Dhaka Tribune Editorial

An effective strategy to end violence against women needs not just better law enforcement. It requires a change in both archaic attitudes and laws

– See more at: http://www.dhakatribune.com/editorial/2013/nov/28/tackle-root-causes-violence-against-women#sthash.QMnB1BIS.dpuf

From Left to Right : UN Special Mandate Holders | Milena Pires, Heisoo Shin, Kamala Chandrakirana. Khushi Kabir – Nijera Kori, Convened the session

The national consultation with the special United Nations Mandate Holders on “Framing Development Justice” for women in the Readymade Garments (RMG) sector of Bangladesh was held at the BRAC Centre Inn Auditorium on October 30^th, 2013. The consultation was organised by the Asia Pacific Forum on Women, Law and Development (APWLD), Ain o Salish Kendra (ASK) and Nijera Kori. The consultation brought together various stakeholders of the sector, including workers, union leaders, activists and authorities, to hear the experiences of women suffering from occupational hazards in the RMG industry and identify the challenges that need attention and action. It enabled the voices from the ground to reach the UN special mandate holders. They advised to the activists to submit official communication to the relevant special procedures addressing the realities.

Khushi Kabir, Coordinator of Nijera Kori moderated the discussions.

Who Were the Mandate Holders?

Heisoo Shin | ”What are the new policies for checking old buildings? These recent tragedies mean the government needs to upgrade policies”

Heisoo Shin is an Expert Member of the Committee on the Economic, Social and Cultural Rights, which is constituted with  18 independent experts to monitor the implementation of the International Covenant of Economic, Social and Cultural Rights by States parties.

Kamala Chandrakirana is a Member of working group on the Discrimination against women in law and in practice.

Milena Pires is an Expert Member of the Committee on the Elimination of Discrimination against Women (CEDAW). The Committee monitors the implementation of the convention on the Elimination of the All Forms of Violence Against Women.

Living Wage for the Workers

Kate Lappin- Regional Coordinator of APWLD in her presentation explained that, the living wage,calculated based on a combination of food and non-food costs, is the minimum income required to meet the basic costs of living for a family of two adults and two children, without requiring overtime work. She showed that the calculated living wage for Bangladesh is Tk. 13,254.

Fahmida Khatun- Director, Centre for Policy Dialogue Bangladesh mentioned that Garment workers receive the lowest minimum wage among all major industrial sectors in Bangladesh, and there is constant pressure from buyers and manufacturers to keep wages down in order to ensure their own profits. Making matters worse are the subcontracting factories that compete with manufacturers for low cost, resulting in a race to the bottom that further contributes to the injustice.

Victims and Activists shared their experiences

Several victims from Rana Plaza and Tazreen Factories had the opportunity to share their experiences.  Activists who had been working with the garment factory victims spoke about the struggles with DNA Testing process, victim and rescuer support, compensation, health care etc.

Father of three victims of Rana Plaza being held back by campaigners for the justice of Garment workers, (left) Taslima Akhter and Saydia Gulrukh. In the background, a photo taken by Taslima Akhter of a family mourning in a room of Rana Plaza Corpses.

Ale Noor-,Victim of Tazreen Garments fire. Ale Noor is one of many such survivors who continue to struggle with disabilities and economic hardship in the aftermath of the tragedy, calling to attention the necessity of continued rehabilitation support for victims.

”a specific criminal case needs to be filed against the owner, we need to set a precedent that factory-owners cannot go unpunished. That, they are not above the law.”

The Barrister who feels strongly about non enforcement of existing laws in the garments industry context, Jyotirmoy Barua, spoke about the writ petition he filed against the Owner of Tazreen Fashions for criminal negligence. The writ was filed by three  anthropologists,  Naznin Akter Banu, Saydia Gulrukh Kamal and Mahmudul Hasan Sumon, seeking directives for the arrest of Tazreen’s owner Md Delwar Hossain to ensure his trial for criminal liabilities.

Barrister Jyotirmoy shared that, though a majority of the accidents in garment factories can be traced back to the deliberate negligence of factory owners, bribing, nepotism, case file disappearances, etc. have impeded arrest and proper trial of those guilty. In the case of the Tazreen Garments fire, owner Delwar Hossain is yet to face trial even after a Probe Committee report was submitted by the government acknowledging the deliberate negligence of the owner in ensuring safety standards, which made him eligible to be tried under criminal law.

He also informed that, in the most recent hearing for the writ petition, the High Court has ordered the government pay for the treatment of Sumaiya Khatun, a Tazreen factory worker who has developed cancer since her ordeal trapped inhaling fumes in the Tazreen fire. The government has yet to respond whilst her condition has been deteriorating rapidly while undergoing chemotherapy, she has lost her sight and hearing.

He concluded saying that until support from state and the legal system can be established, activists and human rights lawyers will continue to struggle to find justice, and crimes committed against garments workers will continue to go unpunished.

“Events like Tazreen and Rana Plaza are reported as an ‘unfortunate event that happened.’ But when a similar event happens over and over, it’s not an accident. It’s structural killing.”

Saydia Gulrukh, one of the  panelists at the consultation, said that instead of euphemising these incidents as “tragedies”, we should recognize them as acts of deliberate negligence and bring the relevant authorities to justice. Rescue and rehabilitation processes need to take into account the realities of the situation and limitations. Given the state of forensic science in Bangladesh, reliance on DNA tests is not an adequate or efficient way to determine compensation. Nor are one-time compensations sufficient to cover the cost of medical expenses of survivors with long-term health consequences.

She also emphasised the importance of the Bangladesh government ratifying the ILO Convention C121 (click to view), concerning ”Benefits in the Case of Employment Injury” (Entry into force: 28 Jul 1967). She has been witnessing the problems which the victims and their families have had to face since the Tazreen Factory Fire, through to SMART fashions, Rana Plaza and the recent Aswad Composite Garments factory accidents. 

”Why are our Bangladesh workers viewed as the cheapest therefore disposable labour?”

Taslima Akhter, a photojournalist and an active campaigner for workers rights from the Bangladesh Garment workers Solidarity, highlighted how the workers were not to blame if there was a dent in the garment industry of Bangladesh, it is the owners, building inspectors, BGMEA and the government who are to blame for not taking the necessary measures to meet their needs and empower them with the rights they are entitled to. She spoke of the garment workers in Bangladesh being perceived as the ”cheapest” therefore disposable, hence the lack of value for their rights.

She also pointed out that we also need to be wary of the fact that trade unions are not the panacea to ensuring workers’ rights as union leaders are often controlled and bought off by factory owners, making it increasingly more difficult for workers to protest against violations without putting their jobs at risk.

Commenting on the testimonials of the garment workers, Khushi Kabir pointed out that the responsibility to act and address the highlighted concerns lies at all levels- with international bodies, governments, trade unions, owners, and citizens. Scarce employment opportunities have driven many women to work in this sector, but there is need to strengthen their bargaining power through trade unions. Workers should be granted the rights they deserve, but this does not need to come at the expense of threatening the industry.

BGMEA Representative listened as the Union Representative spoke of the shameful figure submitted by the BGMEA for Minimum wage of garment workers

Government representative from the Ministry of Labour, Aminul Islam admitted there were many errors made in dealing with a disaster of this scale

Kamala Chandrakirana, ”Complaints should be launched to the Working Group by international bodies and grassroots organizations providing further information on these incidents so it can write to the government with recommendations on how to increase the effectiveness of its remedial efforts and prevent similar disasters from arising in the future.”

Recommendations from the Consultation

1. Government should follow international human rights standards since it is party to several international treaties protecting the rights of workers
2. Complaints should be launched to the Working Group by international bodies and grassroots organizations providing further information on these incidents so it can write to the government with recommendations on how to increase the effectiveness of its remedial efforts and prevent similar disasters from arising in the future.
3. Investment is needed from manufacturers, buyers and development partners to improve skill and efficiency of workers and to modernize factories with improved technology and working conditions, all of which will contribute towards increasing productivity.
4. These investments need to be carefully monitored to ensure accountability and transparency. In addition, subcontracting firms should be integrated into the supply chain in order to remedy the compliance and capacity issues of these factories.
5. The wage should be calculated on the basis of the take-home pay earned during normal working hours, without counting overtime that diminishes the workers’ health and well-being.
6. Existence of trade unions is vital.  Trade unions are a must if we want to guarantee the rights and security of workers and give them bargaining power. Fighting for workers’ rights for decent wage and working conditions would allow employers the chance to benefit from the increased buying power of workers, which in turn will increase the buying power of the entire economy
   

   Milena Pires , ”The Committee on CEDAW evaluates compliance of states with the CEDAW Convention. Though Bangladesh has ratified both the Convention and the Optional Protocol of CEDAW, it made reservations on two articles of the Protocol that repeals the right of the Committee to initiate inquiries on grave and systemic violations of women’s rights within the jurisdiction of the country. Had the authority been granted, the discrimination against women garment workers in Bangladesh, especially in light of the recent Rana Plaza collapse, would have provided sufficient grounds for the Committee to initiate an investigation”

7. The discrimination experienced by young women employed in this sector needs to be incorporated into the compensation system
8. Short-term priorities should include- a) publication of the probe committee report and DNA report in order to regain public trust and identify the accountable parties for the systemic violations, b) addressing the stigmatization of the men and women fighting for the rights of the victims as foreign agents, and c) necessity of discussing the UN Guiding Principles on Business and Human Rights with BGMEA representatives.
9. The civil society and the legal sector need to work together to create pressure on the authorities and the government to ensure workers’ rights. Responses should focus on improving working conditions rather than shifting the industry that plays such a vital role in the economic growth of Bangladesh.

Sultana Kamal- Executive Director, Ain O Sailish Kendra (ASK), in her concluding remarks , said that, “a mutual sense of responsibility and accountability need to exist between workers and manufacturers to contribute positively towards the development of the RMG sector. The concerned authorities need to be wary and respectful of their duties as these recurring factory accidents are not isolated incidents, but direct results of continuous negligence and irresponsibility on their parts. The state needs to create pressure on the factory owners, who enjoy government facilities and access to public funds, to offer a living wage to their workers and thereby guarantee the right to healthy living to its constituents. Similarly, garment owners also need to be held responsible and accountable to citizens for the injustice and violations of workers’ rights. Unless everyone plays their part in putting an end to this injustice, lives will continue to be lost, and the prospects of the whole sector would be compromised.”

Invitation in Bengali for National Consultation

Brac Centre Inn Auditorium, Moakhali, Dhaka | 10:00 am | 30 October 2013

Women in Readymade Garment (RMG) sector of Bangladesh

2013 Asia Pacific National Consultation with Special Procedures Mandate Holders n the Women in Readymade Garment (RMG) sector

As part of APWLD’s commitment for strengthening the knowledge and capacity of women’s rights advocates to engage with and understand international processes, standards and norms, it has included an Interactive Session on International Human Rights Mechanisms. This will be done through the activity “UN Tour” that has recently updated and now used in key activities of APWLD.

CONTEXT: GLOBAL INEQUALITIES

The global model of development is not working for women, especially for rural, indigenous and migrant women of the Asia Pacific.

As recognised in the Rio+20 document, ‘The Future We Want’, the world is experiencing unprecedented, multiple, interrelated crises in economy, energy, food, environment, and climate. Women experience these crises most acutely. The world is now more unequal than ever before. The top 1% owns more than 40% of global assets and wealth whiles the bottom 50% of the world share barely 1%i. Unregulated growth models have proven to be environmentally disastrous – promoting unsustainable resource extraction, large scale land grabbing and agro-business and fuelling global warming. The model has particularly failed rural, indigenous and migrant women who bear the brunt of unsustainable economic growth and environmental disasters despite the fact that they are least responsible.

The development framework that has dominated approaches for the past 30 years, led by the international financial institutions and Northern donors, has stimulated economic growth by de-regulating government intervention, privatising public assets and encouraging foreign direct investment and free trade. It has assumed the ‘trickle down’ impact of wealth generated, yet it is increasingly evident that this work has failed to eradicate poverty and has instead magnified inequalities in wealth, power and resources between countries, between the rich and the poor and between men and women.

Women in Asia have shouldered the burden of economic growth providing cheap, flexible labour to fuel demands for cheap consumption. While women’s labour force participation in some countries has grown, the majority of women in the region works in the informal sector and earns starvation wages.

National Consultation on the Women in Readymade Garment (RMG) sector of Bangladesh

It is a reality today that the garment industry in Bangladesh is at the heart of the country’s export boom and has remained so ever since the first factory opened in 1976. The industry has grown dramatically over the past 35 years, and today accounts for 80% of Bangladesh’s total exports. There are now 4,825 garment factories in Bangladesh employing over three million people. This sector at present attracts the largest Foreign Direct Investment (FDI) of more than $1,000 million (CHECK THE LATEST FIGURE) compared to $2.4 million in 1986. Today, one third of foreign direct investment comes from European companies, principally from the UK.

Women as main work force:

Women are the main workforce of this sector. Almost 90 percent of this workforce is women. Facing hardship and poverty, these women who are often illiterate or having less than primary level education come to urban areas in search of work in garment factories for better living conditions. At this stage it is pertinent to ask the question whether their condition is improving to be workers of the billion dollar industry.

Condition of Women Garment Workers:      

The condition of Woman Garment workers can be looked in different sectors. These are:

a.                 Professional sectors

b.                Income and economic sectors

c.                 Social-political sectors

d.                Occupational Hazards and Safety

1.             Condition of Women in Professional Sector:

It is to be noted that in most cases the employers engage garment workers, mainly women, in the factory without any formal agreement or job contract. Thus they can be easily hired and fired and no compensation is offered when they are laid off in the interest of factory owners. As for example, many factory owners because of their failure to meet the deadline of shipment or on becoming loan defaulters close their factories leaving the garment workers in utmost uncertainties of which the women are the main sufferers. However, Bangladesh has recently amended the Labour Law in 2013, which protects the fundamental rights of women workers, including the right to maternity leave.  At the international level,Bangladesh has ratified the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as ILO Convention 111 on Discrimination in Employment and Occupation. The reality is that, despite such legislation, women workers’ rights remain ignored in the Garment sector. Women workers are employed in poorly paid jobs facing severe labour rights violations and do not get their legal entitlements. They are also forced to work at night often exceeding 10 working hours which is a violation of the labor standard.

2.                Condition of Women in Income and Economic sectors:

As has been said earlier, women are poorly paid in this sector. As a result of sustained campaigning by women workers, women rights and human rights activists and other trade unionists in Bangladesh, the minimum wage for garment workers was raised in 2010 for the first time in four years. Receipt of wages in the garment industry depends on meeting an assigned production target. If production targets are met, a sewing operator’s salary now starts at 3,861 taka (approximately £32) a month and a helper’s wage at 3,000 taka (£25) a month. This amount is inadequate in meeting the minimum living standards in the urban areas. Besides the above,  they get no other benefits or festival allowances.

3.                Condition of Women Garment Workers in Social-political sectors

Women garment workers are also disadvantaged socially and politically. As for example, they face problem in the areas of accommodation, transport, and access to health treatment. Most of them are living in the urban slums and they have no access to government social protection measures like VGD and VGF cards in rural areas. They also have no right to form labor/trade union and therefore politically they have no power and voice to bargain with the factory owners. Existing situation also deter them from getting involved in any right based activities for their well being.

4.                Women’s Occupational Hazards and Safety

Fire at Tazreen Garment Factory has caused  death to 112 garment workers and the collapse of Rana Plaza to over 1000. These reveal the bizarre working conditions in Garment factories of Bangladesh. Apparently, their safety is nobody’s concern. Neither the apparel retailers nor the factory owners take proper measures to ensure that such untoward incidences do not occur at their factories.

But in spite of all these loopholes in this sector, and that cheap labor is the main driver of the sector’s growth, it is also fair to say that this growth has provided economic opportunities to millions of women who would have very few other options to escape extreme poverty. The garment sector, despite an extremely-low paying industry, has positively transformed the lives of many women in Bangladesh by providing economic empowerment. It is most important at this moment to ensure a safe working environment for the women workers where they can exercise their rights fully and satisfactorily.

On 1st June 2013, Chief of the Madrassah based Hefajat-e-Islam,  Shah Ahmed Shafi, warned that the UN should keep in mind the country’s ‘‘internal culture, religious rites, national feelings and mentality’’, that the country was ninety per cent muslim and that ”Muslim’s prioritise their religious conventions and directives”. He commented Rashida Manjoo’s comments as a ”vicious move” to ruin the peaceful state of the country. This compelled me to write my observations after seeing this very remarkable lady speak on the first day of her visit.

On the 21st of May, Bangladesh and Legal Aid Services Trust (BLAST) organised an inspiring lecture at the University of Dhaka. The circumstances were not ordinary, the Bangladesh government only recently allowed the Special Rapporteur for Violence against women to enter the country. She is the first Independent expert, reporting for the UN to enter.  Rashida Manjoo and her team embarked on an intensive ten day research and reporting mission, meeting various rights groups and organisations at state and district levels.

The mandate of the Rapporteur on violence against women focuses on collecting information from various civil, cultural, economic, political and social spheres and then recommending measures to eliminate the causes and consequences of violence against women.

Responsibilities of the Rapporteur ”Seek and receive information on violence against women, its causes and consequences from Governments, treaty bodies, specialized agencies, other special rapporteurs responsible for various human rights questions and intergovernmental and non-governmental organizations, including women’s organizations, and to respond effectively to such information;”.

Dr Kamal Hossain, a former UN Special Rapporteur on Afghanistan welcomed Rashida with a few interesting points which set the scene for the situation in Bangladesh, he mentioned the Islamic revivalism which negated women’s rights, where there was a perverse interpretation of Islam which is attempting to drive an imaginary wedge between religious and nationalist aspirations. He concluded his introduction saying the 21st century was the time for gender equality.

The ‘F’ Word has become a Dirty Word

­­­­Rashida Manjoo has been working within this mandate for nineteen years, she spoke about how Feminism has become a dirty word as if it were an isolated issue. She explained how the government had the responsibility to act with due diligence to ”prevent, investigate,  and in accordance with national legislation, punish acts of violence committed against women”. She highlighted that the killing of women is an ultimate act of violence, when impunity is the norm, this normalises death. Due to the government not addressing this issue, holding perpetrators accountable, male violence against women becomes acceptable and inevitable, therefore more women are being killed.

Rashida Manjoo drew on various examples from the countries she had reported on, from femicide to infanticide in India, honor killings in the Middle East, custodial violence, violence against women in psychiatric units, forced sterilisation on disabled women, early marriages. She emphasised the importance of asking questions, what are we doing about it as a community? Which areas are failure of the state? Her impressive experience is reflected in her detailed and well defined approach. She had served as a Parliamentary commissioner of the Commission on Gender Equality in South Africa and prior to that she designed content and trained judges and lawyers in the University of Cape town where she is currently teaching part time as a Professor in the Department of Public Law.

Interestingly, she stated how the government does not collect or record the data around violations therefore they cannot monitor or act accordingly. In Bangladesh, it is the Non Governmental Organisations which record the incidents and cases, so on her nine day visit, her team travelled around the country meeting with various organisations to collect and research manifestations of violence against women, these were divided into four areas:

• In the Family – Both Domestic Violence and cultural practices that are violent to subordinate women
• In the community – Including rape/sexual assault, sexual harassment
• Violence perpetrated or condoned by the state – Institutional violence
• Violence in the transnational sphere – Violence against immigrant women, asylum seekers and refugees.

”Women make up 50% of the population, if 50% of our population faces violation – How can we talk about Peace?”

Rashida advised the government to focus on the layers of abuse, a ”one size fits all” approach would not succeed in eliminating violence against women. Two solutions Rashida mentioned were :

• By collecting the cases and data, understanding the unacceptable norms of violence becoming part of the culture. Closer look at how to address the realities on the ground, commitment of government resources, the sensitising of the police and related judicial branches, these issues came under the government’s responsibility for prevention under developed due diligence.
• Offering a holistic approach, closer examination through a ”holistic lense”, looking at which areas forms of discrimination and oppression have been allowed to flourish, the impact on society and also looking at the inter generational effect on women.

”Feminism is not rocket science”

She emphasised researching different areas, groups, industries and the issues women face in order to understand why human rights violations against women are rising. ”Mainstreaming has become the norm”, Rashida posed whether we were engaging and asking younger women about their career paths?

”The major challenge lies in how the government approaches this dichotomy in women’s issues and religion”

When talking about religion, she mentioned how religion was being used to govern women, the challenge lies in the interpretations and religious customs which vary, she said ”if you rely on text as law, there are a multitude of interpretations”. Her very practical approach was solutions based, offering a system where interpretation needed to enter a codification process, encouraging traditions which evolved around taking best practice.

When Rashida was asked about the effectiveness of the UN, her honest answer gave insight into the importance of using this tool and mechanism. She said; ” The UN is a government of governments, huge expectations lead to huge disappointments, however, it is the only system we have so we have to look at ways of improving it”. Through the legally binding framework, reporting and assessment, governments have the opportunity to use this process as a systematic, transformational tool. The recent Universal Periodic Review which Bangladesh underwent on 29th April 2013 provided a platform for member states to make recommendations, it depends on the public and civil society to hold the government to account and use these tools and measures.

Now looking back at the Hefajat chief’s accusation of Rashida’s motives, Hefajat should note that she was not attacking Islam. Hefajat clearly need to reflect on the issues half of the population face and take responsibility. It is not against the religion to prevent forms of violence. Instead of falling back to the blame game culture of batting comments from one side to the other then dragging religion in to it.

Who is to hold a mirror to Hefajat? So they can reflect and take some action as self proclaimed ”guardians of faith”, how would they address the issues their women are facing,  early marriages, physical, psychological, sexual abuse on female children and women, missed opportunities and oppression, poor health, illiteracy and murder. In the Quranic text, repeatedly there is mention of seeking knowledge and living a prescribed live of peace and equality, ”heaven lies at the mothers feet”. Through the looking glass, Hefajat need to recognise their programme needs an upgrade, their interpretations need practical implications, what does Shah Ahmed Shafi have to say to that?

• Report of the Special Rapporteur on Violence Against Women, its causes and consequences Rashida Manjoo | 23 May 2012  | Download
• Statement From Rashida Manjoo at the end of her mission in Bangladesh : 29 May 2013 | View
• Her findings from the Bangladesh Mission will be presented to the United Nations in June 2014

On 10th October 2013, representatives of Ain O Salish Kendra (ASK),Salma Zebin, Selina Akter and John Ajit Das went to Gobindagonj when notified by the police, they were also joined by the representatives of Bangladesh National Women Lawyers Association (BNWLA), Bangladesh Legal Aid and Services Trust (BLAST) and Mahila Parishads were present there with the permission of Court.

• ASK Primary Investigation Report [English]

[Click Link for Bengali Version]

• Initial Magistrates Report [Bengali]

Letter Requesting Assistance from Police [Bengali : Click to Enlarge]

Click Link for Rape Statistics in Bangladesh between January – September 2013 | ASK Documentation Unit

• 265 Cases of Dowry Related Violence
• 128 Deaths after Physical Torture
• 111 Cases Filed

VAW – Dowry Related Violence – 3Qtr 2013