Introduction

Child labour remains a serious global issue despite concerted efforts to eradicate it. In South Asia,
Bangladesh and Sri Lanka are two countries that have made significant strides in developing legal
frameworks to eliminate child labour. While both countries have enacted laws and policies aimed at
protecting children from exploitation and promoting their rights, the effectiveness of these
frameworks varies. This study aims to conduct a critical analysis of the legal frameworks on
eliminating child labour in Bangladesh and Sri Lanka and identify the similarities and differences
between them. Specifically, we will examine the factors that contribute to the prevalence of child
labour in these two countries and how they affect the effectiveness of their respective legal
frameworks. We will also assess the successes and challenges faced in implementing the laws and
policies related to child labour in both countries. Finally, we will offer recommendations for
strengthening the existing framework in Sri Lanka by comparing it with that of Bangladesh. The
findings of this study will contribute to a better understanding of the legal frameworks on child
labour in South Asia and provide insights into how these frameworks can be improved to protect
children's rights more effectively.

Overview of Child Labor Situation in Bangladesh and Sri Lanka

Child labor is a persistent issue in many developing countries, including Bangladesh and Sri Lanka. In
this section, we provide an overview of the prevalence of child labor in both countries, the types of
child labor and industries where it commonly occurs, and the factors contributing to child labor.

Prevalence of child labor in both countries

According to the International Labor Organization (ILO), Bangladesh and Sri Lanka have made
progress in reducing the number of child laborers in recent years, but the problem still persists. In
Bangladesh, an estimated 4.9 million children between the ages of 5 and 17 are engaged in child
labor, while in Sri Lanka, the number is around 100,000. These figures are based on the most recent
data available from 2019.

Types of child labor and industries where it commonly occurs

Child labor takes many different forms and can occur in various industries. In both Bangladesh and
Sri Lanka, children are engaged in hazardous and non-hazardous work. Some of the most common
forms of child labor in Bangladesh include work in the garment industry, agriculture, and domestic
work. In Sri Lanka, children are often employed in tea plantations, agriculture, and fishing.

Factors contributing to child labor

Several factors contribute to the prevalence of child labor in both countries. Poverty is a significant
driver of child labor, as families often rely on the income generated by their children to make ends
meet. Lack of access to education is another contributing factor, as children who are not in school
are more likely to be engaged in child labor. In some cases, cultural norms and traditions also play a
role in perpetuating child labor practices. Additionally, weak enforcement of labor laws and
inadequate social protection systems contribute to the persistence of child labor in both countries.
Legal Frameworks for Eliminating Child Labor:

Child labor is a complex issue that requires a multifaceted approach to be resolved. One of the
essential components of this approach is the implementation of legal frameworks that aim to
prevent and eliminate child labor. In this section, we will provide an overview of the legal
frameworks in Bangladesh and Sri Lanka, compare their scope, coverage, and enforcement
mechanisms, and discuss their strengths and weaknesses.

Overview of the legal frameworks in Bangladesh and Sri Lanka:

Bangladesh and Sri Lanka have implemented various legal frameworks to prevent and eliminate child
labor. In Bangladesh, the Child Labor Deterrence Act 2010 is the primary legal framework that
addresses child labor issues. This act prohibits the employment of children under 14 years of age in
any hazardous occupations and sets penalties for violators. Additionally, Bangladesh has ratified
various international conventions on child labor, such as the Minimum Age Convention 1973 (No.
138) and the Worst Forms of Child Labour Convention 1999 (No. 182), which provide further
guidance on the elimination of child labor.

In Sri Lanka, the legal framework for child labor includes the Employment of Women, Young Persons,
and Children Act No. 47 of 1956 and the Children and Young Persons Ordinance No. 25 of 1939.
These acts prohibit the employment of children under 14 years of age in any occupation and set
penalties for violators. Sri Lanka has also ratified various international conventions on child labor,
including the Minimum Age Convention 1973 (No. 138) and the Worst Forms of Child Labour
Convention 1999 (No. 182).

Comparison of the legal frameworks in terms of scope, coverage, and enforcement mechanisms:

The legal frameworks in Bangladesh and Sri Lanka have similar objectives of eliminating child labor;
however, there are differences in their scope, coverage, and enforcement mechanisms.

In terms of scope, the Child Labor Deterrence Act in Bangladesh only prohibits the employment of
children under 14 years of age in hazardous occupations, while Sri Lanka's Employment of Women,
Young Persons, and Children Act and Children and Young Persons Ordinance prohibit the
employment of children under 14 years of age in any occupation.

In terms of coverage, the legal frameworks in both countries only apply to children under 14 years of
age. However, Sri Lanka's legal frameworks also cover the employment of women and young
persons.
In terms of enforcement mechanisms, both countries have established penalties for violators of child
labor laws. However, enforcement is weak in both countries, and violations are widespread.

Strengths and weaknesses of each legal framework:

The legal frameworks in Bangladesh and Sri Lanka have strengths and weaknesses. The Child Labor
Deterrence Act in Bangladesh is relatively recent and incorporates provisions for the worst forms of
child labor, such as trafficking and forced labor. However, enforcement is weak, and there is a lack of
resources and capacity to implement the law effectively.

Similarly, Sri Lanka's legal frameworks provide a comprehensive approach to address child labor
issues. However, the enforcement of these laws is weak, and there is a lack of awareness among the
public and employers about the legal provisions.

In conclusion, both Bangladesh and Sri Lanka have implemented legal frameworks to eliminate child
labor. However, the effectiveness of these frameworks is limited by weak enforcement and a lack of
resources and capacity. Therefore, there is a need for greater commitment and investment in
addressing child labor issues in both countries.

Enforcement of Child Labor Laws:

Child labor laws are only effective if they are enforced properly. In Bangladesh and Sri Lanka, both
countries have enacted legislation to prohibit child labor, but the effectiveness of enforcement
efforts has been mixed. The following is an analysis of the effectiveness of enforcement efforts in
both countries, the challenges faced by law enforcement agencies in enforcing child labor laws, and
the success stories and best practices in enforcing child labor laws.

Effectiveness of Enforcement Efforts:

In Bangladesh, the government has established a number of institutions to enforce child labor laws,
including the Department of Inspection for Factories and Establishments (DIFE), which is responsible
for enforcing labor laws in the formal sector, and the National Child Labor Welfare Council, which is
responsible for coordinating and monitoring efforts to eliminate child labor. However, despite these
efforts, child labor remains a pervasive problem in Bangladesh, and enforcement efforts have been
hampered by a number of factors, including limited resources, corruption, and inadequate legal
frameworks.
In Sri Lanka, the government has also established a number of institutions to enforce child labor
laws, including the Department of Labor, which is responsible for enforcing labor laws in the formal
sector, and the National Child Protection Authority, which is responsible for coordinating and
monitoring efforts to eliminate child labor. However, like Bangladesh, child labor remains a
significant problem in Sri Lanka, and enforcement efforts have been hampered by factors such as
inadequate resources, corruption, and limited awareness among the public and law enforcement
officials.

Challenges Faced by Law Enforcement Agencies:

One of the biggest challenges faced by law enforcement agencies in both Bangladesh and Sri Lanka is
the lack of resources. Inadequate funding and staffing make it difficult for law enforcement agencies
to carry out their responsibilities effectively. Additionally, corruption within law enforcement
agencies can hinder efforts to enforce child labor laws, as officials may be reluctant to take action
against violators if they are receiving bribes or other forms of illicit payments.

Another challenge is the lack of awareness among the public and law enforcement officials about the
harms of child labor. This can lead to a lack of reporting of cases of child labor, as well as a lack of
understanding of the importance of enforcing child labor laws.

Success Stories and Best Practices:

Despite these challenges, there have been some success stories and best practices in enforcing child
labor laws in both countries. In Bangladesh, for example, the introduction of a hotline for reporting
child labor cases has been successful in increasing awareness of the issue and encouraging reporting
of cases. In addition, the formation of a child labor monitoring cell within the DIFE has helped to
improve coordination and monitoring of efforts to eliminate child labor.

In Sri Lanka, the government has implemented a number of initiatives to combat child labor,
including the establishment of a National Plan of Action for the Elimination of Child Labor and the
introduction of a Child Labor Monitoring System to monitor and report on child labor cases.
Additionally, the government has worked closely with civil society organizations and other
stakeholders to raise awareness of the issue and to develop strategies for combating child labor.

Conclusion:

In conclusion, the enforcement of child labor laws in both Bangladesh and Sri Lanka remains a
significant challenge, with limited resources, corruption, and inadequate legal frameworks all
contributing to the problem. However, there have been some success stories and best practices, and
efforts to eliminate child labor continue. To further strengthen enforcement efforts, there is a need
for increased resources, improved legal frameworks, and greater awareness among the public and
law enforcement officials about the harms of child labor.

Conclusion and Recommendations:

Based on the findings of this study, it is clear that child labor is a significant problem in both
Bangladesh and Sri Lanka, with a high prevalence of child labor in various industries and sectors. The
legal frameworks in both countries are in place to address this issue, but enforcement efforts face
several challenges.

In terms of legal frameworks, Bangladesh has made progress by ratifying several international
conventions related to child labor and implementing several laws and policies to eliminate it.
However, there are still gaps in the enforcement of these laws. In contrast, Sri Lanka has a more
comprehensive legal framework for addressing child labor, including a specific law dedicated to
eliminating child labor, but enforcement efforts have been weakened by weak institutional capacity
and corruption.

Enforcement efforts in both countries have been hampered by a lack of resources, limited capacity
of law enforcement agencies, and a lack of political will. However, there have been some success
stories in enforcing child labor laws, such as the initiatives taken by the Bangladesh government to
address child labor in the garment industry and the efforts of civil society organizations in Sri Lanka
to monitor and report on cases of child labor.

To address the issue of child labor in both countries, it is essential to strengthen the legal
frameworks and enforcement mechanisms, including providing adequate resources to law
enforcement agencies, improving institutional capacity, and addressing corruption. It is also crucial
to raise public awareness of the negative impacts of child labor on children's health, education, and
overall development.

Future research on child labor in Bangladesh and Sri Lanka should focus on exploring the root causes
of child labor, including poverty, lack of access to education, and social norms that normalize child
labor. The study should also investigate the effectiveness of different interventions to eliminate child
labor, such as social protection programs, education and training programs, and community
mobilization efforts.

In conclusion, addressing the issue of child labor in Bangladesh and Sri Lanka requires a multi-
faceted approach that involves strengthening the legal frameworks, enhancing enforcement efforts,
raising public awareness, and addressing the root causes of child labor. The findings of this study can
serve as a basis for policymakers, civil society organizations, and other stakeholders to develop and
implement effective interventions to eliminate child labor in both countries.