The document discusses gaps in conceptualizing and measuring the worst forms of child labour (WFCL) in Bangladesh. It finds: 1) National surveys have statistical blind spots due to narrow definitions of WFCL that exclude invisible/hidden sectors. 2) Labour laws focus on formal sectors but most child labour occurs informally. 3) Surveys inadequately capture physical/sexual abuse and harm. It calls for an inclusive conceptual framework to comprehensively address WFCL through both quantitative and qualitative research, challenging barriers to data collection and revising policy/legal documents.

1. The Forbidden Terrain of the Worst Form of
Child Labour:
A critical look at implications of legal tools and
definitions on national surveys in Bangladesh
AKM Masud Ali
Executive Director, INCIDIN Bangladesh
Inception Scoping Workshop: Evidence on Educational
Strategies to Address Child Labour in India & Bangladesh
13-14 Nov 2019, New Delhi, India

2. Topics Covered
Challenges in conceptualization of the worst form of child labour in legal instruments of
Bangladesh.
Implications of compartmentalization of unconditional worst from of child labour (WFCL) and
hazardous child labour in terms of policy-legal and institutional responses.
Questions appropriateness of placing WFCL within scope of labour governance rather than
child rights governance.

3. Objectives
Present and analyse existing database (national surveys) on hidden and WFCL
Analyse limitations of policy and legal definitions in setting scope and parameters of
planning and knowledge building processes
Introduce conceptual framework to contextualise barriers in promoting comprehensive
understanding and approach in addressing WFCL

4. The prevalence and
dimensions of the
Worst Form of Child
Labour in Bangladesh

5. Hazardous child labour often hidden
Spread Visible Child Labour Unseen Child Labour
Concentrated
• Work in street-based workshops
• Street vending
• Tourist aides/souvenir selling
• Restaurant serving
• Construction
• Street-based car washing/watching
• Agricultural work in plantations
• Factory work
• Cleaning Scavenging
• Offshore fishing (platforms & ships)
• Work in tanneries
• Work in cemeteries
• Dishwashing in restaurants
Dispersed
• Family agricultural work
• Livestock herding
• Lake/river fishing
• Water and wood gathering
• work of Porter/ carrying grocery bags
• Recycling and rag-picking
• Domestic work (double invisibilty for
“married girls”)
• Artisanal mining
• Brick kiln work
• Home-based production
• Household chores in own home that are
hazardous or performed for long hours

6. Distribution of Children in
Hazardous Sectors
Number of boys in this category decreased by 34%
Number of girls increased by 32%
Survey does not directly reveal sectors in which hazardous employment increased nor
causes
Characteristics
2002-2003 2013
Male Female Total Male Female Total
Children in hazardous work (‘000) 1172 120 1291 772 508 12 80

7. Where are children working?
Office/ factory/ workshop/ shop:
• 14-17 years age group: 41.8%
• 12-13 years age group: 70.3%
• 6-11 years age group: 46.2%
However, definitional structure of the survey leaves hidden tracks which reveal some sectors
in which additional child labourers are exposed to hazardous labour
Survey includes 38 sectors/processes listed by government as “hazardous for children”
Also included a set of definitions which allowed recognition of child labor in non-hazardous
sectors

8. Identifying harm in non-hazardous sector
If age category is 5-11 years and child worker will be those who are 12-13 years or 14-17
years
Children working for more than 12 hours up to 42 hours each week in non-hazardous
category may include child labour if the age category is 5-11 years and child worker will be
those who are 12-13 years or 14-17 years
Child working more than 42 hours a week in non-hazardous category is considered
hazardous child labour in terms of time for 5-17 years age group
Child engaged in notified hazardous job considered as hazardous child labour

9. Definition & Age of Child Labour (NCLEP)
Bangladesh Labour Act 2006 (Act XLII of 2006/2013) defines the “child” and the “adolescent”
based on age
Section 2(8): a person who has attained the age of 14 but below the age of 18 is considered
an “adolescent‟
Section 2(63): a person not attaining the age of 14 is defined as a “child‟

10. Child labour is paid or unpaid work that is mentally, physically, socially,
or morally conjugated with danger to children or the infliction of harm
to children; activities that deprive children of the opportunity to go to
school, or in addition to schoolwork and household responsibilities,
loads additional work done in other places, which enslaves children and
separates from their families; work performed by a child under the
minimum age for entering into employment relationship with the
employer according to the labour legislation of Bangladesh.
Intergenerational Impacts
Social
Harms
Physical
Harms
Moral
Harms

11. Findings of CLS 2013: Dimensions of hazards
1.10 million child labourers (out of 1.70 million) work more than 42 hours each week. This is
defined as hazardous child labour and constitutes 54.9% of the total
66.4% of boy and 63% of girl child labourers work for +42 hours a week
64.1% rural, 57.7% urban, 77% city corporation areas children work +42 hours each week
99.8% of hazardous child labour of 12-13 years age group employed full time
92.8% of hazardous child labour of 6-11 years age group employed full time
Children who are engaged in hazardous child labour are usually employed full time
17.94% of male working children and 15.11% of female working children are exposed to
dust, fumes, noise and vibration

12. Findings of CLS 2013: Invisibility of WFCL
0.26 million child labourers engaged in notified hazardous work
Over a million of children identified in the national child labour survey are invisible to formal
authorities
Survey did not include “compulsory WFCL”: children exposed to commercial sexual
exploitation and trafficking, illicit production and trafficking of drugs, bonded labour and
forced marriage remained excluded from the “statistical visibility”
Data on trafficking and sexual exploitation are anecdotal. Lack of reporting due to social
stigma, pressure of the criminal network, and secretive nature of the crimes. Data available
at public and policy domain lead to severe underestimation.
Survey does not include these children. Methods, tools, and the approach through which
data are collected do not suit the context of these children.

13. Findings of CLS 2013: Invisibility of harm
Most common form of abuse is 'constant shouting/ insult' by employer (17.1%)
Survey does not significantly register other forms of abuse such as physical or sexual abuse
Limitation in capturing sensitive data partially explained by limitations of quantitative survey
regarding such data. Low prevalence of sexual abuse can be questioned based on the
gender context and sector of employment
A study of 71 domestics in Bangladesh found 25% of girls interviewed (average age: 11)
considered they had been sexually abused or raped
Other studies reveal “silent abuse”, or discrimination on the minds of the child labourer.
Experience of discrimination and isolation in employer’s household cause psychological toll.
Approach/methods and scope critically influence ability of revealing dimensions of harms

14. Global & National Legal Instruments
ILO Convention No. 182 is ratified by Bangladesh. Includes:
• all forms of slavery
• prostitution, pornography
• illicit activities, in particular for the production and trafficking of drugs
• work which is likely to harm the health, safety or morals of children
Bangladesh has not ratified ILO Convention No.138 which sets the general minimum age for
(non-hazardous) work and prohibits hazardous work for all children under the age of 18.
Legal instruments define minimum age flexibly with potential age lower than 18 for countries
like Bangladesh, where minimum age of employment is 14 years (Labour Act 2006)
Education Policy sets compulsory age for free education until eighth grade (14 years)

15. Global bias towards Labour Governance
Bangladesh Labour Act allows children aged between 14-18 years carry out light work with
health certificate from appropriate authority.
Ratification of ILO Convention No.138 by Bangladesh may raise minimum age of
employment to 15 years.
Ratification of global agenda on child labour (UN instruments) are biased towards labour
rights and labour governance.
Ratification of these instruments offer greater protection and improved legislation
But these tools of child rights protection in labour situations are not adequate to holistically
address rights of the children (proclaimed in UNCRC).

16. National Law & Gaps in Labour Governance
Labour Act focuses primarily on formal sector of the economy while largest majority (89.3%) of children
engaged in hazardous work employed in informal sectors.
Findings show a higher proportion of younger children working in the informal sector. Act unable to
protect not just the largest proportion of but also the youngest child labourers. Challenge faced by
formal authorities in monitoring the informal sector.
Act does not address compulsory WFCL. These are addressed by Prevention and Suppression of
Human Trafficking Act 2012.
Definitional ambiguities over minimum age of employment and administrative listing of hazardous child
labour contribute to statistical invisibility. Not at par with National Children’s Act 2013.
Policy efforts weakened and scope of legal enforcement limited. Partial understanding of and attention
to WFCL lead to segmented, uncoordinated, ambiguous actions in different ministries. Addressing both
aspects of WFCL beyond legal enforcement is obscured due to definitional and conceptual anomaly.

17. Gaps in the Existing Data & Knowledgebase
National Child Labour Survey (NCLS) applies conceptual framework which (as per Labour
Act) considers minimum acceptable age of employment as 14 instead of 18 years (as per
Children Act 2013). Leads to under-estimation of prevalence.
Prevalence of hazardous child labour as per the legal list on hazardous child labour and
conceptual definition of hazardous child labour differs. NCLS definition of hazardous child
labour based on per week duration of work and harms, while legal tools and monitoring
mechanisms unable to recognise and address hazardous child labour with such diversity.
Gap in converting existing statistical visibilities in legal cognation.
NCLS reveals survey approach not suitable for recording incidence of physical and sexual
abuse experienced by children at work. Makes ground for qualitative research or mixed
method in which sensitive issues can be approached within national surveys.

18. Gaps in the Existing Data & Knowledgebase
Informal sector difficult to monitor and study as access to children is highly restrictive.
Children are often not visible (e.g. child domestics and home-based craft sectors). Family-
based employment of children (unpaid labour) often not included in studies as “child labour”.
Leads to statistical invisibility of “hazardous child labour”.
Work in home-based industries often seen as a way of acquiring useful skills for the future
and beneficial for marriage of girls. This social acceptance means these sectors often
excluded from scope of studies and surveys.

19. Gaps in the Existing Data & Knowledgebase
Geographical and ethnographic pockets remain invisible to national surveys, e.g. child
labourers in tea gardens (Sylhet Division). Ethnic communities working in these tea gardens
remain hidden in the aggregated database or left excluded from the sample.
Existing national database does not reveal existence of these children and sectors of child
labour. Micro-level and sector-specific studies address gaps but are often conducted in
isolation while child labour originates from common set of causes and generate similar
outcomes for children.
Notwithstanding these limitations, micro studies conducted on these excluded sectors have
provided invaluable insights.

20. Gaps in the Existing Data & Knowledge Base
Gender dimension of trends in hazardous child labour shows number of boys decreased by
34% but number of girls increased by 32%. No research explaining increase.
Critical element of “hazardous child labour” listing is exclusion of “child domestics” from
official list.
Long work-hours and harmful working conditions (especially when physical abuse, sexual
abuse, and psychological harms considered) are not taken into consideration by legal
bodies on labour governance. Reveals limitation of labour lens in assessing and
understanding child labour.
Challenge of studying hidden groups of hazardous child labour apparent with disputed
estimations on prevalence. Girls and boys employed in formal sectors often “well-guarded
secrets”. Children employed in informal sectors often out of public domain. Institutional setup
of surveys often bureaucratic and restricts access of citizens.

21. Towards an inclusive
conceptual framework
on Worst Form of
Child Labour

22. Challenging the Forbidden Terrain of WFCL
Holistically studying the four components of WFCL (including hazardous and compulsory
WFCL) within an inclusive conceptual framework.
Need for conducting both national surveys and micro (qualitative) studies to ensure
statistical visibility of WFCL.
Resist barriers of employers and apparent invisibility of WFCL in some sectors.
Businesses, NGO, and trade union networks (e.g. BEA, ATSEC, NACG, SKOP, BILS) can
be “door openers”. Effective engagement and collaboration of research agencies,
development actors, and universities with these actors.
To inform and influence policy-legal reforms, research initiatives need to have institutional
alliance with child labour/WFCL-related authorities (e.g. MoLE, MoHA, NCLWC).
Future research should highlight invisibility of girls and ethnic minorities.

23. Challenging the Forbidden Terrain of WFCL
Strong role of policy-legal and planning documents in shaping mind-set of institutions and
policy actors.
Need to thoroughly review these documents and identify incongruence with concept of
indivisibility of rights of children (as promoted in child rights governance).
Work on definitions and implications of definitions (of children, child labour, and WFCL) to
build an inclusive framework on WFCL.
Segregation of hazardous and compulsory WFCL in legislative and administrative
arrangements and predominance of labour governance lens regarding child labour need to
be questioned to build inclusive framework of reference.