a study on child domestic worker and the role of government civil society1
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Domestic workers in BangladeshTRANSCRIPT
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A Study on Child Domestic Worker andthe Role of Government & Civil Society
Living inside room outside law
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A Study on Child Domestic Worker andthe Role of Government & Civil Society
Living inside room outside law
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Living inside room outside law
A Study on Child Domestic Worker and the role of Government and CivilSociety
Research AdvisorSultana KamalExecutive Director, Ain o Salish Kendra
Research TeamShahida Begum, Nishat Afroz Mirza, Atik Anwar Chowdhury, RahimaAktar, A K M Masum ul Alam, Siddikur Rahman: Child Labour theme, Savethe Children Sweden Denmark Gita Chakraborty, Abu Obaidur Rahman:Child Rights Unit, Ain o Salish Kendra
Overall CoordinationShahida Begum, Programme Director, Save the Children SwedenDenmark
Supervised byBirgit Lundbak, Country Director, Save the Children Sweden DenmarkShamsul Alam, Deputy Country Director, Save the Children SwedenDenmark
Published & CopyrightSave the Children Sweden Denmark
All rights are reserved. Content of the document can be reprintedwithout any fee or prior permission only for education purpose. For anyother purpose written permission from the publisher/authors is a must.
Designed & Printed byEXPRESSIONS LTD
First Published October 2010
ISBN : 978-984-33-2049-0
For further information please contact: Save the Children Sweden DenmarkHouse # 9, Road # 16, Gulshan -1Dhaka -1212, BangladeshTel: 880-2 8828118, 8814985Website: http://www.scsd-bd.org
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Executive Summary 7
Chapter - 01: Justification and Background of the Study
1.1 Background and Rationale of the Study 15
1.2 Objective of the Study 18
1.3 Activity and Output of the Study 19
Chapter - 02: Methodology of the Study
2.1 Overall Research Design 23
2.2 Expertise and Positioning of the Research Team 24
2.3 Ethical Consideration of the Study 24
2.4 Field Study Method 25
2.5 Review of Secondary Documents 26
2.6 Data Collection Tools Development 26
2.7 Data Entry and Analysis 27
2.8 Sample Size Determination and Sampling Framework 27
2.9 Study report finalization through sharing atvarious level 28
Chapter - 03: Child Domestic Worker Situation Inside the Room
3.1 Profile of Child Domestic Worker by Age and Sex 33
3.2 Reasons behind the Child Domestic Work 34
3.3 Influence of Stakeholders in Engaging Children toDomestic Work 35
3.4 Indication to Treat Child Domestic Work ashazardous job 36
3.5 Workload of Child Domestic Worker 38
3.6 Domestic Workers' Likings and Disliking 48
Table of Contents
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Chapter - 04: Child Domestic Worker Situation Outside Law
4.1 Legal Framework towards Child DomesticWorker Issue 53
4.2 Code of Conduct for the Employers as Soft Bindingsinstead of Legal Framework 55
Chapter - 05: Group Views on Child Domestic Worker's Condition
5.1 Children's Thoughts on Child Domestic Workers'Condition 59
5.2 Parents and Communities' Perception onChild Domestic Workers' Condition 62
5.3 Local Government View on Child Domestic WorkersCondition 66
Chapter - 06: Stakeholders Individuals Opinion on ChildDomestic Worker Issue
6.1 Government Officials' Individual Insight on ChildDomestic Worker Issue 73
6.2 Employers Individual Argument to EngageChildren as Domestic Worker 76
6.3 Sensitivity and Role of Civil Society to the ChildrenEngage in Domestic Works 80
6.4 Political Leaders' Individual Opinion about theirCommitment on CDW 82
6.5 NGO Representatives' Opinion about Rights of CDW 85
Chapter - 07: Overall Findings and Recommendations
7.1 Overall Findings of the Study 89
7.2 Overall Recommendations 93
Acknowledgement by the Research Team 98
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A huge number of children, particularly girls, are involved in domesticworks for families away from their own communities and families.Many of these children live and work under conditions that are soextreme, exploitative and abusive that no adults would accept.
Child domestic work is widespread in Bangladesh. Baseline surveys(BBS and UNICEF 2006) have showed that there are approximately400,000 child domestic workers aged 6-17 years. Many childdomestic workers are exploited by the employers. Child workers arecheap and invisible. When the children are in the employer'shousehold, they live under the overall control of the employers. Inthese circumstances the children have no opportunity to make theirown choice or decision.
As child domestic workers belong to the informal labour sector, theyare excluded from legal protection which makes them even morevulnerable. Considering the above, better protection of childdomestic workers is very urgently needed.
Realizing this, Save the Children Sweden Denmark & Ain o SalishKendra jointly conducted the study titled "Living inside room outsidelaw". This publication is the effort of the research team comprised ofChild Labour theme of SCSD and Child Rights Unit of ASK.
This report is a compilation of information collected at the field level andexperiences of SCSD & ASK on child domestic worker issues. It shows thesituation of child domestic workers who are "inside room and outsidelaw" as well as different stakeholders' view on the condition.
The main objective of this report is to draw the attention of theexternal audience including government and civil societyrepresentatives to the issues of child domestic workers and to makerecommendations to the government and the civil society forprotecting the rights of the child domestic workers.
I hope this document will inspire others to join in our effort to protectchild domestic workers and solve the challenges they are facing on adaily basis.
Birgit LundbakCountry DirectorSave the Children Sweden Denmark
Preface
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Employing children as domestic workers is socially and culturallyaccepted in Bangladesh society. With slavery as its historical root,domestic work is an old occupation not only for adults butincreasingly now for girl children. While societies changed, the homeand nature of work along with terms and conditions of such jobs havechanged too, but the situation for them remain essentially the same;in the modern globalised world they are bound by the same rules indifferent forms.
The hidden nature of domestic work means it often escapes the reachof the law and heightens the risk of abuse for workers at the hands oftheir employers. Even where legal protections do exist, they are oftenlittle known and poorly implemented. Domestic workers tend to beunrecognized, under-paid and unable to access complaintsprocedures.
At the backdrop of the above reality, Ain o Salish Kendra (ASK) andSave the Children Sweden-Denmark have jointly conducted thestudy titled "Living inside room outside law". If the findings andrecommendations of this study make minimum contribution to bringthe positive changes in the lives of the four lacs (BBS and UNICEFreport, 2006) child domestic workers, our endeavor will beconsidered successful.
Sultana KamalExecutive Director Ain o Salish Kendra
Preface
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Child Labour is now a matter of great concern. The Government ofBangladesh has acknowledged the importance of child labour forlong and has already adopted a National Children Policy in1994 as acommitment to the promotion and protection of children's right.Bangladesh is one of the first countries to ratify the United NationsConvention on the Rights of the Child (UNCRC) in 1990 and ILOConvention 182 in 2001. But still there is lack of political will inpolicy/law formulation and policy implementation and enforcement,especially in case of the informal sector, for successful realization ofthe Conventions on Child Rights and that of children working inhazardous work.
The phenomenon of child domestic workers is widespread inBangladesh. According to a Baseline survey (BBS and UNICEF 2006)there are approximately 400,000 Child Domestic Workers (CDW) aged6-17 years in Bangladesh. This group of child workers is always cheap,invisible and they are a high risk group for abuse and exploitation. Aproblem for this informal sector is that it is always the adults who makethe decisions on the fate of child domestic workers and when thechildren are in the employers household, they live under the overallcontrol of the employers. In these circumstances the children have noopportunity to make their own choice or decision. Since the CDWs livein the employers houses away from their parents they are almostinvisible and inaccessible for government inspectors, statisticians, NGOworkers and even for neighbours. Many CDWs face very exploitativetreatments from the employers. As CDWs belong to the informallabour sector; they are excluded from legal protection which makesthem even more vulnerable. Considering the above it seems thatmeans for protection of child domestic workers is very urgentlyneeded. Realizing this, Save the Children Sweden Denmark (SCSD) hasdecided to make a study on "Living inside room outside law."
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Executive Summary
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The major aim of this study is to make recommendations to thegovernment and civil society for establishing rights of the childdomestic workers on the basis of an analysis.
Child Labour team of Save the Children Sweden Denmark and ChildRights Unit of Ain o Salish Kendra jointly conducted the study.Sultana Kamal, Executive Director, ASK is the Research Advisor andShahida Begum, Programme Director - Child Labour, SCSD is playingthe overall planning and coordinating role for this study. An externalconsultant helped the research team for data entry and analysis.Partners of SCSD and ASK supported the research team to collect alldata from the field level and the study team documented all findingsfrom different consultations.
The methodological approach has combined both the qualitativeand quantitative techniques. Quantitative data were collectedthrough sample survey questionnaire and qualitative data has beencollected through using tools of questionnaire survey, FGD, casestudies and key informant interviews. The study was conducted in sixdivisions of Bangladesh.
The findings of the study are divided into two major areas:
1. The situation of Child Domestic Workers who are confinedinside room and 2. The situation of Child Domestic Workers'who are living outside Law:
a. The overall survey findings show that 92% children areengaged in work as domestic workers due to poverty as poorparents are unable to bear their family expenditure because ofbig family size, no land for cultivation and sickness of mainearning members. It is indicated that parents influenced 50% ofthe children to work as domestic in the bigger cites whereasthe other half were engaged through a middleman.
Child domestic workers are not continuing their job in onehouse for many years. They change house very frequently toget higher salary/wage and other benefits. This extremelyhampers their psychological growth.
The study shows that 36% of CDWs work in average 9-12 hours
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a day. 30% of CDW work 13-15 hours and as many as 16% CDWswork 16-18 hours. 18% CDWs work 1-8 hours in a day and lessthan 1% CDWs work 19 hours and above. These figures provethe hazardousness of CDW's jobs. According to ILO convention182, long working hours is one of the major indicators for worstform of child labour. Due to long working hours, CDWs aredeprived from physical and mental development.
Discrimination between privileged and underprivilegedchildren (CDWs) has clearly shown that the tasks performed byCDWs are not related with their development, whereasemployers own children's tasks relate to do their development.
All CDWs responded that they never like to do work as childdomestic worker, because they miss their parents, siblings,relatives and cannot have the same food as provided for thekids of the employers. All children mentioned that they want tolive with their parents in their village. Without parents they feelisolated in the employers house. They are treated as outsidersof the employers family, and have nobody to share theiremotions with and all day they are under pressure to work.
There are very limited opportunities to work in their villages. Anumber of responding children mentioned that if their parentshave enough opportunities to work in the villages and if theyget opportunities to work and get education at village level,they never come to the cities to work as CDWs. A few childrenmentioned that there is very limited access to primaryeducation. Children strongly believe that if they have access toschools and a small piece of land, they would never need tocome to the cities for work.
Children told that they want to get opportunity for recreation,study and like to be treated as a family member and the samelevel of affection that the employers children receive. Theywant to be praised for their job and if they make mistakes theemployers will correct them in a calm way.
All children responded that they would like to work with theirparents with basic amenities, even when given the option to
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work at an employers house and receiving ample salary.Children told that they will take option to stay with family withone or two meal in a day. Everyone wants to live with theirparents if the option is there.
b. Domestic workers are excluded from the Labour Law of 2006.However, the National Child Labour Eradication Policy(proposed to cabinet) 2009, has recognized domestic work as'informal sector jobs'. Labour Inspectors are not allowed tomonitor the work condition in private households. Domesticworkers, especially the child domestic workers often facemental, physical, verbal, and sexual abuses and economicexploitation, which do not appear in the media. They have nospecific working hours and get no holiday and in most cases,they are not allowed to meet their parents. In this situation theycannot address their problems as domestic work is notrecognized as work in the formal sector.
In Bangladesh 35 laws which relate to children have beenidentified. Most of the laws are connected to children incontact with the law and children engaged in formal sectorwork. There is no comprehensive law in favor of 93% childrenout of 7.4 million who are working in the informal sector thatinclude the children engaged in domestic work. Only theDomestic Servant Registration Ordinance of 1961 requiresself-registration of the domestic servants with the local policestation within fifteen days from employment. This law neithercontains any rights for the domestic workers nor defines theobligation of the employers.
Section 34 of the Children Act 1974 states that "if any personover the age of sixteen years, who has the charge or care of anychild assaults, ill-treats, neglects, abandons or expose such child orcauses such child to be assaulted, ill-treated, neglected,abandoned or exposed in a manner likely to cause such childunnecessary suffering or injury to his/her health including loss ofsight or hearing or injury to limb or organ of the body and anymental derangement, - such person shall be punishable with
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imprisonment for a term which may extend to taka one thousandor with both". These two laws are not being practiced.
Article 32 (1) of the UN Convention on the Rights of the Child(CRC) provides that "state parties recognize the right of thechild to be protected from economic exploitation and fromperforming any work that is likely to be hazardous or tointerfere with the child's education or to be harmful to thechild's health or physical mental, spiritual, moral or socialdevelopment. Bangladesh also ratified the Convention on theElimination of all forms of Discrimination Against Women(CEDAW) in respect of economical and social protection andthe ILO Convention on the worst forms of child labour. But thereality is that children involved in domestic work often becomevictims of both economic exploitation and maltreatment.Unfortunately the state has failed to take proper steps toprotect the large number of domestic workers.
In order to counter this situation, it is essential to include theinformal sector within legal protection and to develop code ofconduct for the employers of child domestic workers that canwork as a soft legal binding for them. The objective of the codeof conduct is to bring the acceptable minimum standard ofbehavioral patterns among the employers of informal sectorsto ensure the best interest of the children.
Recommendations to the Policy Makers:
z Protect child domestic worker from economic exploitation andother exploitation and empower them economically throughcreating opportunities on education, skill developmenttraining and placement in non hazardous jobs.
z Create access for income generating activities or jobopportunities for parents in the rural areas to avoid sendingchildren to the cities for work.
z Sensitize parents, family members and the community peopleon marginalized children need and the bad impacts of childlabour, unsafe migration and the value of education.
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z Encourage Local Governments to raise awareness on notsending children away from their own locality.
z Implement compulsory primary education properly toencourage poor parents to engage their children into theeducation system. For ensuring primary education,government could increase social protection scheme like: VGD,scholarship for poor children and widow's honorarium.
z Concentrate all development activities and strategies at villagelevel to create employment opportunities for parents andchildren. These employment opportunities may reduce unsaferural urban migration. Government, NGOs and civil societywould take massive awareness programme to aware parents,employers of CDWs, civil society, policy makers about badconsequences of CDW's issues and their initiatives to protectCDWs from abuse and exploitation.
z Code of conduct should be introduced instead of legalframework to bind the employers with responsibility ofchildren's well being as an immediate solution.
z To protect children from unsafe migration a detailedregistration system should be introduced at local governmentlevel to keep record when children migrate and when theyarrive in cities.
z "Women and Children Welfare Standing Committees" shouldbe the focal body to work on CDW issues at Union Parishad (UP)level. This Committee can play a vital role to make massawareness on bad consequences of unsafe rural and urbanmigration, bad effect of child labour, early marriage, andviolence against children.
z A law in favor of the domestic workers should be developed toprotect them from exploitation.
z The Government of Bangladesh should immediately approvethe "National Child Labour Eradication Policy" and takemeasures to implement it.
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Chapter 1Justification and
Background of the Study
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1.1 Background and Rational of the Study
Child Labour is now a matter of great concern. The Government ofBangladesh has acknowledged the importance of child labour forlong and has already adopted a National Children Policy in 1994 as acommitment to the promotion and protection of children's right.
Bangladesh was one of the first countries to ratify the United NationsConvention of the Rights of the Child (UNCRC) in 1990 and ILOConvention 182 in 2001. Two National Plans of Action from 1992 and1997 were also adopted by the Government. The formulation of ThirdNational Plan of Action for Children (2005-2010) by the Ministry ofWomen and Children Affairs is in progress. But still there is lack ofpolitical will for policy/law formulation and policy implementationand enforcement for successful realization of the Conventions onChild Rights including the rights of children working in hazardouswork.
By adopting the CRC as its basic policy framework, Save the ChildrenSweden Denmark (SCSD) is committed to make Child RightsProgramming (CRP) which prioritizes the best interests of children.CRP works towards the elimination of discrimination and upholdsagreed international norms and standards in relation to children'srights to provision, protection and participation, and above alladdresses the root causes of the right violations.
The partners of the Child Labor Theme of SCSD have been workingwith child laborers in their local areas throughout fifteen years. Theyhave gained concrete knowledge about their local community andhave established good working relations with the parents, employers
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Chapter 1Justification and
Background of the Study
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of child laborers, children and others in the community. Though theyhave diversified approaches, they are addressing the child laborers'problems through a child rights based programming approach.Through this approach SCSD transforms the abstracts of theConvention on The Rights of the Child into a concrete approach fordeveloping, planning, implementing and managing programmesand projects with the overall goal of improving the position ofchildren and building societies that acknowledge and respectchildren's rights.
In the child labour programme the children come from poor families.Their families cannot afford to send them to formal schools.Sometimes, their parents do not understand the importance ofeducation. Supplementing the family income through their childrenis more important to them. So a huge numbers of children remain 'inthe dark' and do not participate in the national development. Thesepatterns are repeated from one generation to the next and thepicture is significant in both rural and urban areas.
The phenomenon of child domestic workers is widespread inBangladesh. The actual number of domestic workers (children oradult) statistically varies. A survey by Bangladesh Bureau of Statisticsin 1995 - 1996 showed that 14% out of a total of 6.298 millionworking children were domestic workers. Another survey by"Shoishab" Bangladesh in 1997 of over 10,000 randomly selectedhouseholds within Dhaka city, showed that an estimated 250,000children are working as domestic workers. 80% are girls and 95% ofthese are full time child domestic workers.
A Baseline survey (BBS and UNICEF 2006) showed approximately400,000 CDWs aged 6-17 years in Bangladesh. There are 132,000 inDhaka City alone. This total estimate makes CDW the single largesthazardous child labour sector in the country. Among them 78%constitutes girl. Approximately 94% of CDWs are full timers (24 hoursnature of work) and 6% work on part time basis. This group of child
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workers is always cheap, invisible and they are a high risk group forabuse and exploitation.
According to the ILO convention (182), the worst forms of child labourmeans child slavery or servitude, child trafficking, children forced tojoin armed conflicts, child prostitution or children used forpornographic materials, use of children for crimes including drugtrafficking and work that harms the health safety or morals ofchildren. But if we look at our national laws we see no reference to theconditions of child domestic workers.
A problem for this informal sector is that it is always the adults whomake the decisions on the fate of child domestic workers and whenthe children are in the employers household, they live under theoverall control of the employers. Under these circumstances thechildren have no opportunity to make their own choice or decision.
If we analyze the situation in relation to CRC we see that rights ofchild domestic workers are in one or the other way violated. Relevantarticles are - Article 2 non discrimination, Article 7 to be cared for byparents, Article 8 to preserve identity, nationality, name and familyrelations, Article 9 to maintain regular contact with parents whenseparated, Article 12 freedom to express his or her own views, Article14 freedom of thought, conscience and religion, Article 19 protectionfrom abuse and neglect, Article 20 protection of a child withoutfamily, Article 24 access to optimal health care, Article 27 livingconditions necessary for development, Article 28 right to education,Article 31 leisure, recreation and cultural activities and Article 34sexual exploitation.
Since the CDWs live in the employers houses away from their parentsthey are almost invisible and inaccessible for government inspectors,statisticians, NGO workers and even for neighbours. Many CDWs facevery exploitative treatments from the employers. As CDWs belong tothe informal labour sector; they are excluded from legal protectionwhich makes them even more vulnerable. However, it is important to
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bear in mind that removal of children from their work place hasimplications, because most of the children in domestic work havebeen sent by their parents. The children see no alternative which canearn themselves or their parents money. Some cannot go home,either because home is very far away or they do not know how to goor they do not have money for the fare. Some of them fear that if theygo home their parents will be annoyed and send them out to workagain. Without a place of safety, shelter or care, they are likely to seeka new domestic work situation or they will take up a less safe andpotentially more dangerous occupation in the streets. Consideringthe above it seems that means for protection of child domesticworkers is very urgently needed.
SCSD has decided to make a study "Living inside room outside law".The study is on the situation of Child Domestic Workers and role ofGovernment and Civil Societies. The study was funded by the Ministryfor Foreign Affairs of Finland. The opinions expressed in the paper donot necessarily represent the official view of the Ministry for ForeignAffairs of Finland.
1.2 Objective of the Study
The major aim of this study is to make recommendations to thegovernment and civil society for establishing rights of the childdomestic workers on the basis of an analysis.
Specific Objectives:
z Identify the reason for rural-urban children migration of childdomestic workers
z Identify opportunities at local and national levels throughanalysing the duty bearers' roles and responsibilities forensuring CDW's right to protection from hazardous work.
z Analyse the CDW's situation when living and growing upwithout parental care.
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z Investigate the 'City apartment culture' and the effects it has onchild domestic worker's mainstream development.
z Make evidence based analysis on violence against childdomestic workers.
z Identify gaps of existing laws, policies and practices on theprotection of child domestic workers
z Develop policy level recommendation for the protection ofchild domestic workers
1.3 Activity and Output of the Study
Activities:
1. Collection and analysis of different studies, reviews, laws andpolicies.
2. Development of a questionnaire for individual interviews ofCDW, their parents, employers and local government.
3. Conduction of consultation with different stakeholders such asCDWs, their parents, employers, communities, localgovernment, middle class children and apartment owners.
4. Conduction of consultation with different implementingorganizations and local government which are dealing withCDW's issues.
5. Participation in a one day workshop with all concernedstakeholders to validate the findings.
6. Formation and training of a Co-Researcher group consisting ofrepresentatives from both organizations (ASK and SCSD).
7. Gathering all findings from the different consultations byresearch team.
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8. Arranging regular meeting between Co-Researcher group andresearch advisor for technical inputs.
9. Preparation and submission of draft study report to bothorganizations (ASK and SCSD)
10. Sharing of final report with both organizations
Out-put:A study report "Living inside room outside law"
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Chapter 2Methodology of the Study
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2.1 Overall Research Design
Study Team: The Child Labour team of SCSD and the Child Rights Unitof Ain O Salish Kendra jointly conducted the study. Sultana Kamal,Executive Director, ASK was the research advisor and ProgrammeDirector - Child Labour, SCSD was playing the overall planning andcoordination role for this study. An external consultant helped theresearch team for data entry and analysis. Partners of SCSD and ASKsupported the research team to collect all data from the field leveland the study team documented all findings from differentconsultations.
Method of Study: The methodological approach has combined boththe qualitative and quantitative techniques. Quantitative data hasbeen collected through sample survey questionnaire and qualitativedata has been collected through using tools of FGD, case studies andkey informant interviews. The following tasks were undertaken:
z Review of documents
z Sample survey questionnaire
z FGD and in depth interview with key people (employers, civilsociety representatives, government officials, political persons,NGOs, parents, community, children)
z Case study collection
z Observation
Study Area: The study was conducted in Bangladesh covering sixdivisions.
Ownership of the Study: Save the Children Sweden Denmark andAin o Salish Kendra will preserve the ownership of the study.
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Chapter 2Methodology of the Study
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2.2 Expertise and Positioning of the Research Team
Save the Children Sweden Denmark (SCSD) and Ain o Salish Kendra(ASK) jointly took decision that the study would be conducted by theinternal experts of both organizations. Both organizations realizedthat only a very limited number of people have in-depth knowledgeand experience on child domestic work issues in Bangladesh. ButSCSD and ASK form an experienced team who are dealing with thisissue since long. A ten member research team from bothorganizations was formed to conduct the study- living inside roomoutside law. Out of the ten members' team, five have 5-15 yearsexperience on the required issues, two members have solid researchexperience and three members have legal backgrounds. TheResearch Advisor has a law background and is a renowned andrespected civil society member in Bangladesh. The whole study wascarried out under the guidance and advisory support by the ResearchAdvisor.
The study area covered six divisions of Bangladesh. The research teamwas divided into groups which took responsibility for the divisionsand made several visits to their respective fields. Local partnerorganization helped the research groups to carry out the entireprocess.
2.3 Ethical Consideration of the Study
Ethical consideration is one of the most important strategies for thestudy. Before interaction with child domestic workers, the researchteam obtained permission from the children, their parents andemployers. It was also assured to the interviewees that no informationwould be disclosed without their prior permission and that allstatements would be presented as group expressions. Some childrenwanted to talk with the research without the presence of their adultguardians. The draft report has been shared with all participatingstakeholders and any kind of observations and quarries from their sidehas been considered before finalising the study report.
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2.4 Field Study Method
Sample Survey Questionnaire
450 semi-structured survey questionnaires were used with 5-18 yearsold child domestic worker from village to divisional levels.
Focus Group Discussion (FGD) with relevant stakeholders
Total 36 FGDs were conducted for collecting qualitative informationfrom relevant stakeholders of three categories of respondentscovering all divisions.
Key Informant Interview (KII) with different Stakeholders
Key informant interviews were conducted for getting qualitativedata. Considering the rural and urban context and situation, based ondemand and supply side Key Informants Interviews were conductedat union/upazila/district and national level with different respondentsto obtain in-depth information from the diversified group of peoplein the study areas.
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FGD sample size by respondents group
Parents and Community people 12 (district level)
Local Govt. 12 (district level)
Child Domestic Worker 12 (district level)
KII sample size by types of Respondents:
Category of KII
Teachers
Political persons /MPs
Employers
Journalists
UNO
DC/ADC
UP Chairman/Ward Commissioner
Police
Total
Total
24
24
24
12
12
6
24
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2.5 Review of Secondary Documents
Secondary literature review was used for understanding the overallsituation of child domestic workers in Bangladesh. Secondary data inthe form of other study reports, BBS baseline report, Governmentlaws and policies, research documents, etc. have also informed theoverall findings of the report.
Law and Policy Analysis related to Child Labour
There are various provisions in the laws that can be used to protectchild domestic workers. However, there are gaps of existing laws andpolicies on protection of child domestic workers. An attempt has beenmade by the research team through cooperation from legal personnelto discover the strength and weakness of the existing laws andpolicies. Government legislation, policies, plans, different national andinternational laws, conventions, etc. were reviewed to understand themeasures the government is taking to address the CDW issue. Finallysome recommendations have been made to the policy makers toprotect child domestic workers from a legal perspective.
2.6 Data Collection Tools Development
A pre-tested semi-structured questionnaire, developed with theparticipation of team members, has been used for collecting CDWinformation. Apart from this, observation guideline and FGD and KIIchecklists were developed to meet the demand:
z Household/questionnaire survey
z FGD - check list
z KII checklist
z Case study
Study population
z Domestic working children
z Parents/Community People
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z Elected representatives, teachers
z Journalists
z Parliament Members
z Government Officials
z NGOs
2.7 Data Entry and Analysis
Quantitative data entry has been done in MS. Access and analysis hasbeen done using SPSS. Data management consists of editing, coding,data entry and verification, preparation of a set of dummy tables andtabulation. Qualitative data has been compiled by the research team.Finally a report was prepared on the basis of the findings.
2.8 Sample size Determination and Sampling Framework
The children of 5-18 years are the key study population for thesampling survey. In selecting the households the study has identifiedthe domestic children among the selected desired sample sizehouseholds using systematic stratified random sampling. Aproportionate sample size has been determined area wise. The studyhas interest to know the situation and present status of the workingchildren and has also interest to know the situation of the non-working children. Regarding this the study will cover sample sizefollowing the purposive ratio after having determined the totalsample size. For identifying actual study population a simplehousehold profile survey has been conducted. Based on the findingsof the domestic worker's profile survey, according to BBS survey-Statistical Pocket book Bangladesh 2006, the desire sample size hasbeen determined.
The following standard statistical formula has been used fordetermining the sample size; n = z2pq/d2 (If the population size is more than 10,000)
Where,
n = desired sample size
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z = standard normal deviation usually set at 95% confidence interval
p = proportion in the target population estimated to have a particularcharacteristic
q = 1.0-p
d = degree of accuracy desired set at 0.05
Short of a priori information we chose p = 0.5 to be sure that theactual p was within the range. Therefore,
n = z2pq/d2
= (1.96) 2 * 0.5 * 0.5/(0.05) 2
= 384
And should added 5-15% more sample for reduce sampling and non-sampling error.
If, the sample size is more than 400,000.00, then not need to useanother formula.
Therefore,
In order to reduce non-sampling error (non response, interview staffskill, drop out, etc.) a 15% margin will be allowed and we will fix-up ata sample size 384*15%+384 = 441.6450 respondents domesticworking children.
Study sample size by division wise:
2.9 Study Report Finalization through Sharing at VariousLevel
After finalization of the study report a draft report was sharedinternally in both organizations and all feedbacks were incorporated.
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Methodology Total Dhaka Chittagong Sylhet Rajshahi Khulna Barisal
Questionnaire 450 160 111 67 45 45 22
FGD 36 6 6 6 6 6 6
KII 138 23 23 23 23 23 23
Case study 12 2 2 2 2 2 2
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Then report was shared with 'Together with Working Children' (TWC),an informal network of fifteen national organizations dealing withchild labour issues in the country. TWC's feedback was considered forfinalising the draft report. The final report has been presented andshared in a National Child Domestic Worker Convention organized byASK and SCSD.
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Chapter 3Child Domestic Worker Situation
inside the Room
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3.1 Profile Of Child Domestic Worker by Age and Sex
The study shows that out of the total responding children in the sixdivisions, 80% of the domestic workers are girls and 20% are boys.Male and female ratio differs in different cities, such as in Dhakadivision 16% male and 84% female, Chittagong division 32% are maleand 68% female, Sylhet division 18% male and 82% female, Rajshahidivision 18% male and 82% female, Khulna division 6% male and 92%female, Barisal division 23% male and 57% female. This statisticsshows that girls are more likely to become child domestic workers.
Table-1: Respondent Children by gender and division
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Chapter 3Child Domestic Worker Situation
inside the Room
Count Row % Count Row % Count Row %
Dhaka 18 16 94 84 112 100
Chittagong 35 32 75 68 110 100
Sylhet 12 18 54 82 66 100
Rajshahi 10 18 47 82 57 100
Khulna 3 6 45 94 48 100
Barisal 13 23 44 77 57 100
Overall 91 20 359 80 450 100
Division Gender
Male Female Overall
-
The study reveals that 93% of the children are aged between 6-16years. From KII it was found that employers like to engage this groupas domestic work because they are easy to handle and perform allkinds of job in the household. 25% children age between 6-11yearschildren are engaged under the condition of doing light jobs, butthey perform heavy task for the employers. 17-18 years children arethe victim of early marriage and employers are not interested inengaging them in the house work as this group tend to raise theirvoice to fulfil their rights.
3.2 Reason Behind the Child Domestic Worker
The overall survey findings show that 92% children are engaged inwork as a domestic worker due to poverty. In the KII and focus groupdiscussions, children said that their parents are unable to bear theirfamily expenditure due to big family size, no land for cultivation andsickness of main earning members.
34
Table-3: Reason for children coming to work in house
School stoping
Children involving in noty work
Not having working scope localy
Parent unable to bare education cost
Food crisis
Need providing money to houses
Insecurity localy
Others
37%
3%3%
9%3%2%17%
26%
-
The pie chart shows that 37% children came to cities to work asdomestic worker as their parents were unable to bear their educationcosts. 26% came due to food crisis and 17% children are willinglyengaged in domestic work when observing the family crisis. In the KIIthey mentioned that "we felt the need to do something for our parentsas they are completely unable to bear the family expenditure andtherefore, need our support." 9% children have been engaged in workafter stopping their schooling due to poverty. A very negligible 5%children were chosen by the parents to engage in work as they wereinvolved in mischievous works and some parents felt insecurity in thesociety and then they decided to migrate their child from rural tourban for work.
3.3 Influence of Stakeholders in Engaging Children toDomestic Work and Dropout Scenario
The following table indicated that less than 50% children came tocities to work as domestic work influenced by the parents while theother half were engaged by influence of middlemen. These middlemen could be their neighbour, relatives, or a professional middleman.In the focus group discussion CDWs mentioned that the ultimatedecision was taken by their parents. The following table prove theCDWs statement about the contributing stakeholders: 48% came bytheir parents, 26% by the relatives, 17% by the neighbours and 7%came through professional middlemen. A negligible 2.4% camethrough other sources.
The following table provides a dropout scenario of child domesticworkers. This scenario indicated that the interventions should be
35
Parent Neigbour Relatives Middleman Others
60.0
40.0
20.0
0.0
48.0%
6.9% 2.4%
25.8%16.9%
Table-4: With whom children come to work in house
-
taken by considering their duration of stay in one household (HH).During KII and FGD with CDWs and employers, it was mentioned thatit does not mean that children go back to their own families. Parentsand middleman changes the household if they failed to negotiatewage and other facilities with the employer. The following tablereveals that 52% CDWs stay in one household for about 6 months.24% CDWs stay 1-2years in one HH, 16% stay 2-3 years in one HH andonly 8% CDWs living 3-4 years in one HH.
3.4 Indication to treat Child Domestic Work as Hazardous Job
Sleeping and awake time: According to World Health Organization,one adult person should sleep at least 8 hours in a day and forchildren sleeping hours should be more. Sound sleep is required formental and physical development of a human being. Comparativeanalysis of the following two tables show that 66% of child domesticworker sleep 5-6 hours in the night and child domestic workerswakeup from bed between 5-6 O'clock in the morning. And 74% CDWgo to bed for sleeping at an average 11-12 O'clock at night. Thefollowing tables also show that 11% CDW wake up at 5 O'clock, 50%at 6, 28% at 7 in the morning and around 10% CDW get opportunityto awake up by 8-10 O'clock in the morning. 39% CDWs go to sleep at12 O'clock, 35% at 11, 15% at 10 and 5% CDW go to sleep at 8-9 inthe evenings. One alarming finding was that 6% children go to bed at1 O'clock at night. Numerically, the numbers of children who aredeprived of their basic rights are huge.
36
Working days in group
5-12 months 13-24 months 25-36 months 37-48 months Overall
Division Count Row % Count Row % Count Row % Count Row % Count Row %
Dhaka 65 58 26 23 15 13 6 5 112 100
Chittagong 55 50 29 26 15 14 11 10 110 100
Sylhet 31 47 13 20 16 24 6 9 66 100
Rajshahi 25 44 16 28 9 16 7 12 57 100
Khulna 23 48 16 33 6 13 3 6 48 100
Barisal 35 61 8 14 10 18 4 7 57 100
Overall 234 52 108 24 71 16 37 8 450 100
Table-5: How long children are working in house
-
Working Hours: According to Labour law 2006 and ILO convention182, children working hours should not be more than 5 hours.
Table 8 shows that 36% CDWs work an average 9-12 hours in a day,30% work 13-15 hours, 16% work 16-18 hours and 18% CDWs work 1-
37
0
20
40
60
5:00:00AM
6:00:00AM
7:00:00AM
11.6%
50.4%
28.2%
8.2%1.1% 0.4%
8:00:00AM
9:00:00AM
10:00:00AM
Table-6: When children awake to start house work(morning time at O'clock)
0
10
20
30
40
1at night8:00:00PM
9:00:00PM
10:00:00PM
11:00:00PM
12:00:00PM
Table-7: When children go to sleep (night time at O'clock)
0.2%4.9%
14.9%
35.1%38.9%
6%
Children working hour in a day
18%
35.8%
29.8%
15.8%
0.7%
05
10152025303540
1-8 hr 9-12 hr 13-15 hr 16-18 hr 19 and above
-
8 hours in a day. Less than 1% CDWs work 19 hours and above but innumber of children it is significant. These figures proved howhazardous CDW's jobs are. According to ILO convention 182, longworking hours is one of the major indicators for worst form of childlabour. Due to long working hours, CDWs are deprived from psychicaland mental development.
3.5 Workload of Child Domestic Worker
Task between 5 am-12 pm : Discrimination between privileged andunderprivileged children (CDWs) has clearly shown that the tasksperformed by CDWs are not related with their development, whereasemployers children's tasks do relate to their development. 88% to96% CDWs performed cooking, preparing breakfast, prepared bed,refreshing floor, cleaning utensils but 48% to 55% employers childrenperforming jobs for 5 am-12 pm are mainly showering themselves,reading their lessons and brushing their teeth. It should also bementioned that all studied HH do not have children in same age. Thefollowing two tables also show that CDWs are performing cooking,washing clothes, cutting vegetables and fish 28% to 77% of the time,but employers children are engaged in school and having theirbreakfast and lunch and other developmental activities 18% - 55% ofthe time. Study proved that child domestic workers all the time areengaged in specific jobs assigned by employers.
38
0 20 40 60 80 100 120Children Activities 5 am-12 pm
Clean utensilsRefreshing floor
Rearranging sleeping bedCooking breakfast/snakes
Vegetbles, fish cuttingcleaning floor
Cloth washingCooking
Preparing children for sending schoolWater collection 6%
8%28%
41%56%
77%88%
93%94%96%
Table-9: Child Domestic Worker Activities 5 am-12 pm
-
Task between 12 pm-4 pm: The study shows that CDWs task from 12pm-4 pm are cleaning utensils, mopping floor, rearranging sleepingbed, cutting vegetables and fish, cleaning floor, washing clothes,cooking food for lunch, water collection, preparing employerschildren for school, shopping for employers, playing with employerschildren, making tea, own playing, watching TV, reading, showering,taking meal, cleaning furniture, cleaning bathroom, pasting spices,prepare children for sleeping, feeding employer children andsleeping. The assigned task revels that CDW has to perform a big listof tasks in a day. Study has shown that 32% - 80% CDW has toperform cleaning utensils mopping floor, rearranging sleeping bed,cutting vegetables and fish, cleaning floor, washing clothes. Around4% - 5% CDW has spent time for their own development and rest andrecreation during 12 pm-4 pm. During this time they have a chancefor playing, reading, showering, watching TV etc. One significantfinding was that only 20% CDWs have their lunch by 4 pm.
Besides this scenario the table 12 shows that employers children'stasks from 12 pm-4 pm are brushing teeth, reading, showering,having lunch, school, sleeping, playing, watching TV, talk with friends,go outside etc. These tasks proved that employers children spenttheir whole time for their own development, rest and recreation.
39
Table-10: Employers Children's Activities 5 am-12 pm
0 10 20 30 40 50 60
Teeth BrushReading lessons
ShoweringBreakfast
School goingLunch
SleepingPlaying
Watching TV
55%53%
48%34%
18%4%
2%2%
1%
-
40
73%
32%
23%
12%
29%
12%
20%
6%20
%
4%4%
5%5%
20%
12%
3%5%
2%5%
4%
79%
83%
35%
0102030405060708090
Clea
n ut
ensil
s Refre
shin
g flo
or
Rear
rang
ing
sleep
ing
bed
Vege
tbles
, fish
cutti
ng
clean
ing
floor
Clot
h wa
shin
g
Cook
ing
Wat
er co
llect
ion
Carri
ng ch
ildre
n to
scho
ol
Goin
g to
shop
Play
ing
with
child
ren
Mak
ing
tea
Play
ing
(own
)
Wat
chin
g TV R
eadi
ng Show
erin
gTa
king
mea
l
Clea
ning
furn
iture
Clea
ning
bat
hroo
m
Pesti
ng sp
icies
Prep
are c
hild
ren
for...
Child
ren
Feed
ing Sle
epin
g
Tab
le-1
1: C
hild
Do
mes
tic
wo
rker
s d
aily
act
ivit
ies
12
pm
-4 p
m
-
41
51.1
%
38.4
%
23.6
%
46.0
%
33.3
%
3.1%
2.4%
2.4%
3.6%
2.4%
0.9%
0.7%
0
102030405060
Teet
h Br
ush Re
adin
g les
sons
Show
erin
g
Lunc
hSc
hool
goi
ng
Lunc
h
Sleep
ing
Play
ing
Wat
chin
g TV Ta
lk wi
th fr
iends
Go ou
t sid
e
Othe
rs
Tab
le-1
2: E
mp
loye
rs c
hild
ren
's d
aily
act
ivit
ies
list
12
pm
-4 p
m
-
Task between 4 pm-6 pm: The study shows that 66% CDWs areshowering, 64% are taking meal, 21% cleaning utensils, 22% cleaningfloor, 22% going to shop, 25% collecting water, 28% cuttingvegetables and fish, 29% cooking food, cutting, 30% mopping floor,31% cleaning bathroom, 37% washing clothes are significantly doneby the CDWs. The study also proved that a very little percentage ofCDWs are getting chance to take rest and recreation (13% playingwith children, 7% playing (self ), 10% watching TV, 6% sleeping) butthe scenario is completely opposite for the employers' childrenactivities.
During this period very few of employers children have workingtasks, their significant task are mainly 26% showering, 30% sleeping,48% dinner, 13% playing.
42
-
43
Tab
le-1
3: C
hild
Do
mes
tic
wo
rker
s' a
ctiv
itie
s 4
pm
-6 p
m
21%
22%
5%2%28
%30
%
37%
29%
25%
22%
13%
8%7%
10%
66%
64%
18%
2%
31%
12%
9%9%
6%
0
10203040506070Clean
Refresh
Rearranging
Cooking
Vegetbles,
cleaning
Cloth
Cooking
Water
Going to
Playing
Making tea
Playing
Watching
Showering
Taking meal
Cleaning
Taping
Cleaning
Pesting
Prepare
Children
Sleeping
-
44
Read
ing
lesso
ns
Show
erin
g
Dinn
er
Sleep
ing
Play
ing
Wat
chin
g TV
Talk
with
frien
ds
Go ou
t sid
e
Othe
rs
7%
26%
48%
30%
13%
15%
5%2%
3%
0
102030405060
Tab
le- 1
4: E
mp
loye
rs c
hild
ren
act
ivit
y: 4
pm
-6 p
m
-
Task between 4 pm-6 pm and 12 pm-5 am: The following tableshows that the main tasks of CDWs are 26% refreshing floor, 33%making tea, 21% cleaning furniture and it is also found that thisperiod CDWs get chance to enjoy leisure time that are mainly 24%playing with children, 28% playing (self ), 23% watching TV.
Table-15 shows that 93% CDWs are sleeping after 12 pm and 53% aretaking meal. During 12 pm-5 am 39% watching TV, 29% cleaningutensils and then they go to bed.
45
-
46
Div
isio
n
D
hak
a C
hit
ago
ng
Sy
lhet
R
ajsh
ahi
Kh
uln
a B
aris
al
Ove
rall
Task
list
%
%
%
%
%
%
%
Cle
an u
ten
sils
4.
2 3.
1 0.
7 2.
7 0.
4 1.
1 12
.2
Refr
esh
ing
flo
or
6.7
4.7
6.4
4.7
1.3
2.2
26.0
Rear
ran
gin
g s
leep
ing
bed
2.
7 1.
6 3.
3 0.
7 1.
1 1.
6 10
.9
clea
nin
g fl
oo
r 0.
9 0.
9 0.
4 0.
7 0.
0 1.
1 4.
0
Clo
th w
ash
ing
0.
2 0.
4 0.
0 0.
7 0.
2 0.
0 1.
6
Co
oki
ng
1.
6 3.
3 0.
4 0.
9 0.
0 0.
7 6.
9
Wat
er c
olle
ctio
n
2.2
8.0
0.9
3.1
1.6
0.9
16.7
Go
ing
to s
ho
p
5.6
4.7
1.6
1.6
0.4
1.1
14.9
Play
ing
wit
h c
hild
ren
6.
0 6.
0 4.
9 3.
1 2.
2 2.
2 24
.4
Mak
ing
tea
9.8
8.9
4.7
4.7
1.6
3.3
32.9
Play
ing
(sel
f)
7.8
5.8
5.1
2.9
2.0
4.0
27.6
Wat
chin
g T
V
6.4
5.3
2.7
2.7
2.2
4.0
23.3
Read
ing
2.
4 1.
8 1.
6 1.
1 0.
9 2.
2 10
.0
Sho
wer
ing
1.
3 5.
1 0.
9 2.
4 0.
4 1.
3 11
.6
Taki
ng
mea
l 4.
9 3.
3 0.
7 3.
1 0.
7 1.
3 14
.0
Cle
anin
g fu
rnit
ure
6.
0 2.
7 4.
2 4.
4 1.
3 2.
2 20
.9
Mas
sag
ing
bo
dy
1.1
0.2
0.9
0.9
0.4
0.4
4.0
Cle
anin
g b
ath
roo
m
1.1
0.0
0.4
0.9
0.0
0.4
2.9
gri
nd
ing
sp
icie
s 1.
6 1.
6 0.
4 1.
8 0.
2 1.
3 6.
9
Tab
le-1
5: C
hild
Do
mes
tic
wo
rker
s a
ctiv
itie
s 4
-6 p
m-1
2 p
m
-
47
Div
isio
n
D
hak
a C
hit
ago
ng
Sy
lhet
R
ajsh
ahi
Kh
uln
a B
aris
al
Ove
rall
Task
list
%
%
%
%
%
%
%
Prep
are
child
ren
for s
leep
ing
1.
6 1.
8 0.
9 3.
1 0.
2 0.
4 8.
0
Feed
ing
th
e ch
ildre
n
1.1
0.7
0.4
1.6
0.0
0.4
4.2
Slee
pin
g
4.9
4.4
0.2
0.7
1.1
0.7
12.0
Co
nti
nu
ed T
able
-15
Div
isio
n
D
hak
a C
hit
ago
ng
Sy
lhet
R
ajsh
ahi
Kh
uln
a B
aris
al
Ove
rall
Task
list
%
%
%
%
%
%
%
Cle
an u
ten
sils
8
4.9
8.2
3.3
1.6
3.1
29.1
Wat
chin
g T
V
10.9
10
.9
3.1
5.8
3.6
5.1
39.3
Taki
ng
mea
l 12
.9
13.8
10
.7
5.3
3.1
6.9
52.7
Tap
ing
han
d a
nd
bo
dy
3.1
0.9
1.1
1.6
0.2
1.8
8.7
Feed
ing
to t
he
child
ren
2.
7 3.
3 1.
3 2.
9 0.
9 0.
7 11
.8
Slee
pin
g
50.4
66
.2
32.9
31
.6
27.1
36
.0
93.3
Tab
le-1
6: C
hild
Do
mes
tic
wo
rker
s a
ctiv
itie
s 1
2 p
m-5
am
-
48
Dh
aka
Ch
itag
on
g
Sylh
et
Raj
shah
i K
hu
lna
Bar
isal
O
vera
ll
%
%
%
%
%
%
%
Spea
kin
g w
ell
40.2
40
40
.3
25
39.6
42
.1
38.4
Co
rrec
tin
g fo
r err
or
33.9
39
.1
37.3
46
.4
31.3
35
.1
37.1
Lau
gh
ing
for s
om
eth
ing
2.
7 2.
7 11
.9
5.4
6.3
1.8
4.7
Get
tin
g s
cop
e to
pla
y 7.
1 8.
2 3.
0 8.
9 6.
3 1.
8 6.
2
Get
tin
g s
cop
e to
wat
ch T
V
7.1
8.2
7.5
10.7
8.
3 17
.5
9.3
Oth
ers
8.9
1.8
0.0
3.6
8.3
1.8
4.2
Ove
rall
100
100
100
100
100
100
100
Tab
le-1
7:
Wo
rkin
g c
hild
ren
like
em
plo
yers
typ
e o
f beh
avio
r
3.6
Dom
esti
c W
orke
rs' l
ikin
gs a
nd d
islik
ing
Liki
ng e
mpl
oyer
sty
pe o
f beh
avio
ur: 3
8.4%
CD
Ws
repo
rted
that
they
feel
goo
d w
hen
thei
r em
ploy
ers
talk
with
them
ina
happ
y m
anne
r. C
orre
ctin
g er
rors
of C
DW
s by
the
empl
oyer
s is l
ikin
gs b
y 37
% C
DW
s. Th
ey a
lso
men
tione
d th
at e
mpl
oyer
ssm
iling
for
som
ethi
ng is
like
d be
havi
our
by C
DW
s. 16
% C
DW
s fe
el h
appy
whe
n th
ey g
et s
cope
to
play
and
rec
reat
ion
(wat
chin
g TV
). Th
e re
spon
dent
sce
nario
s of
all
dist
ricts
are
alm
ost s
ame.
-
49
Dh
aka
Ch
itag
on
g
Sylh
et
Raj
shah
i K
hu
lna
Bar
isal
O
vera
ll
%
%
%
%
%
%
%
Bad
sp
eaki
ng
51
.8
56.4
58
.2
33.9
62
.5
35.1
50
.7
Slap
pp
in fa
ce
8.9
7.3
3.0
7.1
2.1
12.3
7.
1
Bea
tin
g w
ith
sti
ck
2.7
4.5
3.0
7.1
2.1
7.0
4.2
Red
eye
7.
1 4.
5 16
.4
16.1
12
.5
0.0
8.7
Bad
sp
eaki
ng
wit
h p
aren
t 25
.0
26.4
17
.9
25.0
18
.8
43.9
26
.0
Oth
ers
4.5
0.9
1.5
10.7
2.
1 1.
8 3.
3
Ove
rall
100
100
100
100
100
100
100
Tab
le-1
8: W
ork
ing
ch
ildre
n d
islik
e ty
pe
of e
mp
loye
rs b
ehav
ior
Dis
likin
g em
ploy
ers
type
of
beha
viou
r: 51
% C
DW
s re
port
ed t
hat
mos
t di
slik
ing
beha
viou
rs o
f th
e em
ploy
ers
is b
adsp
eaki
ng to
them
and
26%
CD
Ws
disl
ike
empl
oyer
s ba
d sp
eaki
ng w
ith th
eir p
aren
t, 9%
frow
ning
whi
le ta
lkin
g w
ith th
emat
the
time
of m
ista
kes.
7% C
DW
s di
slik
e em
ploy
ers'
beha
viou
r whe
n em
ploy
ers
are
slap
ping
thei
r fac
e an
d be
atin
g th
emw
ith s
tick
if th
ey m
ade
mis
take
s.
-
50
Dh
aka
Ch
itag
on
g
Sylh
et
Raj
shah
i K
hu
lna
Bar
isal
O
vera
ll
%
%
%
%
%
%
%
Was
hin
g p
late
5.
4 9.
1 11
.9
7.1
2.1
3.5
6.9
Cu
ttin
g v
eget
able
s 0.
9 2.
7 0.
0 1.
8 2.
1 3.
5 1.
8
Was
hin
g c
loth
36
.6
20.0
49
.3
21.4
35
.4
24.6
30
.9
Mak
ing
bre
akfa
st
3.6
5.5
0.0
0.0
2.1
1.8
2.7
Co
oki
ng
8.
0 6.
4 4.
5 8.
9 4.
2 8.
8 6.
9
Cle
anin
g fl
oo
r 7.
1 6.
4 7.
5 7.
1 8.
3 10
.5
7.6
Cal
ling
in s
leep
ing
15
.2
41.8
19
.4
28.6
25
.0
40.4
28
.2
Col
lect
ing
wat
er a
nd fe
edin
g c
ow
23.2
8.
2 7.
5 25
.0
20.8
7.
0 15
.1
Ove
rall
100
100
100
100
100
100
100
Tab
le-1
9: W
ork
ing
ch
ildre
n d
islik
e to
do
typ
e o
f wo
rk
Dis
likin
g ty
pe o
f wor
k: M
ost d
islik
ing
task
of C
DW
s is 3
0.9%
was
hing
clo
thes
, 28%
cal
ling
durin
g sl
eepi
ng, 1
5% c
olle
ctin
gw
ater
and
feed
ing
cow
. The
follo
win
g ta
ble
also
show
s tha
t 15%
CD
Ws d
islik
e co
okin
g an
d cl
eani
ng fl
oor.1
0% C
DW
s dis
like
was
hing
pla
tes
and
mak
ing
brea
kfas
t.
-
Chapter 4Child Domestic Worker Situation
outside law
-
4.1 Legal Framework towards Child Domestic WorkerIssue
Reviewing the Law and Policy to Protect Child Domestic Workers:Employment of children as domestic workers has become commonin Bangladesh. Ain o Salish Kendra (ASK) and SCSD are jointly workingto promote human rights of the child domestic workers. This reportcontains inadequacies in law and lack of other protection facilitiesand is a motivation to start approaches to bring the desired changein the life of child domestic workers.
The state and our children: 37% population of Bangladesh ischildren which is more than in most of the countries of the world. Inthe developed countries, the ratio of children in the population is lessthan 20%. Due to extreme poverty many of the children inBangladesh have to work for their livelihood. According to surveys ofBBS and UNICEF 2006, approximately 400,000 children in Bangladeshare engaged as domestic workers for their livelihood. 132,000 areworking in Dhaka City.
Practical Situation of Child Domestic Workers: Domestic workersare excluded from Labour Law 2006 vide section 1(4) (na). EvenNational Child Labour Eradication Policy (Final draft) 2008, hasrecognized domestic work as informal sector job. In case of violencelike physical torture, sexual abuse domestic workers may get remedyunder the Penal Code and Nari o Shishu Nirjatan Daman Ain 2000.According to the statistics of Ain o Salish Kendra (ASK) in 2008, 479child domestic workers were subjected to violence and someperpetrators were prosecuted. But due to imbalance of power
53
Chapter 4Child Domestic Worker Situation
outside law
-
between the parties, victims were compelled to compromise or towithdraw their case.
Laws and Policies in Bangladesh to Protect Domestic Workers:Law is an important instrument of empowerment. Different lawsregulate different aspects and dimensions of our social, political andeconomic lives. The Constitution is the best instrument for suchempowerment. As part of fundamental State policy, Article 14 of theConstitution of Bangladesh states that "It shall be fundamentalresponsibility of the state to emancipate the toiling masses-thepeasants and workers-and backward sections of the people from allform of exploitation."
Article 15 (b) "the right to work, that is the right to guaranteedemployment at a reasonable wage having to the quantity and qualityof work."
Article 28 (4) of the Constitution of Bangladesh provides that"nothings shall prevent the state from making special provision infavor of women or children or for the advancement of any backwardsection of citizens."
In Bangladesh 35 laws have been identified which concern children.Most of the laws are related to the children in contact with law andchildren engaged in formal sector work. There is no comprehensivelaw in favor for 93% children out of 7.4 million who are working ininformal sector including the children engaged in domestic work.Only the Domestic Servant Registration Ordinance 1961 requiresthe registration of the domestic servants by themselves with the localpolice station within fifteen days. This law neither contains any rightsfor the domestic workers nor defines the obligation of the employers.This law brought the domestic workers under suspicion that theymay commit offence any time and their employers will be protectedby police. But in case of offence by the employer against the domesticworker, this law does not contain anything. Moreover, this law isapplicable only for five police stations named Katwali, Sutrapur,Lalbag, Ramna and Tejgaon of Dhaka City. Section 34 of the Children
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Act 1974 states that "if any person over the age of sixteen years, whohas the custody, charge or care of any child assaults, ill-treats, neglects,abandons or expose such child or causes such child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to causesuch child unnecessary suffering or injury to his health including loss ofsight or hearing or injury to limb or organ of the body and any mentalderangement such person shall be punishable with imprisonment for aterm which may extend to taka one thousand or with both". The laws arenot being practiced.
Article 32 (1) of the UN Convention on the rights of the child (CRC)provides that state parties recognize the right of the child to beprotected from economic exploitation and from performing anywork that is likely to hazardous or to interfere with the child'seducation or to be harmful to the child's health or physical, mental,spiritual, moral or social development. Bangladesh also ratified theConvention on the Elimination of all forms of Discrimination AgainstWomen (CEDAW) in respect of economical and social protection andILO Convention on the worst forms of child labour. But the reality isthat children involved in domestic work often become victim of botheconomic exploitation and maltreatment. Unfortunately, we have nocomprehensive law regarding child domestic workers. State hasfailed to take proper steps to protect a large number of domesticworkers.
4.2 Code of Conduct for the Employers as Soft Bindingsinstead of Legal Framework as an Immediate Solution
Different statistics show that 93% children of the total child labour areengaged in informal sector. As a result of the total child labour force,child labour of informal sector suffers the most exploitativetreatment. Since the CDWs live in the employers houses away fromtheir parents, they are almost invisible and inaccessible forgovernment inspectors, statisticians, NGO workers and even forneighbors. Many CDWs face very exploitative treatments from theemployers.
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In order to counter this situation, it is essential to include the informalsector within legal protection and development of code of conductfor the employers of child domestic workers can work as a soft legalbinding for them. The objective of the code of conduct is to bring theacceptable minimum standard of behavioral pattern among theemployers of informal sectors considering the best interest of thechildren.
Code of conduct will make employers responsible to maintain somerules and regulation which will protect children. These are: regularnorms, three times proper food, opportunity for education,economical support for study, provision for not to abuse or torture,allow the CDW to communicate with her/his family members, properwages and health care facilities, provide minimum standard livingfacilities, ensure holiday and recreation facilities. Such codes ofconduct will also help the parents to bargain with the employers.
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Chapter 5Group Views on Child Domestic Worker's
Condition
-
36 FGDs have been conducted with 3 groups of people (childdomestic worker, parents/community and local government)covering all six divisions of the country.
5.1 Children's Thoughts on Child Domestic Workers'Condition
Reason for leaving home to engage in child domestic work:Twelve focus group discussions were held with 200 CDWs. All CDWsmentioned that their parents engaged them as CDW due to poverty.Almost all CDWs mentioned that their families are suffering fromscarcity of food, low income, and that it is difficult to manage thefamily expenditure. Some reasons for engaging children in domesticwork are long-time sickness of the father, the only bread earner in thefamily, big family size, no land available for cultivation, loans to bepaid back, no access to schools. Around 10% participants among thediscussants informed that they became CDWs as they do not haveany parents, lost father, or their mother is sick.
The level of poverty increases with each passing generation. Allchildren mentioned that parents cannot provide three meals a dayCDWs often come from poor, large, rural families, but there are otherfactors which, depending on the region, determine the likelihood ofchildren working as domestic workers. Undoubtedly, the poverty of afamily and increasing need for cash as a form of household incomeare important factors for sending young members of the families offto work. The rapid economic transition in the country is linked to thegrowing market for child domestics. It was also found that children ofwidowed or abandoned women who are forced to raise the familywithout support are engaged in domestic work.
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Chapter 5Group Views on Child Domestic Worker's
Condition
-
Pros and Cons of working as CDW: 100% of the children respondedthat they never like to do work as child domestic worker, becausethey feel isolated, miss their parents, siblings, relatives and cannot getfood, as provided for the kids of the employers. They are treated asthe outsiders of the employers family, and have nobody to share theiremotions with. Day long, they are under pressure to work. Employergives them plenty of jobs which they have to perform within astipulated time in a day. Almost all the children mentioned that theywake up from bed very early in the morning (during prayer time) andgo back to bed at 12 o'clock (around mid night). Nobody consideredtheir age and everybody at the employers house feel that theyshould perform like adults. There is no freedom at work but in theirfamily they can do what they wish. Moreover, they are not getting thechance for education and employers are not allowing meeting withtheir family members.
Children noticed that if they make just simple mistakes, employerscold them severely and sometimes slap them. Even when they feelsick they have to work. They feel sad when the employer goes outsideand keeps them locked in alone. They feel very bad when employerdeduct their wages for mistakenly breaking something. Childrenopined that they want to study at school. A significant number ofchildren have mentioned that they want to get education besidework. Few children, however, told that they like work as they can takefood thrice a day, they can watch TV, can read sometimes and thatthey can help their parents financially.
Decision maker for CDW: 95% children responded that their parentstook decision to send them to work as CDW. Few children came ontheir own decisions as they observed that their father worked reallyhard to keep up with their family expenditure. Children told that theiropinions are never considered when they are sent away to work.
Facilities needed to prevent child domestic work: If the basicneeds are fulfilled, children need not to work as CDW. If there is anopportunity to study, if their parents could feed them three times and
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father could earn a good salary, if they have good clothes and canmanage treatment for family members, they need not to work aschild domestic workers.
There are very limited opportunities to work in the villages. Somechildren mentioned that if their parents had enough opportunities towork in the village and also, if the children could have opportunitiesto work at village level, they would never come to the cities to workas CDW.
Expected behavior from employers: The children told that theywant fair treatment from the employers. When employers behavepositively and talk tenderly, they become happy. They also wantopportunities for recreation, study and they like to be treated as afamily member and want the same level of affection that theemployers children receive. They want the employers to praise theirjob and calmly correct their possible mistakes. Employers shouldoffer the same food, buy clothes for them and provide their salariesregularly.
Activities to relieve themselves from sadness: Almost all theresponding children mentioned that when they feel sad or don't liketo work they sit silent, spend few hours in the toilet or balcony,sometimes cry and recall the memory of their family and village.Some children mentioned that they wish to go back to village, meetparents and share their bad feelings. Few of them replied thatsometimes they wish to visit other places and play.
Urge to stay with parents: All children responded that they wouldlike to work with their parents with basic amenities, even when giventhe option to work at an employers house and receiving ample salary.Children told that they will take the option to stay with family withone or two meals in a day. Everyone wants to live with their parents ifit is possible. To their parents they don't have to be rebuked, beatenup for small faults and will be able to enjoy the company of theirparents.
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5.2 Parents and Communities' Perception on ChildDomestic Workers' Condition
Perception about child labour: Twelve focus group discussionswere held with around 300 parents and community representatives.Most of the parents and community representatives living in the ruralarea mentioned that they did not have any clear idea about childlabour, but they guess that children, who are working in othershousehold and garments factories, shops, are called child laborers.According to the discussions it is delineated by the participants thatchildren should go to school and play in the play ground. It is notsuitable for the children to involve with work during early childhood.Most of the parents were not aware of child labour and hazardouswork. As a result they give their children to another house asdomestic child workers. Perception of child labour differs from oneplace to another. Some participants were describing that whenchildren are engaged with work which includes benefits or wages itmay be called child labor. Some parents and community peoples saidthat children should not be involved with heavy work. It is assumedthat children who are living in village and do household activities orhelping the father in his small business like tea stall are notconsidered as child laborers. It was also found that children who arepulling van, rickshaw are not even considered 'children'. They areconsidered as adult who are still 14-15 years old. Especially girlchildren who are above 12 years are no more children in the eyes ofthe parents.
Some parents feel that Bangladesh is a poor country and it is notpossible to eliminate child labor overnight here. Children are workingin other's house as domestic worker, they do agriculture work, fishing,work in shops, hotels and other sorts of work. But the work that isharmful for the health of children should be prohibited. If childrenwork, they cannot get access to school, they don't get time for playand recreation. If children are domestic workers, they become thevictims of violence, they do not get proper food, the employers bitthem and sometimes they become victims of sexual abuse.
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Level of parents' and communities' understanding on the badimpact of child labor: Most participants strongly believe that childlabor is not good for children and it is not favorable for their mentaland physical development. They noticed that most of middleclassand rich people's children go to school but at same age poor families'children enter into job market. Because of having labor at the tenderage the education of children is hampered, children become sick, donot have any idea about the outer world, their brain does notdevelop, they fall victim of different physical and mental diseases andaccidents in the work places. Besides, due to indecent directions theyare sometimes involved in various kinds of crime. Parents andcommunity representatives are also realizing that their children neverenjoy freedom in an independent country. Their children are alwaysobliged to obey employers and follow employers direction. Theirchildren never get chance to enjoy rest and recreation. During workthey become sick or feel sick. Parents mentioned that child domesticworkers are treated badly. Parents face difficulties when they arrangemarriage for their daughter and most of the time hide thisinformation that once their daughter work as a domestic worker inanother person's house.
Huge numbers of children are deprived from the socializationprocess due to early involvement with work. Significant numbers ofparents are worried to involve with unhealthy activities due to 'badbuddy's' company. Moreover, children's creativity is destroyed. In theHill Tract areas children are not continuing their education duringcultivation and harvesting time. All of the parents reveal that childrenfuture is going to be destroyed due to work.
Reason for discrimination between boys and girls when sendingthem for CDW: Parents noticed that in the society some parents havethe misperception that the boy child will earn money and look afterthe family in future. These types of social taboos are encompassingwith the parents. Traditional perception is creating discriminationwithin the family. Simultaneously, parents believe that girl childrenare better in household work and are safe in domestic work. At village
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level there are limited opportunities to engage girls in job market. InBangladesh, rural economies depend on agriculture but 70-80% jobopportunities in this sector are created for boys. Parents feelinsecurity towards girl children due to some societal problems.Parents also informed that it is difficult to send all children in theschool due to poverty. They cannot provide food and cloth properlybut adolescent girls need proper clothing at this stage. Consideringthe whole situation parents feel more interest to give better facilitiesto boy children and engage girls in work instead of schooling.Moreover, there is more demand for girl child as domestic workersfrom the employers side.
Parents' awareness about the situations of CDW: Most parents areinformed about the situation of child domestic worker and in mostcases the CDW are in miserable situation. Normally they remainmentally oppressed as they are separated from their families and arevery often rebuked and neglected by the employers for small,negligible faults. Employers do not consider their faults with an openmind and in most cases they try to find the faults of the childrenengaged in their houses. CDWs work from dawn to mid night, go tobed after all others in the house, eat in a separate place and are notallowed to sit on the sofa even in absence of the family members.
There are very few caseswhere family membersconsider the workingchildren as their own. Forthe same faults, familymembers' children are notaccused, but the workingchildren are highly scoldedand even beaten sometimes. They are deprived from their right toeducation and other social facilities and activities though employercommitted themselves to give CDWs the chance for education at thetime of recruitment. Even employers do not consider their sickness;
64
"I know that my child is not in a goodposition. She is smiling with me. Shedidn't share anything with me. But, asa mother I deemed that she issuffering from many problems but Iam not able to relieve her from work."
Rinu Bala - mother of a CDW
-
the only thing they care about is work. Some employers also cheatparents by giving promises to assist in marriage in future but they donot keep promises. Employers do not play the role of guardians;rather treat them as 'working machines'.
Almost all parents noticed that their children sleep in the kitchen oron the floor. They do not get proper wages even on irregular basis.They usually do not get the chance to go outside with the employersand sometimes they are keeping them locked in the house. CDWshave to work a lot though employer recruited the children by tellingthem that they should be baby sitters and only play with their smallkids, but in reality they engage them for doing all kinds of householdwork. Few of the participants shared that comparison with otherwork, domestic work is safe for the girl's children and less hazardous.However, their opinion was that children involvement with domesticwork is not suitable.
Reason behind child domestic work: Parents and communityrepresentatives mentioned that they send their children at workmainly due to financial crisis. Few children are involved with work dueto separation between father and mother and domestic violence. Asignificant number of children are involved with work due to parent'slack of awareness about the bad impact of domestic works. However,some parents are aware about the situation, but they cannot find anyalternatives. Drop out from education is one of the reasons to involvechildren in work. Besides, illiteracy, low income, large family size, andlack of education facilities encourage parents to engage children inwork.
Parents' demands to the Employers: All the participants demandedthat employers should consider CDW as their own child and give theopportunity for education and recreation. They should give the wageregularly and give work according to the age and psychical conditionof the child. They should praise the child's work. A suitable andprotected place should be given for and employers attitude must bepositive.
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The employers should always be responsible, sincere and friendly.They should behave such as parents behave with the children. Ifchildren make any mistake they should not scold or beaten but ratherteach them or make them understand how to do work correctly. Incase of sickness the working childrens proper treatment should beensured. The employers should make some savings for CDWs orprovide some skill training so that they can do other jobs orbusinesses in the future.
Role of Local govt. to reduce unsafe rural-urban childrenmigration: In the group discussion the participants shared that localgovt. can raise mass awareness at the community level on unsaferural-urban migration. They can create job in their own area. Localgovt. can take information from Primary school about drop out ofpoor children and arrange grant for these children. They canencourage improvement of the quality of education so that childrenlike to go to school and to stay in school. Rich people should comeforward to co-operate local govt. Government should providescholarship to poor children so that they can enroll in school. Localgovt. should take necessary action for creating parent's alternativejob and stop child domestic work. Vocational and technical educationbased on demand at locally and nationally, should be set up in therural level. Such initiatives can prevent people from migrating to theurban areas. Full and detailed information of employers includingemployers photograph should be collected and archived forprotection of the CDWs who leave their families. Local governmentshould be provided support to develop registration systems andawareness programmes.
5.3 Local Government View on Child Domestic Workers'Condition
Level of awareness of local government about CDW: Twelve focusgroup discussions were held at the study areas for a significantnumber of participants from local govt. institutions. All participantsmentioned that children migrate from village to cities for various paid
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jobs. Most of the children go to cities for domestic work, motorgarage work, tempo helper etc. Reasons for children migration tocities for work are financial crisis in the families, lack of educationfacilities, polygamy, large family size and broken families. It was alsodiscussed that most of the girl children are involved with domesticwork. Comparatively, the migration rate from Sadar district to othercities (for example from Sylhet, Chittagong or Dhaka to other cities) islow but children from different districts are coming to main cities fordomestic work. It was also shared that the migration scenario of otherdistrict under Sylhet and Dhaka division is alarming. As an example,in Hobigonj distric