and even through permission to employ the child exists under whatever section of the Act, he can prohibit such employment or lay down conditions for its continuance. A child cannot be employed in a manner preventing his attendance at school according to certain written legal directions under Section 17 of the Act. Also, when the employment is prohibited or conditions laid down for such employment, under Section 15 of the Act, employment in contravention of those directions cannot be carried out. Section 18 of the Act has restricted children taking part in any entertainment: •

Where a fee is levied for admission or any other purpose.

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• •

189

And person causing a child to take part in such entertainment including the person who procures the child for such activity, commits an offense. These conditions do not apply to any entertainment performed for a charitable purpose or by amateur drama society.

(d) Dangerous performances and training for same: According to Section 19 of this Act no person under 18 years of age should be engaged in any performance endangering his/her life or limbs. Section 20 stipulates that no person under the age of 16 years should be trained in performances of a dangerous nature. A license has to be obtained to engage a person between 16-18 years of age in performance of a dangerous nature. If such a license has been obtained, the conditions laid down therein should be adhered to in training for dangerous performances. (Quoted from: Department of Labour) Section 21 of the Act details areas where the Minister of Labour is empowered to make orders regarding employment of young persons (e.g: number of hours employed within a day or week, intervals for meals and rest etc.). Conditions of employment for persons between the ages of 14-16 and 16-18 have been specified. According to Section 3(1), the Minister of Labour can make regulations regarding the employment of persons who are between the ages of 16-18 in specific work areas. Section 3(2) is related to employment during an emergency period occurring after an obstruction or emergency. Section 4 related to rest periods given to workers engaged in night work during an emergency period occurring after an obstruction or emergency. Section 5 relates to the maintenance of dates of births and work hours in a register for persons below the age of 18 employed in a public or private industrial undertaking. Section 6(1) relates to the displaying of “conditions relating to their employment” along with Sinhala and Tamil translations. Regulations of 1957 are related to the rest period due to young persons (Department of Labour) The provisions of Part 1 of the Employment of Women, Young persons and Children’s Act No. 47 of 1956 shall not apply to young persons employed in occupations listed in the following schedule and where only members of the same family are employed.

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Occupations in schedule: • • • • • • • • • • • • • • • • • • • •

Manufacture, maintenance and repair of fishing nets and fishing equipment Manufacture, maintenance and repair of fishing vessels and accessories used by fishing vessels Manufacture of mats and umbrellas Manufacture of wood products Manufacture of earthen cooking utensils and clay products Manufacture of bricks and tiles Manufacture of garments, embroidery and lace work Laundry trade Production of jewellery Craft of carving on wood, stone and tusks Manufacture of works of art, brass and silverware and antiques Manufacture of shoes Manufacture of palm products such as kitul products, eg: jaggery Manufacture of coir products Manufacture of cigars and beedis Manufacture of toys Lacquer work (polishing) and painting Textile weaving Manufacture of twine Manufacture of straw ware (Department of Labour)

The penalty in the original Act for employment of children, as revised by the Amendment Act No. 8 of 2003 is a maximum fine of Rs. 10,000, maximum imprisonment period of 12 months and a fine imposable on some offences have increased to Rs. 5000. In addition, the Act has also introduced a compulsory compensation to be paid to the child victim, and the amount to be decided by the Courts (Department of Labour).

Index

Asian developing countries 15, 40, 79 Asian Development Bank 11, 164, 172, 179 Awareness raising 56, 102, 107, 147, 152, 169, 171 Begging 68, 146, 173, 179, 183, 191, 193 Bonded labour 24, 25, 34, 68, 105, 114, 115, 120, 146, 148, 173 Civil society 20, 139, 153, 163, 167, 169, 170, 171, 176, 178, 198 Civil unrest 16, 42, 79, 150 Commitment 18, 53, 56, 69, 71, 105, 127, 132, 135, 153, 161, 162, 163, 167, 169, 173, 178, 179 Compulsory education 33, 72, 105, 135, 136, 138, 139, 153 Credit constraints 25, 26, 32, 36, 115, 124 Curriculum 52, 58, 133, 134, 156, 175 Cycles of growth 19, 39, 40, 54 Debt 24, 25, 35, 72, 114, 130, 131, 141, 146, 152 Demand 7, 17, 19, 23, 24, 25, 27, 29, 33, 36, 41, 45, 46, 47, 55, 57, 58, 68, 69, 72, 93, 103, 113, 122, 147, 148, 157, 193, 194 Demand factors 7, 19, 68, 69, 72 Developing world 15, 11 Development assistance 78, 79, 82 Discrimination 29, 50, 68, 106, 114, 128, 141, 152 Division of labour 45, 46, 49, 57 Domestic work 29, 63, 113, 193 Donor organizations 102, 107, 108, 109 Dualism 49, 57, 59 Economic activity 28, 57, 64, 77, 85, 94, 129, 146, 185, 186 Economic exploitation 18, 65, 66 Economically active 8, 25, 84, 95, 106, 111, 113, 124, 148, 168, 178

Economies of sale 45, 46, 48, 57 Education policy 37, 113, 115, 171 Education programs 33, 70, 102, 105, 135 Elementary education 106, 118, 119, 122, 133, 134, 142 Emerging issues 5, 15, 17, 19, 21, 65 Enforcement 18, 20, 56, 66, 69, 81, 82, 95, 112, 138, 147, 148, 152, 165, 170, 172, 184, 196, 197, 198, 199 Exploitation 18, 20, 35, 64, 65, 66, 68, 70, 75, 78, 98, 106, 109, 110, 111, 125, 128, 137, 138, 140, 142, 146, 150, 153, 155, 163, 167, 173, 184, 190, 191, 192 Family income 31, 115, 116, 133 Garments 78, 86, 87, 88, 89, 94, 97, 102, 109, 110, 147, 202 Generation 27, 36, 51, 101, 102, 104, 106, 122, 136, 140, 165, 172 Girl children 95, 103, 110, 114 Globalization 17, 19, 23, 59 Government intervention 18, 52, 55, 58 HIV Aids 69, 95, 156, 161 Household work 28, 81, 94, 104, 138 Human capital 26, 27, 30, 31, 33, 75, 118, 161 Human rights 9, 63, 73, 74, 127, 142, 153, 155, 170, 177, 197, 198 Illicit activities 64, 68, 70, 94, 182 Income distribution 25, 26, 34, 116 Income generating activities 102, 104, 105, 166 Inequality 25, 26, 27, 35, 49, 57, 113, 115, 164, 165 Informal sector 28, 80, 94, 157, 165 Infrastructure 17, 24, 25, 33, 40, 53, 54, 56, 66, 68, 72, 79, 134, 142, 156, 157, 165

192

Child Labour in South Asia

Integrated approach 5, 19, 63, 65, 67, 69, 71, 73, 74, 75, 139, 163 International trade 36, 47, 57, 58, 77, 83, 124 Labour intensive 33, 77, 82, 97, 147 Labour market 20, 24, 34, 49, 51, 108, 111, 116, 120, 122, 123, 133, 135, 137, 146, 163, 166, 167 Literacy rates 111, 115, 118, 119, 122, 149 Living standards 26, 54, 69, 71 Low income 25, 51, 52, 85, 104, 118, 131 Malnutrition 19, 93, 131, 147 Market imperfections 24, 25, 32 Micro-credit 102, 104, 105, 172 Migration 40, 41, 83, 106, 147, 148, 150, 152, 154, 161, 162, 166, Minimum age 8, 32, 64, 66, 70, 71, 73, 81, 82, 94, 95, 108, 112, 138, 151, 181, 182, 183, 184, 197, 199 Minimum age convention 32, 64, 73, 81, 82, 94, 181, 199 National policy 55, 56, 122, 134, 167, 178, 193 Natural disasters 93, 97, 108, 150 Older children 28, 29, 51, 103, 106 Political will 11, 56, 58, 138, 139 Poverty 7, 11, 15 Poverty alleviation 70, 71, 72, 82, 147, 161, 172 Poverty reduction 78, 95, 108, 154, 169, 178 Primary schools 106, 114, 134 Prostitution 34, 64, 70, 82, 94, 98, 102, 128, 139, 143, 146, 152, 155, 158, 163, 173, 182, 184, 191, 192 Push factors 69, 72, 96, 97 Regulation 2, 34, 66, 120, 121, 123, 136, 138 Rural areas 24, 26, 34, 60, 68, 80, 81, 95, 96, 97, 103, 104, 107, 108, 109, 113, 118, 119, 132, 134, 146, 148, 149, 156, 157, 165, 166, 168, 171, 172, 178, 199

Sanctions 25, 32, 36, 66, 71, 77, 78, 82, 142, 167, 180 School attendance 8, 33, 36, 66, 148, 153, 185, 199 Sex workers 40, 97, 109, 110 Sexual abuse 65, 68, 128, 138, 146, 155, 193 Skill development 103, 106, 157, 167, 170 Skill training 102, 103, 108, 169, 175, 176 Slavery 15, 64, 68, 94, 127, 128, 137, 146, 155, 163, 174, 182 Social mobilization 107, 139, 156 Socio-economic conditions 18, 42, 50, 56, 93, 147 Stakeholders 11, 160, 162, 167, 169, 170, 171, 178 Supply 7, 17, 19, 23, 24, 25, 27, 29, 33, 36, 41, 44, 46, 68, 69, 105, 120, 142, 180, 198 Technical progress 19, 39, 42, 43, 57 Trade unions 2, 97, 103, 107, 109, 167, 176 Trafficking 64, 68, 94, 146, 148, 150, 151, 153, 155, 156, 163, 173, 174, 182, 183, 184, 192 Training facilities 46, 50, 52, 54, 55, 58 Unemployment 36, 51, 55, 106, 110, 112, 113, 114, 115, 117, 123, 126, 140, 142, 143, 180 Unskilled labour 33, 111, 120 Urban areas 8, 34, 95, 96, 103, 104, 106, 107, 109, 113, 122, 134, 147, 158, 160, 164, 166, 168, 172 Vicious cycle 40, 41, 44, 46, 49, 51, 52, 56, 57 Wealth 17, 27, 57, 72, 73, 125, 141, 142 Workforce participation 15, 79, 80 Working conditions 15, 34, 48, 136, 147, 151, 174 Workplace 2, 103, 104, 105, 173 Worst forms of child labour 19, 34, 51, 55, 56, 63, 64, 66, 68, 70, 72, 73, 74, 81, 82, 94, 95, 108, 110, 112, 114, 146, 151, 155, 162, 163, 169, 170, 173, 178, 180, 182, 190, 198, 199 WTO 19, 77, 82, 83