Security of Garments Workers

Bangladesh, a member state of ILO, framed the labour laws and policies to protect the interests of the workers and to develop economic growth and industrialization. The newly enacted Bangladesh Labor Code 2006 has brought major overhauling changes in the field of labour legislation. These laws provide stringent policy of safety and proper security measures to the workers. But the reality shows that these laws were not adequately implemented to protect the democratic and human rights of the laborers. Again due to the lack of the implementation of the existing laws and rules, accidents in garments factories and possibilities of disaster continue to occur. The employers are in the trend of evading workplace safety laws and maximizing gains while the toiling workers continue to be deprived of their basic human rights.


The one of the recent examples of infringing the rule is the collapse of Spectrum Sweater Garments. The owner of this garments constructed the nine stored building violating not only the Building Construction Act 1952 but also the Savar Cantonment Act 1924. The rescuers found 64 dead bodies and nearly 85 were injured.

Section 19 of the code points out that if a worker who has completed more than three years of continuous service in an establishments, dies, his nominated person or his dependant in the absence of any nominated person shall be paid by the employer compensation at the rate of 30days’ wage for every completed year or service or for any part thereof in excess of 6months, or gratuity, if any whichever is higher and this amount shall be in addition to benefits which the deceased worker would have had if he had retired from his job.

After such kinds of accidents the heirs of the deceased workers are not properly compensated generally. The Fatal Accident Act, 1885 provides for compensation to families for death of family members caused by lack of safety in the workplace. The Workmen’s Compensation Act, 1923(repealed) states briefly how and to what level workers can apply for benefits. On the other hand, the new code determines in Schedule V that the compensation must be payable in case of death (whatever may be the amount of wages of the worker) 100000taka and in case of permanent or total disablement 125000taka. From the newspaper we get a brief picture: In 1991,144 workers died and 620 were injured in accidents at workplaces. In 2001, 196 workers died and 508 were injured. In 2002, 168 workers died and 389 were injured. Though a worker is entitled to be paid the compensation, in most of the cases the garments owners flatly refused to compensate. The law relating to the compensation to the workers need to be properly implemented for securing payment of adequate monetary compensation and arranging the rehabilitation in favor of the victims. And in the event of delay in paying out compensation by the employer, an interest rate on the amount of compensation due for payment under the existing bank rate should accrue and the law should incorporate such provision.

Moreover fire accident and ignition are taking place because of the illegal establishment and management of the factories. The workers have no security of life and they are engulfed in danger in every second. The tragic fire incident in KTS garments in Chittagong took the lives of 85 garments workers. Like other cases the owner authority was failed to discharge their responsibility to protect the labour safety breaching the section 62 of the Bangladesh Labor Code 2006. When the fire started engulfing the building, the workers failed to get out as the two main collapsible gates remained locked.


The accidents in the garments factories have been taking thousands of lives every year, but it is really unfortunate that the owner authority always remain inactive to provide worker’s welfare and security which they demand. They should be penalized under section 299 of Bangladesh Penal Code guilty of committing culpable homicide.

We cannot avoid bearing in mind that the workers of garments factories have an important contribution to our economy. We should formulate a legal environment to secure the welfare and safety for the garments workers also in compliance with Article 15 of the People’s Republic of Bangladesh. And to make it possible the following recommendations should be adopted for prevention of any such occurrence:

· To establish a National committee to monitor compliance by garments factories with the applicable laws on fire safety.
· To secure payment of adequate compensation to the workers who have been injured in the said fire and to the dependents of deceased workers.
· To ensure appropriate measures in particular safety precautions and to enforce legal provisions for the rehabilitation of victims.
· To implement the statutory laws prosecuting the owner authority and other government officials such as the Chief Inspector, the Architect who are failed to comply with their duties regarding building collapse.
· To identify and to supervise the status of the security of the garments by RAJUK and BGMEA in every year.
· To conduct some public inquires by the NGOs or the Civil Society for workers about occupational risks and hazards.

Child Labour:Time to ponder

In our country, most of the poor children have to work for their and their families survival. But this child labour is considered as illegal and inhumane in the eye of law as the children have the right to lead a betterprotected life.
The international Labour Organisation (ILO) is one of the agencies affiliated to the United Nations was established in 1919. From the beginning ILO has been working for combating child labour with priority focus on its worst forms. International World Day Against Child Labour has been observed in Bangladesh and ILO took remarkable efforts in addressing the challenges of child labour by attaching due importance.

The ILO estimates that, around the world some 250 million children between the ages of 5 and 14 works for a living. Almost half, some 120 million, work full times everyday, all year round. As many as 70 percent toil in dangerous environments of the 250 million children concerned, some 50-60 million are between five and eleven years old and work in hazardous conditions vis-a-vis their age and vulnerability.

The elimination of child labour is a longstanding major objective of the ILO.:

In 1919, the ILO adopted its comprehensive minimum age Convention (No. 138) that requires states to design and apply national politics to ensure the effective abolition of all forms of child labour and to set the minimum ages for employment. In 1992, the ILO launched the International Programme on Elimination of Child Labour (IPEC) to continue the struggle against child labour through practical projects in the field. In 1998, All ILO Member states pledged to uphold and promote the principles as freedom of association, abolition of forced labour and elimination of child labour. In 1999, ILO adopted the Worst Form of Child Labour Convention (No. 182) to eradicate those forms of child labour that are hazardous and damaging to children's physical, mental or moral well being. In 2002, the ILO establishe 12 June as World Day Against Child Labour. And finally in 2004, the first global economic study on the costs and benefits of eliminating child labour say the benefits will be an estimated US$ 5.1 trillion.

What are the worst forms of Child Labour?:

The worst forms of child labour comprise: - All forms of slavery or practices similar of slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict. - The use, procurement or offering of a child for prostitution, production of pornography or pornographic performances.- The use procurement or offering of a child for illicit activities, in particular for the production and trafficking of drugs.- Work, which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Which types of work are harmful?Each country, after consulting with employers and workers organizations and other interested parties, must decide which type of work are harmful and need to be targeted as a matter of urgency.

This means paying special attentions to:- Work, which exposes children to physical, psychological or sexual abuse.- Work underground, underwater, at dangerous heights or in confined space.- Work with dangerous machinery, equipment and tools, or which involves the manual handling or transports of heavy loads.- Work in an unhealthy environment, which may, for example, expose children to hazardous substances, agents or processes, or vibrations damaging to their health.- Work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer.

Recommendations:

In ILO practice, Recommendations provide guidelines for the eradication of the worst forms of child labour. The ILO convention proposes:- Specific ways in which the general provision of the Convention can be translated into national law and practice.- Action programmes that should take into consideration the views of the children directly concerned, of their families and of NGO's committed to the elimination of child labour. Society as a whole should be mobilised through public information campaigns.- The certain worst forms of child labour should be made criminal offences punishable under national laws.- A comprehensive list of measures, which can help all concerned to abolish the worst, forms of child labour, for instance, training, policy development and monitoring.

What are the roles of employers' and workers' organisation?:

One of the advantages of the ILO's tripartite structure is that it reaches beyond governments to key actors in the economic process. Government should consult them in order to: - Determine and identify the types of work considered to be harmful to a child's health, safety and morals.- Update these lists of harmful work.- Establish monitoring mechanisms.- Design and carry out action programmes.

Child labour situation in Bangladesh:

The key findings of the National Child Labour Survey (NCLS) 2003 conducted by Bangladesh Bureau of Statistics (BBS) are described below:- The total population of 5-17 years is found to be 42.4 million, which is 32 percent of the total population of Bangladesh. Of this 54 percent are boys and 46 percent are girls. The proportion is the same in both urban and rural areas.- Around 75 percent of the children are attending school full time. Part time attendance is as low as 3 percent for both sexes. By gender, 25 percent of boys do not attend school, compared to 17 percent of girls.- The number of economically active children (working children) aged 5-17 years is found to be 7.4 million. The majority of them are boys (74%) and most of them (59%) are engaged in agriculture. The majority (59%) of working children are from the age group of 10-14 years.- Contribution to family income has been identified as the most important reason for children to work, which is true for both rural and urban areas. 69 percent of children fall in this category.- Of the 7.42 million working children, 3.18 million comprising of 77 percent boys and 23% girls are categorised as child labourers.- Only about 33 percent of the working children are found to be in school.- 1.3 million children are estimated to be working long hours, as high as 43 hours or more per week, which is hazardous work.

Bangladesh started implementation of the ILO's International Programme on the Elimination of Child Labour (IPEC) in 1995. Again the government ratified ILO convention, 1995 (No 182) on Worst Form of Child Labour in 2001, which calls for immediate and priority action against the worst forms of child labour. The ongoing projects of ILO cover more than 60,000 children in hazardous condition in Bangladesh.

Finally, individuals, communities and religious bodies can create awareness and be advocates. They can:-

Distribute and discuss the brochure.-

Form coalitions to promote the Conventions.-

Make their voices be heard through the media.-

Lobby parliamentarians.- Support a family.