CHILD LABOR: CONTINUOUS EXPLOITATION AND ABUSE

Jennifer Smith

Abstract: On September 27, 2020, The New York Times reported that the closing of schools and decrease of jobs and income during the coronavirus pandemic forced millions of poor children to leave education behind and pursue careers to support their families. Despite nearly 100 million children being removed for child labor between 2000 and 2016, 152 million children are laborers with nearly half currently working in hazardous jobs in agriculture, mining, construction, manufacturing, and other sectors. The conventional wisdom is that the United Nations is effective in reducing global child labor, yet this belief does not explore how international organizations can respond to global issues. This paper will use qualitative methodology in the form of case study research to demonstrate how the International Labor Organization can respond to the threat of increasing child labor by evaluating two case studies from the 1990s: the Pakistan soccer ball industry and the Bangladesh garment industry. My research demonstrates that the International Labor Organization can respond to the threat of increasing child labor by raising awareness of the industries profiting off child labor. The findings demonstrate how removing children from child labor and placing them in education programs both provides better human rights for children and has the possibility of stimulating better economic growth in the future as more children become educated.

Introduction

On September 27, 2020, The New York Times reported that closing schools and loss of jobs and income during the coronavirus pandemic forced millions of poor children globally to leave their education and begin working to support their families (Pérez-Peña 2020). Increases due to the pandemic demonstrate a new disruption to the efforts to end child labor, which have been prevalent since the founding of the International Labor Organization (ILO) in 1919. In the early twentieth century, the ILO established the Conventions and Recommendations on child labor and children’s work, introducing international legally binding instruments for children’s rights (Quinn 2019). From 2000 to 2016, the ILO decreased the number of child laborers from 246 million to 152 million, resulting in nearly 100 million children being removed from child labor (ILO News 2021). As the number of child laborers decreases, the ILO argues that helping the remaining children, especially those living in remote areas, situations of conflict and disaster, and poor communities continue to be the most challenging demographic to reach (Quinn 2019). To prevent vulnerable families from resorting to child labor, the ILO and UNICEF urge governments to bolster or develop social safeguard measures that guarantee secure access to health care and reinforce employment, income, and food security (Buchner 2020).

The critical issues that increase child labor pose numerous ramifications for vulnerable populations. For many low- and middle-income countries, such as Myanmar, Bangladesh, and India, fighting coronavirus also involves a fight to save children from forced labor that disrupts their childhoods and impedes their right to a fruitful future (Buechner and Ferguson 2020). Child labor goes beyond education, resulting in harmful outcomes that last lifetimes as schools provide children with health, immunization, and nourishment services in a secure, supportive environment (Buchner 2020). Prevalent poverty results and enforces child labor, further feeding social discrimination and inequality. Without urgent and effective measures to protect and remove children from child labor, years of educational gain and anti-child labor actions will falter. This paper examines the enduring manifestations of child labor and its impact on global and local prosperity. By utilizing the theoretical framework of international positivism, the research explores whether child labor can be eradicated through international pressure from economies like the United States and advocacy and implementation work by global entities like the International Labor Organization. With specific evidence from Pakistan and Bangladesh, the study finds that international pressure and subsequent response by international organizations can play a crucial role in beginning to dismantle child labor practices across the world.

Conventional Wisdom

While there is no available non-partisan polling data from the United States regarding child labor, we can determine American beliefs by looking at international organizations dealing with child labor, such as the ILO under the United Nations (UN). According to a 2016 poll from the Pew Research Center, 65 percent of Americans say the UN is doing a poor job of attempting to solve the global issues it faces (Pew Research Center 2016). Likewise, a 2020 Gallup poll shows that 57 percent of Americans believe the UN is doing a poor job of attempting to solve the global issues it faces (Brenan 2020). These polls reveal that most Americans think the UN needs to solve global problems more sufficiently. While these polls did not explicitly ask for American’s perspectives on the UN’s effectiveness in solving issues related to child labor, based on overall negative reviews of the UN’s lack of effectiveness in addressing and solving global issues, it is plausible to assume that Americans do not obtain a favorable opinion on the UN’s handling of and effectiveness in reducing global child labor either.

While Americans believe the UN is doing a poor job of attempting to solve the global issues it faces, this conventional wisdom is incomplete. Several factors need consideration about individual UN organizations, including their historical effectiveness, before understanding how individual organizations like the ILO respond to international child labor. General disapproval of the UN’s effectiveness does not provide a full picture of the approval of each of these UN organizations. Furthermore, this conventional wisdom does not explore how international organizations can respond to global issues, such as the rise in child labor. Specifically, the ILO can look at previous actions and precedents they have conducted to determine the best method of responding to an increase in child labor on an individual country basis. By overlooking individual factors and demonstrating generic disapproval of the UN, the conventional wisdom fails to address how international organizations can improve global conditions.

Methodology and Evidence

This paper will use case study research to demonstrate how the ILO can respond to the threat of increasing child labor. These case studies will look at the use of child labor in 1990s Pakistan and Bangladesh and how the ILO has intervened to eliminate child labor. Case studies were limited to the 1990s as they provided a significant amount of time to determine the effectiveness of their programs. Additionally, case studies occurring prior to the ILOs adoption of Convention No. 182 in 1999, which declares that UN member countries commit themselves to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labor, including slavery, prostitution, and forced labor, were chosen to evaluate the effectiveness of the UN's policies without an established global support and accountability measure (International Labor Organization 1999). The prevalence of Pakistan and Bangladesh industries in the 1990s global market, which further prompted the hiring and forced labor of children, made them ideal representative countries for this case study. The evidence utilized in this paper is a combination of primary and secondary evidence. The paper predominantly relies on primary evidence, including ILO and UN reports, U.S. Department of Labor documents, international law journals, and news sources like The Atlantic and The Economist.

Theoretical Paradigm

International positivism accentuates states as primary actors, prominent within international organizations such as the Permanent Court of International Justice. The theory focuses on implementing global standards through positive practices commonly found in treaties and unspoken customs included in legal matters. It asserts the significance of state consent, in which a state adheres to a legal standard due to affirmatively consenting to the norm (Murphy 2012). International positivism concentrates on what the law is and says by studying ratified treaties and state practices rather than focusing on what the law should be according to equity, justice, and fairness. Its theory of precedent and implementing global standards through positive practices helps frame the ILO's actions when determining how to eliminate child labor.

The concept that international law focuses on studying ratified treaties and state practices rather than working towards equal and fair laws makes it difficult for the ILO to establish action plans to eliminate child labor. As child labor limits the lifelong potential for child laborers perpetuating a cycle of poverty, efforts to eliminate child labor are essential to protecting and saving lives and entire communities. Therefore, international organizations must focus on creating plans that incentivize states to change based on state desire rather than emphasizing plans based on equity, justice, and fairness. The global acceptance of adhering to the legal norm due to state affirmative consent makes it increasingly difficult for international organizations to conceive and implement change.

Case Study: Pakistan

According to the U.S. Department of Labor, Pakistani children are engaged in some of the worst forms of child labor, leading to commercial sexual exploitation and domestic work linked to human trafficking (Bureau of International Labor Affairs 2020b). Much of this child labor is implemented under forced labor conditions such as debt bondage, sexual assault, and physical abuse. In addition to debt bondage, many poor rural families sell their children as domestic servants or rely on paid agents to arrange servitude, often misinformed that their children work under decent conditions (Bureau of Democracy, Human Rights and Labor 2020). Furthermore, child labor has continued to thrive in Pakistan due to police corruption which includes taking bribes and being unwilling to conduct investigations into child labor crimes, including receiving bribes from presumed perpetrators to overlook criminal child labor and a lack of motivation to conduct investigations (Bureau of International Labor Affairs 2020b). Despite the lack of experience, trade knowledge, and maturity, employers continue to utilize child labor as children are less expensive, highly motivated, efficient, and obedient as they do not form labor unions or strike, unlike adult laborers (Smith 2005). However, many employers defend their actions by arguing that the lack of economic stability prevents the country from addressing social concerns.

One of the prominent issues leading to child labor in Pakistan is the weakness of the education system. A 2004 Congressional Research Service Report (CRS) lists Pakistan's primary education system among the least effective globally (Kronstadt 2004). As of 1999, over half of Pakistan's country was illiterate, including 21.5 million children (Ahmed and Becker 1999). Due to poor education systems, many parents prefer their children to develop practical skills rather than attend low-quality schools without additional employment opportunities. In rural countries, poor-quality schools do not necessarily provide students with better opportunities for developing jobs and personal growth, making it natural for children to join the labor market instead. For those children who do attend school, most decide to drop out before completing primary school. According to a 2020 Human Development report from the UN Development Reports, Pakistan has an average of 5.2 years of schooling compared to the United States, which averages 13.4 years of schooling (Conceição 2020).

The UN and ILO began targeting large Pakistan-based industries profiting from child labor. In 1997, the ILO began targeting the soccer ball industry for using bonded child laborers in Sialkot, Pakistan. In the early 1990s, Pakistan produced 75 percent of the global supply of soccer balls and 71 percent of imports to the United States (International Labor Rights Fund 1999). Child laborers aged 5 to 14 stitched soccer balls for 11 hours daily, making only $0.50 to $0.55 per ball, with an average of two to three balls per day. Other children were forced into bonded labor to pay off their parent’s debts. As a result, children remained out of school. Along with their families, they continued to be bound by labor obligations, possibly continuing an intergenerational cycle of poverty and debt bondage.

In the late 1990s, negative publicity in the United States regarding Pakistani child labor and the stitching of soccer balls provoked a change in soccer ball retailers and influenced concerned activists to ensure that manufactured soccer balls did not contain child labor (International Labor Rights Fund 1999). Many soccer ball manufacturers agreed to comply with monitoring programs sponsored by the ILO to combat adverse exposures. One program was the Partners’ Agreement to Eliminate Child Labor in the Soccer Ball Industry in Pakistan, also called the Atlanta Agreement. Formed on February 14, 1997, the agreement established a partnership between the ILO, the Sialkot Chamber of Commerce and Industry, and UNICEF. The project aimed to eliminate child labor in the soccer ball industry and other industries through industry monitoring of child labor and establishing social protection initiatives for impacted children and families (Ahmed & Becker 1999). By targeting multiple industries, the partners hoped that the project's establishment would influence other work sectors in Sialkot, the Pakistani Government, and other vital Pakistani institutions to analyze their potential to contribute to eradicating child labor (Independent Monitoring Association for Child Labour 1997). However, a notable concern was ensuring the elimination of child labor in Pakistan does not generate new dangers for child laborers and their families.

In the Atlanta Agreement, the ILO was responsible for determining programs and implementing agents, enlisting the participation of the Pakistani government, and providing financial and technical support. Additionally, the agreement created an awareness-raising initiative to target Siaklot communities that provide child workers and educate community and religious leaders, parents, and children about the importance of education and the detrimental consequences of permitting children to work (Independent Monitoring Association for Child Labour 1997). Children in rural, poverty-stricken areas engaged in unprotected employment, and any improvements required a holistic legal framework and viable actions and awareness (Khan 2019). Manufacturing companies volunteered to take part in the agreement and agreed to stop child labor and allow international organizations to monitor their actions. Following the conclusion of the agreement, the ILO explained that international advocacy towards pressure groups is an essential factor in interventions (Ahmed & Becker 1999). International pressure from the United States caused interest and change in societal norms regarding child labor in Pakistan. Due to allegations of inadequate work rights protection involving nationwide child labor, the United States partially suspended Pakistan from the Generalized System of Preferences in 1996 (Bureau of International Labor Affairs 2003). The suspension adversely impacted Pakistan’s trade privileges, removing $40 million in GSP benefits from Pakistani surgical instruments, sporting goods, and handmade rugs (U.S. Department of State 1997).  Changing societal norms puts pressure on manufacturers and governments to incite change for the benefit of the people. It also led international organizations like the ILO to begin taking action to solve global problems and improve the lives of some of the world’s most vulnerable populations.

According to an article published in 2000 by The Economist, three years after implementing the Atlanta Agreement, Sialkot's soccer industry is primarily history, and 66 manufacturers accounting for 90% of the district's exports consented to inspection by the ILO (The Economist Historical Archive 2000). However, despite the best efforts of the Atlanta Agreement, the effects have also been adverse. To ensure a lack of child labor in soccer ball manufacturing, employers needed to move stitching into centers made of sheds along village roads that the 14 ILO monitors could visit. As a result, overall costs increased, leading customers to buy from competitors, like China, which produces machine-stitched soccer balls. Between 1996 and 1998, as the program's establishment occurred, Pakistan's share of the American soccer-ball market dropped from 65% to 45% (The Economist Historical Archive 2000). While adverse outcomes have occurred due to the Atlanta Agreement, the ILO has proven effective in eliminating child labor by inciting change through international pressure.

Case Study: Bangladesh

Currently, children in Bangladesh partake in some of the worst forms of child labor, including producing dried fish, bricks, garments, and leather goods (Bureau of International Labor Affairs 2020a). Many of these children work in manual labor industries where they must work without protective gear to shield them from toxic materials and insecticides. Additionally, long workloads force many children to remain at their factories, often surrounded by water pollution, to eat, bathe, and sleep. Bangladeshi children are subject to domestic servitude and bonded labor involving limited mobility, wage holdings, threats, and abuse (Bureau of Democracy, Human Rights and Labor 2017). The government does not provide oversight in the agriculture and other informal sectors, leading to the employment of large numbers of children. Nearly all labor sectors utilized child labor except for ready-made garments aimed at exports. However, the lack of government presence regarding the elimination of child labor has allowed it to flourish in most industries.

One of the prominent issues leading to child labor in Bangladesh is the utilization of refugee camps. BBC News reported in 2020 that several thousand Rohingya Muslims fled across the border into Bangladesh after a crackdown by Myanmar’s army in August 2017 (BBC News 2020). Dubbed one of Myanmar’s largest ethnic minorities, the Rohingya people were attempting to escape alleged communal violence and abuses by Myanmar’s security forces. During his visit to Cox’s Bazar, Bangladesh on July 2, 2018, UN Secretary-General António Guterres stated, “I have no doubt that the Rohingya people have always been one of, if not the, most discriminated people in the world, without any recognition of the most basic rights starting by the recognition of the right of citizenship by their own country” (UN Secretary General 2018). However, 350,000 Rohingya children live in refugee camps exposed to forced labor and commercial sexual exploitation in Bangladesh, India, and Nepal (Bureau of International Labor Affairs 2020a). Though promised monthly wages equivalent to USD 18 to USD 24, children are paid significantly less, if at all, despite working excessive hours (IOM 2018). Additionally, they are forbidden from communicating with their families and are further sold into bonded labor.

To combat child labor, the UN and ILO began targeting some of Bangladesh's largest industries profiting from child labor. In the mid-1990s, the ILO and UNICEF focused on the garment industry. In 1992, Bangladesh was one of the world’s major garment exports and employed over a million workers (Bellamy 1997). However, between 50,000 and 75,000 of these workers were children under 14, primarily young girls. In 1992, the textile and garment industry accounted for roughly 75 percent of Bangladesh’s total exports (World Integrated Trade Solution n.d.). Bangladesh's total exports reached USD 1.942 billion in 1992, with roughly USD 1.46 billion USD resulting from textiles and clothing.

While Bangladesh's national law indicated illegal child employment, the issue did not gain attention until the United States uncovered child labor practices. In 1992, the United States was Bangladesh's largest trading partner, accounting for roughly 34 percent of all trade in Bangladesh (World Integrated Trade Solution n.d.). However, as the uncovering of the use of child labor continued, the pressure from Americans to buy products made ethically threatened Bangladesh's economy. On October 1, 1992, the House Ways and Means Committee, sponsored by Representative Donald J. Pease, introduced the Child Labor Deterrence Act of 1992. This act urged the President to form an agreement with the United States’ global trade partners to create a ban on trade in child labor-made products (Pease 1992). It also called for the prohibition of imported products produced through child labor by creating civil and criminal penalties.

An article posted on December 24, 1992, by The New York Times highlights Americans' pressure to avoid child labor. After the NBC News program “Dateline” accused Wal-Mart Stores Inc. of purchasing clothing from Asian suppliers using illegal child labor, many Americans became more aware of the lack of ethical business practices in the products they were purchasing (Hayes 1992). The program, watched by 14 million Americans, showed eleven-year-old children stitching Wal-Mart labels onto garments in a Bangladesh factory, which experienced a fire two years prior that killed 25 workers, including several children. Wal-Mart remained under fire for purchasing unethically made products from China as well. Hongda Harry Wu, a research fellow at the Hoover Institution at Stanford University, stated, “My view is they are aware of the problems, but they just don’t care... they shouldn’t purchase blood products. This is against the basic principles of the United States” (Hayes 1992). While Wal-Mart did not face any negative economic impacts, primarily due to the scandal occurring during the holiday season, it raised awareness for child labor and the issues large American companies were facing in maintaining standards and monitoring the production of the products they purchase.

With new global pressure to eliminate the use of child labor, the garment industry in Bangladesh swiftly laid off between 40,000 to 50,000 children in 1992 (International Program on the Elimination of Child Labor 2004). As a result, many children took up other work, often more hazardous and less protected. However, continuous international pressure compelled the ILO and UNICEF to step in. On July 4, 1995, the Bangladesh Garment Manufacturers and Exporters Association (BGMEA), the International Labor Organization (ILO), and the United Nations Children’s Fund (UNICEF) signed a Memorandum of Understanding (MOU). It stated that all children should be removed from factories and enrolled in schools; however, they should not be removed from work until an appropriate school program is available. It also prevented factories from hiring new or returning child laborers once placed in appropriate school programs. This Memorandum marked the first time an industry closely worked with international organizations to eliminate child labor by creating and providing appropriate alternatives. Following the MOU, the first school was established in January 1996 by UNICEF, with 2,200 children enrolled in schools by August. The BGMEA created a verification and monitoring system in July 1998 to construct a monitoring and validation system according to the agreements specified in the MOU. Despite the MOU's positive progress in Bangladesh, as of 2004, the child labor monitoring system was only sustainable with support from the ILO and had an uncertain future.

Policy Implications

Based on the research findings demonstrated in this paper, international pressure is the most effective method of inciting change in child labor. As opposed to the conventional wisdom that Americans believe the United Nations is not doing a good job solving global problems, my research demonstrates that the International Labor Organization can respond to the threat of increasing child labor by raising awareness of the industries profiting off child labor. By increasing global awareness, the public becomes more aware of the type of labor used to produce the projects they import from overseas. As seen in the Pakistan case study, Americans desire products that are made ethically and refrain from importing goods with negative press. The pressure to eliminate child labor due to economic threats influenced manufacturers to comply with monitoring programs sponsored by the ILO. Likewise, the Bangladesh case study demonstrates the pressure child labor awareness places on big American companies allowing the industry to flourish by purchasing unethically sourced products. The threat to economic stability for the United States, Bangladesh’s largest export, forced the country to create programs to move students from factories to schools.

The ILO needs to raise more awareness around goods profiting from child labor so that countries profiting off it will receive negative backlash from the countries purchasing. As mentioned in the international positivism theoretical paradigm, international organizations must focus on creating plans that incentivize states to change based on state desire rather than emphasizing plans based on equity, justice, and fairness. Both case studies exemplify how international pressure influences global industries to comply with UN organizations to eliminate child labor in the workforce. It further demonstrates how removing children from child labor and placing them in education programs provide better human rights for children and can stimulate better economic growth in the future as more children become educated. With schools closing due to the coronavirus pandemic, the UN must help children return to school to prevent them from entering or re-entering child labor. Based on these findings, global disdain over product manufacturing and the threat to economic growth is a suitable catalyst for change.

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