The UN Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association, Maina Kiai, came to Bangladesh on 21- 22 September 2014 for an unofficial academic visit.

Ain o Salish Kendra (ASK) along with Asian Forum for Human Rights and Development (FORUM- ASIA) organised an informal interaction with Mr. Maina Kiai , the UN Special Rapporteur on Freedom of Peaceful Assembly and of Association on 22 September 2014 at Chayanaut Auditorium, Dhanmondi, Dhaka.

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The Special Rapporteur on freedom of assembly and of association has the mandate to conduct official visits to States, providing an opportunity to examine in detail the enjoyment of the rights to freedom of peaceful assembly and of association, to identify problems and make recommendations on how these could be resolved.

The purpose of the Special Rapporteur’s academic visit was to engage with human rights defenders in Bangladesh on the country’s situation on rights to freedom of peaceful assembly and of association with the   view of highlighting key issues of concern in the country. Since the establishment of the mandate in 2010, the Special Rapporteur has presented three annual reports to the UN Human Rights Council (UNHRC), focusing on best practices to promote and protect the rights to freedom of peaceful assembly and association (A/HRC/20/27); funding of associations and holding peaceful assemblies (A/HRC/23/39); and the rights of freedom of peaceful assembly and association of groups most at risk (A/HRC/26/29); and one report to the UN General Assembly, on the topic of the rights to freedom of assembly and of association in the context of elections (A/68/299).

The Special Rapporteur’s academic visit to Bangladesh is organised against the backdrop of recent allegations on violations of these rights in the country. Allegations of crackdown on protests in the run-up to its most recent general elections, recent reports of attacks on human rights defenders, and the process of bringing new legislation restricting the right to freedom of association, are some of the key concerns in Bangladesh that falls directly within the mandate of Special Rapporteur. Moreover, some of these key areas have been recently addressed by the Special Rapporteur through his previous reports and recommendations, as outlined above, thus making the academic visit highly relevant to the context of Bangladesh.

John Liu, Program Manager of  Asian Forum for Human Rights and Development ( FORUM- ASIA ) and Sultana Kamal, Executive Director of Ain o Salish Kendra (ASK) were present as the speakers of interaction along with representatives of civil society, print and electronic media, human rights activists, lawyers, students of universities etc.

Maina Kiai with Sultana Kamal and John Liu

Highlights of the discussion:

• Peaceful assembly means if the intention of organization or of the protestor is peaceful. Best practices should be peaceful assembly across the world.In case of violent protest, people who will chose violence cannot seek support from the HR mechanism or international community.
• Where people are protesting in a assembly, sometimes some people get violent. In that case, the incident doesn’t change it as not-peaceful assembly. In that context where few people are violent, the role of the state or the police is to take them out from the assembly through the road so that peaceful protestors can continue that. When ten people are creating violence that doesn’t make it violent assembly.
• The fact is people are also threatened by the massive show of force by the police or the state or the militant or the RAB (in Bangladesh). The role of the state is not to stop or dispatch the assembly, but to facilitate the assembly and ensure the safety of the protestors and also of those who are not protesting in the assembly.
• If Intention of the protestors is to do peaceful assembly, state’s role is not to stop protestors.Broadly, police has to be identifiable and chain of command has to be present. Police is not to protect anything but people.
• Has made official request to visit the Bangladesh in 2014.

The purpose of the event was to have an open dialogue with stakeholders, so that the role of the UN Special Procedures can be understood better in how they could play an important function in recording and in turn addressing serious human rights violations.

The discussion was titled  “Bangladesh’s Engagement with the UN Special Procedures” on 15 July 2014 from 10.30 am to 01.00 pm at CIRDAP Auditorium, Topkhana Road, Dhaka.

UN Special Procedures Mechanism is a key human rights mechanism which ASK and other organisations in Bangladesh have been working with various Special Procedures. Drawing from the experience, ASK believes that the Country’s engagement with such procedures can be improved through consultations and dialogues between the Ministry of Foreign Affairs (MoFA), National Human Rights Commission (NHRC), other human rights organisations and those who take time to use this mechanism.

ASK Invited the Director-General UN and Human Rights, Ministry of Foreign Affairs (MoFA), Ms. Saida Muna Tasneem and Professor Mizanur Rahman, Chairperson of the National Human Rights Commission to elaborate on their roles and views.

The reports of UN Special Rapporteurs are particularly useful in terms of highlighting the roles and responsibilities of the State. Information is collected on a particular thematic area of violations and through the lens of the principle of due diligence, state action in preventing particular violations from occurring, protecting and providing remedies to the victims  who have been subject to violence.

Sayeed Ahmed, Steering Committee Member of the Human Rights Forum Bangladesh set the scene of the Panel Discussion by presenting a few facts about an important mechanism for human rights violations advocacy in the Special Procedures  – Visits from the Independant experts, UN Special Rapporteurs.

Click on Arrows Below to Navigate through the slides.

Dina M Siddiqui, Visiting Professor, BRAC University; highlighted the  Special Rapporteurs Report on Violence Against Women in Bangladesh(Click on Highlighted Text).

The Finding’s of the Special Rapporteurs Visit to Bangladesh in May 2013 was launched in April 2014. This report contains the findings of the Special Rapporteur on violence against women, its causes and consequences, following her visit to Bangladesh from 20 to 29 May 2013. It examines the situation of violence against women in the country, taking into account its causes and consequences, and implications for the effective exercise and enjoyment of human rights by women. It also discusses the State’s responses, through the lens of the principle of due diligence, to prevent such violence, protect and provide remedies to women who have been subjected to violence, and prosecute and punish the perpetrators.

Dina Siddiqi mentioned the importance of the Rapporteurs visits in to the country because it gave an all round, accurate view of the violations which were occurring first hand from the victims and grass roots activists or in the locations. She shared her view that the UN platforms were only limited to those who had access.  She also added how the collection of cases and reporting was essential to proper monitoring of violations and how they were addressed.

Sultana Kamal, Executive Director of ASK, convened the Panel discussion. On Violence Against Women Rapporteur’s report, she spoke about why women are facing such high numbers of violations in Bangladesh despite the advancement and empowerment of women in society. Even though, women are secure about their rights now, it is the men who have been left behind in recognising the concept of women’s rights and equality.

With regards to the Rapporteur visits, she emphasised the importance of reporting as the Government were in denial of many human rights violations, they seemed to be in a ”mode of denial”. This process is needed to improve transparency and address impunity.

The Term ”Extrajudicial Killings” Does not Exist in Bangladesh

Saida Muna Tasneem conveyed how the Government were ”Knocking on the Doors” to the Special Rapporteurs for Sanitary and Poverty. She also stated sharply, the government was not in denial.

Interestingly she mentioned how it was difficult to report on violations because terms such as ”Extrajudicial Killings” did not exist.

In response to reporting and monitoring, Saida expressed how the Media were already reporting on violations.

Press Coverage of Event

Israel’s Aggression in Gaza

Some countries maintain double standards

NHRC chief tells ASK discussion

Staff Correspondent

National Human Rights Commission Chairman Prof Mizanur Rahman yesterday accused some countries of maintaining a double standard over Israel’s assault in Gaza.
These countries are supporting Israel even if it is breaking all international laws and norms, while they will talk about the internal affairs of Bangladesh, he said.
“We have to understand the politics behind their defence of human rights,” Rahman told a discussion, “Bangladesh’s Engagement with UN Special Procedures”, in the capital’s Cirdap auditorium.
Since the beginning of the air strikes, more than 192 Palestinians, mostly civilians, have been killed and several hundreds injured and displaced.
Sultana Kamal, executive director of Ain o Salish Kendra, which organised the discussion, lamented that even a civilised world was unable to prevent Israel from committing such gross violations of human rights in Gaza.
About the Special Procedures system, which is a central element of the UN human rights machinery, Prof Rahman said Bangladesh should let in UN’s special rapporteurs, who visit different countries and report on human rights issues there.
Before the discussion, Sayeed Ahmed of the Human Rights Forum said there were only two visits of special rapporteurs in the last 10 years while nine requests of visits were awaiting response.
Sadia Muna Tasneem, director general (UN and Human Rights) of the foreign ministry, however, said the government was never in denial, and it would try to let in one rapporteur every year.
Dina M Siddiqi, professor of Brac University, and Ranjan Karmakar, executive director of Steps Towards Development (STD), also spoke.
Meanwhile, in Chittagong, cultural activists, journalists, and general people formed a human chain in front of Chittagong Press Club under the banner Sacheton Nagorik Samaj, calling the killings by Israel genocide.

Necessary Compensation and Injury costs for Victims of Garment Factory disasters are a responsibility of the Government and the businesses involved.

The video begins with a clip from a Regional consultation which was held by the Asian Pacific Women in Law and Development, ASK and Nijera Kori on ”Framing Development Justice” . The government representative from the Ministry of Foreign Affairs, Saida Muna Tasneem spoke about the positive aspects of the growing garment industrys and how ”economic empowerment is the mother of all empowerment” for women.

In the context of the garment industry, this video was designed to show the basic rights which are not being met by garments workers and issues which they face.

This video was shown at the National Consultation on women in the garments sector, where activists from the ground were able to bring issues directly to UN Mandate holders Heisoo Shin, an Expert Member from the Committee which monitors the implementation of the International Covenant on Economic, Social and Cultural Rights by its Member States parties. Kamala Chandrakirana, Member of working group on the discrimination against women in law and in practice and Milena Pires, Expert Member, from the Committee for the Elimination of Discrimination Against Women, the committee recommendations on any issue affecting women to which it believes the States parties should devote more attention.

This video features Sara Hossain speaking at the ”Framing Development Justice Regional Consultation which was held on the 27-28th October 2013.

UN Guiding Principles for Business and Human Rights can be found on this link ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf

Photos of Sumaya – Ayon Rehal

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.”