Child Labour in Bangladesh
Meaning
of Child Labour: Skeleton of Acts
Reasons
behind the Child Labour in Bangladesh
Illiteracy:
Another Prevailing Cause
Legal
Mechanism of Child Labour in International And National Law
Universal
Declaration of Human Rights 1948
International
Covenant on Civil and Political Rights 1966
Minimum
Age Convention, 1973 (No. 138)
Prominent
Judgments on Child labour
Labour
Act 2006: Prohibition and Allowance of Child Labour
Present
Scenario of child Labour
Initiatives
Taken against Preventing Child Labour
Child Labour in Bangladesh
Abstract:
Bangladesh is populated with 164.7 million people in the world. It is 1,
47,570 square kilometers in total area. The population density in Bangladesh is 1278
per square km. The population of Bangladesh, approximately 47% is under
16 year and 17% of population is under 5 years of age. Industry,
transportation, commerce, domestic service, metal and leather factories,
construction and garment factories engaged 65% of total labour force. For that
child of Bangladesh is in vulnerable situation. The children are treated as a
cheap labour. Though child labour is prohibited in limited working scope, they
always face various types of problems like bad working condition, unfixed salary,
lack of recreation, mental physical and sexual harassment as well. Due to
poverty and other socio-economic factors child are employed in various sectors
in contrast of their proper rising. Bangladesh is signatory party of numerous
international treaty and covenant to ensure prohibition of child labour. Labour
Act 2006 is an outcome of international obligation and in conformity with the
treaty. In this article, I will describe determining age of child labour,
determining factors employing them in various sectors, observance of
international obligation of prohibition of child labour.
Keyword: Child
labour, Bangladesh, National Law, International law, Labour Act 2006, Treaty.
Introduction
The
term “child labour” refers to work that is mentally, physically, socially or
morally dangerous and harmful to children, also interferes with their schooling
by depriving them of the opportunity to attend school, obliging them to leave
school impulsively or requiring them to attempt to combine school attendance
with excessively long and heavy work. There are many reasons of child labour.
Many international covenant has been passed and constitutional safeguard has
also been provided. Moreover in 2006, Labour Act 2006 (Act no. XLII) Has been passed by abolishing many laws not
for proper addressing the most phenomena i.e. child labour in the world.
However in practice, these international laws, constitutional safeguards and
Labour Act are violated tremendously. Yet government, numerous NGO are working
their best to resolve the problem.
Meaning of Child
Labour: Skeleton of Acts
In pursuance of layman definition, child
labour may be defined as person under certain age involved in working which is
unreasonable for him is called child labour. The term 'child labour' is often
defined as work that deprives children of their childhood, their potential and
their dignity, and that is harmful to physical and mental development. It
refers to work that is mentally, physically, socially or morally dangerous and
harmful to children; interferes with their schooling by depriving them of the
opportunity to attend school; obliging them to leave school prematurely; or
requiring them to attempt to combine school attendance with excessively long
and heavy work.[1]
UNICEF defines child labour in the following:
“A child is considered to be involved in
child labour activities under
the following classification:
a. Children
5 to 11 years of age that during the week preceding the survey did at least one
hour of economic activity or at least
28 hours of domestic work, and
b. Children
12 to 14 years of age that during the week preceding the survey did at least 14
hours of economic activity or at least 42 hours of economic activity and
domestic work combined.[2]
The United Nations Children's Fund (UNICEF)
defines child labour as any activity that affects a child's health and
education. Its definition also states that child labour is work that leads to
deprivation of childhood activities, exploitation and abuse.[3]
The International Programme on the
Elimination of Child Labour (IPEC) defines employment and economically
active children as "paid and unpaid work in the formal and non-formal
sectors of rural and urban areas". This definition excludes children
working in their own households.[4]
The Bangladesh Bureau of Statistics considers
children aged 5–14 who work for one or more hours (per week) in both paid and
unpaid settings to be child workers. For children older than 10, any economic
activity is considered a form a child labour. This includes work both inside and
outside of the household setting.[5]
Now question arises who is child. There is huge controversy about definition of child before passing
the labour act there were a number of statues which stipulate the minimum ages
at which children can legally work in certain sectors. The
Employment of Children Act 1938 defined child and
allowed children aged 15 or up to work in the
railway industry and in transporting goods in port jobs. It also allowed for
children aged 15–17 to work night shifts. It prohibited children under 12 from
working in hazardous industries but did not mention protection for children
between the ages 12–18.[6] The Factories Act 1965 defined child and prohibited children under
14 to work in or be present in factories. Factories was defined as any place
with more than 10 people employed. It prohibited any work duration of longer
than 5 hours between 7pm to 7am.[7] Shops and Establishment Act 1965
prohibited children under the age of 12 from working in any establishment. It
allowed children aged 12–18 to work in establishments but limited the number of
work hours to a maximum of 7 hours a day.[8]
Recently passed in 2013 namely The Children Act 2013 repealing
the previous Children Act 1974 in conformity with minimum age convention 1973.[9] It states that notwithstanding
anything contained in any other law for the time being in force every person
shall be deemed to be a child who is below the age of 18 years.[10]
However,
above mentioned legal provisions are not applicable whatever the age of the
child is. As the Labour Act 2006 specifically defined child, adolescent and
their procedure to appoint in any employment in a restricted way (details in
the below). Further it is a special law which prevails over all the acts in
this prevalence.
Reasons behind the Child
Labour in Bangladesh
Poverty:
A Major Cause
Around
84.8% of the population is living in rural areas in Bangladesh, a mainly rural
country. It is a land of agriculture, and more than half of the rural
population has land.[11]
Many children engage in to work in order to supplement the family income
and the parents do not even restrict them. As it is evidenced from ILO and the
United Nations efforts to reduce child labour through poverty reduction
policies. Poverty is the primary factor that insists them to start working for
their livelihood rather than going to school for education.[12] Poverty is widely recognized and acknowledged
as the primary cause of child labour. In a 2013 statistical report, UNICEF
estimates that around 43.3% of the population in Bangladesh is currently living
below the international poverty line in rural area.[13]
Economic discrimination of urban and
rural area accelareted the poverty. The increasing gap between the rich
and the poor have adversely affected children more than any other group.[14] As a result, child labour of rural area is paramount.
A questionnaire shows the following result.[15]
Questionnaire of the study were what are the causes of child labour in
Bangladesh.
From the above chart, it shows that in response to
the statement that “Poverty is the basic reason of child labour” – 73% of the
respondent strongly agreed.[16]
Illiteracy:
Another Prevailing Cause
Most
of the people of Bangladesh are illiterate. They are not conscious about the
education of their child. They envoy their children without knowing their
impact. According to UNESCO
Bangladesh it has an adult literacy rate of 72.76%. While the male
literacy rate is 75.62%, for females is69.9%.[17]
Though the rate of literacy rate is increased but it is still not improved in
village area where the most children is employed in numerous sector. There is a
strong relationship between child labour and school attendance. In a 2010
statistical report, UNICEF measured that around 50% of all working children in
Bangladesh do not attend school.[18]
The survey by above questionnaire show the following result:
Here,
from the chart, it shows that 56% of the children “Agreed” that their parents’.[19]
Demographics
The demographics of the population in Bangladesh can
also be a predictor of child labour incidence rates. Children
in rural areas are more likely to work than children in urban areas. Family
dynamics also contributed to child labour incidence rates. These findings by
Salmon (2005) indicate that children act as a source of income generation
because households that maximize all human capital tend to be households that
have incidences of child labour.[20]
High
Fertility
Geographically female of Bangladesh very much
fertile. Number of children create financial problem and which forced them to
work. In rural area, the problem is acute.
From the above chart,
it shows that 36% of the respondents “Strongly Agreed” and, surprisingly 10% of
the respondents “Disagreed” about the fact.[21]
Legal
Mechanism of Child Labour in International and National Law
International Covenants
Universal
Declaration of Human Rights 1948
The
Universal Declaration of Human Rights contains two articles that specifically
refer to children. Article 25(2) states: “motherhood and childhood are entitled
to special care and assistance. All children whether born in or out of wedlock
shall enjoy the same social protection. “Article 26 calls for the right to
education for all, and deals both with access to and the aims of education.
Thus, education is to be free, at least in the elementary and fundamental
stages; elementary education is to be compulsory; and education should be
“directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms.”
Nevertheless, “parents have a prior right to choose the kind of education that
shall be given to their children.”
International
Covenant on Civil and Political Rights 1966
States
Parties are to respect the liberty of parents to ensure their children’s
religious and moral education in conformity with their own convictions.[22]
Minimum Age
Convention, 1973 (No. 138)
This fundamental
convention sets the general minimum age for admission to employment or work at
15 years (13 for light work) and the minimum age for hazardous work at 18 (16
under certain strict conditions). It provides for the possibility of initially
setting the general minimum age at 14 (12 for light work) where the economy and
educational facilities are insufficiently developed.[23]
The
worst form of Child labour Convention, 1999. (No. 182)
This fundamental convention defines as a
"child" a person under 18 years of age. It requires ratifying states
to eliminate the worst forms of child labour, including all forms of slavery or
practices similar to slavery, such as the sale and trafficking of children,
debt bondage and serfdom and forced or compulsory labour, including forced or
compulsory recruitment of children for use in armed conflict; child
prostitution and pornography; using children for illicit activities, in
particular for the production and trafficking of drugs; and work which is likely
to harm the health, safety or morals of children. The convention requires
ratifying states to provide the necessary and appropriate direct assistance for
the removal of children from the worst forms of child labour and for their
rehabilitation and social integration. It also requires states to ensure access
to free basic education and, wherever possible and appropriate, vocational
training for children removed from the worst forms of child labour.[24] Further Bangladesh has ratified the
following convention:
Constitutional
Safeguards
The
Constitution of Bangladesh safeguards fundamental rights to life, liberty, and
equality under the law, protection of the law, freedom from torture and
prohibition from forced labour. The provision of the following articles can be
constructed about constitutional aspect regarding child labour. The fundamental
principles of State policy inter alia,
emancipate of exploitation[25],
providing the basic necessities of life, including food, clothing, shelter,
education and medical care, right to reasonable rest, recreation and leisure
and the right to social security, to public assistance in cases of undeserved
want arising from unemployment, illness or disablement, or suffered by orphans[26],
establishing a uniform, mass-oriented and universal system of education and
extending free and compulsory education to all children to such stage as may be
determined by law,[27]
raising the level of education and improving public health.[28]
These provisions are not legally enforceable but in a negative way it can be
enforced.[29]
Part
3 of the constitution is inviolable. Provision inter alia non-discrimination on grounds of religion, race, caste,
sex or place of birth,[30]
equality of opportunity and affirmative action and reservations for children,[31] prohibition
on forced labour[32]
can be resort to address child labour.
Prominent
Judgments on Child labour
In
Indian constitution child labour is expressly prohibited in Article 4. This
proposition is enunciated in MC Mehta vs. State of
Tamil Nadu[33]
in the following way “Our Constitution makers, wise and sagacious as they were,
had known that India of their vision would not be a reality if the children of
the country are not nurtured and educated. For this, their exploitation by
different profit makers for their personal gain had to be first indicted. It is
this need, which has found manifestation in Article 24, which is one of the two
provisions in part IV of our Constitution on The Supreme Court of India
observed that it was a clear breach of Article 24 (Prohibition of employment of
children in factories, etc.) of the Constitution to employ children below the
age of 14 in construction work. The court proceeded to prohibit any kind of
violation of Articles 23 and 24 (Right against Exploitation) and further laid
emphasis on strict observance of fundamental rights by private individuals and
spoke strongly against any form of forced labour.[34]
In another case, took into cognizance the employment of children in the carpet
manufacturing industry in Mirzapur, Uttar Pradesh. It instructed the District
magistrate to conduct raids, and subsequently got 144 children, who were under
the forced custody of the owners, released.[35]
Further the court directed that children who were being exposed to chemical
fumes and coal dust from working near furnaces in the glass industry were
released from their employment.[36]
In
a case the court instructed to government to take necessary measure by
eliminating child labour, which included the conducting of surveys for the
identification of working children, ensuring the withdrawal of children working
in hazardous industries and ensuring their education in appropriate
institutions. In cases where a child was withdrawn from work, the Supreme Court
directed the Government to ensure that at least one adult member of the child’s
family receives employment.[37]
The fundamental right against exploitation. The framers were aware
that this prohibition alone would not permit the child to contribute its mite
to the nation building work unless it receives at least basic education.
Article 45 was therefore inserted in our paramount parchment casting a duty on
the state to endeavor to provide free and compulsory education to children.”
Labour
Act 2006: Prohibition and Allowance of Child Labour
In 2006, government has
enacted a unified and simplified labour legislation repealing different
relevant laws titled The Bangladesh Labour Act 2006 (Act XLII of 2006) which
defines “child” and “adolescent” on the basis of age. In pursuance of the Act a
person not attaining the age of 14 is defined as a ‘child’,[38] and person who has
attained the age of 14 but below the age of 18 is considered to be an
‘adolescent’[39] Except that the
definition of ‘child labour’ or ‘child labourer’ cannot be traced from any
public or private document in this respect. The Act stipulates that no child
shall be employed or permitted to work in any occupation or establishment.[40] However section 44
conditionally allows the employment of children aged 12-14 as worker in the
following words:
“A
child who has completed 12 (twelve) years of age, may be employed in such a
light work which is not dangerous to his health and development or shall not
interfere with his education”
So it transpires
from the above section that if works are not dangerous and hampering education
is allowed. Further no parent or
guardian of a child shall make an agreement with any one allowing the child to
be appointed for any work.[41]
In violation of the provision such parents or guardian shall be punished with
fine which may extend to 1000 taka.[42]
Further adolescent can be employed to work in any occupation or establishment,
on fulfilling some condition.
a. A
certificate of fitness by a registered medical practitioner is in the custody
his employer ; and
b. He
carries a token containing a reference to such certificate.
However, there
no restriction on the employment of adolescent in any occupation or
establishment either as an apprentice or receiving vocational training.[43]
Further the Government may permit the employment of adolescents in any
occupation and establishment if thinks that
a. An
emergency exits and
b. It is
necessary for public interest.
Adolescent
shall not be allowed in any establishment to clean, lubricate of adjust any
part of machinery while that part is in motion or to work between moving parts,
of any machinery which is in motion[44]
adolescent shall work at any machine if
-
a. He
has not been fully instructed as to the
dangers arising in connection with the machine and the precautions to be
observed, and-
b. He
has not received sufficient training in work at the machine, or is under
adequate supervision by a person who has thorough knowledge and experience of
the machine.
The Government may from time to time publish
in the official gazette the list such of hazardous works where no adolescent
shall be employed[45].
Working Hour of adolescent
|
Description |
Actual Work |
Over Time |
Reference |
|
Factory or
Mine |
Not
more than 5 hours in any day and 30
hours in a week; |
Not more than 36 hours in any
week; |
41(1)&4 |
|
Other
Establishment |
Not more than 7 hours in any day and
forty-two hours in any week. |
Not
more 48 hours in any week. |
41(2)&4 |
Further
no adolescent shall be required or allowed to work in any establishment between
the hours of 7.00 P.M and 7.00 a.m. [46] the period of work of an adolescent employed
in an establishment shall be limited to two shifts which shall not overlap or
spread over more than seven and a half hours each.[47]
No adolescent shall be required or allowed to work in more than one
establishment in any day.[48]
Apparently
this appears that the act has complied with all international provision as
stipulated in minimum age convention 1973 which states that countries are free
to specify a minimum age for labour, with a minimum of 15 years. A declaration of
14 years is also possible when for a specified period of time. Laws may also
permit light work for children aged 13–15 (not harming their health or school
work). The minimum age of 18 years is specified for work which "is likely
to jeopardize the health, safety or morals of young persons".[49]
However
many academics want absolute ban on child labour. Richard Carothers a Toronto
based child development expert said the hard headed attitude of the big
bureaucratic international agencies, immediately putting kid out of work
because they think they should be playing football instead is definitely not
the way to approach this. Children need to protect from nasty situation and
there is a debate over whether the percentage of working children in nasty
situation is small percentage but in no way does fixating on an limit help kids
in situations where they are being harmed.[50] However, the Act of 2006 does not provide a
strong enforcement mechanism for the child labour provisions. Additionally, the
vast majority of children work in the informal sector which makes enforcement
of the challenge to relevant legislation.[51]
It can be mentioned here that in an Indian case it was observed that to employ
the child in work is force labour which is prohibited in our constitution[52]
Present
Scenario of child Labour
Nevertheless,
the enforcement of such labour laws is virtually impossible in Bangladesh
because 93% of child labourers are employed in the informal sector such as
small factories and workshops, on the street, in home-based businesses and
domestic employment[53]
At present, in Bangladesh 62% of all working children are working in
agriculture, about 149,000 children are involved in the worst forms of child
labour and 1.4 million children do hazardous work. Besides, the highest
proportion of working children, some 49.5 percent, was found involved with
informal sector that means, unpaid economic activities in family farms or
business.[54]
It was also found that 28.6% were employed as paid day labours, 14% were sales
workers while transport sector engaged 25.4% of them.[55]
Further, a US agency claim to the Bangladesh government that till now many
children are working in readymade garments factory in Bangladesh. They enforce
to do their job even over time.[56]
Initiatives
Taken Against Preventing Child Labour
Before enacting labour act 2006 government has
signed The Memorandum of Understanding (MOU) 1995 among the Bangladesh
Garment Manufacturers and Exporters Association (BGMEA), ILO, and UNICEF
this initiative allowed children displaced and fired from the garment industry
to receive education, vocational training, and skills training. It also
provided families with income to make up for their child's lack of work. This
program is also called "The Placement of Children Workers in School Programs
and the Elimination of Child Labour." The MOU has made an impact in
reducing child labour in the garment industry in Bangladesh. Because of this
program, more than 8,200 children received non-formal education after losing
their jobs. Additionally, 680 children received vocational training.[57]
Besides different NGO acted relentlessly to bide child labour in
Bangladesh. The Bangladesh Rehabilitation Assistance Committee
(BRAC) along with Grameen Bank, cover 59% Microcredit to alleviate
poverty but in small amounts. The effects of microcredit are not large enough
to change the lives of an entire population. However, it has been shown to
allow families in poverty to find a way out which is main reason of child
labour. BRAC has also been responsible for running schools for non-formal
education that were put in place to teach children fired from jobs.[58] In addition
to the work of the government, BRAC, and ILO, there have been a number of
contributions from international organizations and donors to help start
strategies against child labour. These strategies include: taking children out
of hazardous work environments and placing them in schooling or training
programs, giving families stipends to compensate for loss in wages from a
decrease in child labour, and raising awareness of the harmful effects of child
labour. Organizations such as the ILO, the United Nations, and UNICEF
recognize the importance of education in helping to eradicate poverty and in
preventing child labour growth rates.[59]
Very recently government
has passed National Child Labour Elimination Policy 2010. In pursuance, it
works performed by a child will be considered as child labour but the term.
Child labour ‟ should not be used here rather he may be termed as a child
engaged in labour. The policy advocates a friendly world for the children
engaged in work and provides a standard framework concerning education, health,
working environment, specific working conditions, recreation, treatment, and
security, social awareness building for managing and reducing risks of child
abuse by employers. Besides, to supervise the child labour related issues a
certain ministry is required.[60].
According to the Office of Child Labour, Forced
Labour, and Human Trafficking (OCFT) United States Department of Labour states
in 2011, Bangladesh made a moderate advancement in efforts to eliminate the
worst forms of child labour. Bangladesh passed the Human Trafficking Deterrence
and Suppression Act 2012 which makes human trafficking (including
labour trafficking) as a capital offense.[61] Recently Lobour Act 2006 has been proposed
to amend to make them more worker friendly, have received a mixed response from
trade unions and the Catholic Church. A cabinet body headed by Prime Minister
Sheikh Hasina on Sept. 4 announced the intended update of the Bangladesh
Labour Act. In addition, the law makes availability of maternity leave
mandatory and bans child labour.[62]
Conclusion
Bangladesh
is developing country within this scope Bangladesh has implemented
international obligation in a great extends. It is true that child labour is a
curse for every nation. However, for socio economic reasons they are involved
in child labour by destructing their golden future. Nevertheless, it can be
hoped that if the socio economic condition can be developed further it is
possible to absolute ban on child labour.
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[4] Schmitz, Cathryne L.; Traver,
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[5] Salmon, Claire (June 2005).
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[6] Hasan, Jesmul "Chapter
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[7] Ibid
[8] Ibid
[9] Covenant No. 138
[10] Section 4 of The Children Act 2013
[11] Md. Zahangeer Bashir, A study on Child Labour
in Bangladesh under National and International Law (2015), <http://www.iosrjournals.org/iosr-jhss/papers/Vol20-issue6/Version-4/J020647282.pdf,> accessed on 10 December 2018.
[12] The
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[13] Bangladesh:
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[14] Article on Child Labour, <https://www.indiacelebrating.com/article/article-on-child-labour/>
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[15] Syeda Helmi Afrah, Causes of Child Labour
in Bangladesh: A Case Study in the City of Dhaka(2018) <https://www.iiste.org/Journals/index.php/DCS/article/viewFile/43233/44547> accessed on 10 December 2018
[16] Ibid
[17] UNESCO: Bangladesh literacy rate reaches all-time high of
72.76% in 2016, the Dhaka tribune, 21 March 2018
[18] Ibid
[19] Syeda Helmi Afrah, Causes of Child Labour
in Bangladesh: A Case Study in the City of Dhaka (2018) <https://www.iiste.org/Journals/index.php/DCS/article/viewFile/43233/44547> accessed on 10 December 2018.
[20] Salmon, Claire (June 2005).
"Child Labour in Bangladesh: Are Children the Last Economic Resource of
the Household?” Journal of Developing Societies. Sage
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[21] Syeda Helmi Afrah, Causes of Child Labour
in Bangladesh: A Case Study in the City of Dhaka(2018) <https://www.iiste.org/Journals/index.php/DCS/article/viewFile/43233/44547>
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[21] Ibid
[22] Article
18(4) of constitution of People’s Republic of Bangladesh.
[23] International Labour Standards on Child
labour (2017) < https://www.ilo.org/global/standards/subjects-covered-by-international-labour-standards/child-labour/lang--en/index.htm
> accessed on 10 December 2018
[24] ibid
[25] Article
14 of the Constitution of Peoples Republic of Bangladesh
[26] Article 15 ibid
[27] Article
17 of ibid
[28] Article
18 of ibid
[29] MA
Jalil vs. Bangladesh
[30] Article
28 of supra
[31] Article
29 of ibid
[32]Article
34 of ibid
[33] AIR
1996
[34] People’s
Union for Democratic Rights v. Union of India, AIR 1997
[35] Bandhua
Mukti Morcha v. Union of India & Others, AIR 1995
[36] Sheela
Barse & Others v. Union of India, AIR 1990
[37] Child
Labour in India: A Judicial Perspective AIR 1992
[38] section
2(63), Labour Act 2006
[39] 2(8) Labour
Act 2006,
[40] Section
34(1), Labour Act 2006
[41] Section
35 of ibid
[42] Section
285 of ibid
[43] Section
34(4) ibid
[44] Section
39 ibid
[45] Section 40
Labour Act 2006
[46]Section 41(3) Labour
Act 2006
[47] Section 41(5)
Labour Act 2006
[48] Section 41(8) Labour
Act 2006
[49] Article
2, Minimum Age Convention 1973
[50] Md.
Mahbubur Rahman, Lectures on Labour law of Bangladesh,(2016 ), Dhaka, p 94
[51] Syeda Helmi Afrah, Causes of Child Labour
in Bangladesh: A Case Study in the City of Dhaka(2018) <https://www.iiste.org/Journals/index.php/DCS/article/viewFile/43233/44547> accessed 10 December 2018
[52] MC
Metha Vs. Union Of India 19965 AIR
[53] Bangladesh
Bureau of Statistics, 2006
[54] Bangladesh
Bureau of Statistics, 2012-2013
[55] ibid
[56]A study on Child Labour in
Bangladesh under National and International Law <https://www.iiste.org/Journals/index.php/DCS/article/viewFile/43233/44547>
accessed 10 December 2018
[57] Sinha,
Anisur Rahman (2002). "Bangladesh: A Multilateral Collabouration
to Eliminate Child Labour in the Export-Oriented Garment Industry". In
U.S. Department of Labour; International Labour Organisation. Advancing
the Global Campaign Against Child Labour: Progress Made and Future Actions.
Washington, D.C.: U.S. Department of Labour, Bureau of International Labour
Affairs. pp. 61–66.
[58] Hasan,
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