Anu Mahmud :
It is encouraging to note that at a recent cabinet meeting workers right to form trade unions in the country’s Export Processing Zones (EPZs) has been guaranteed with the approval of the Bangladesh EPZ Labour Law, 2016. The new law also guarantees a permanent wage board for the workers. Besides, there are many other positive sides of the law. In case of on duty death of a worker, the law stipulates that his or her family members will get compensation of Tk 2 lakh and an amount of Tk. 2.25 lakh in case of his or her permanent’ or ‘complete’ disability.
Under the new law, the EPZ workers will also get retirement benefits, mandatory group insurance, cash payment for earned leave, paying full salary as festival bonus and maternity leave for 16 weeks. Now that the EPZ Labour Law has been passed, it is expected that the worker’s organisations in the EPZ,s which will be named as Srmik Kalyan Samity, will conduct their activities of trade union responsibly so that EPZs do not become venues for mindless work stoppage programmes that in the final annalysis both harms the owners of factories as well as workers.
It is also expected that as per provision of the law, a 12-member permanent wage board comprising the representatives from workers and investors as well as representative from a neutral source will be formed soon and fix the minimum wages for the benefits of workers. Passing of the law would mean nothing unless its letters and spirit and followed without any hindrance.
The cabinet committee’s approval of workers’ right to do trade unionism should now go well with the external critics who often criticieses the absence of trade unions in Bangladesh’s industrial set-ups at large. Since the Rana Plaza collapse in 2013 that killed more than 100 people; Bangladesh became a target of attack from the US and European buyers of Bangladesh’s readymade garments. The Bangladesh EPZ Labour Law-2016 will indeed present the government in a more positive light. It proves that the government here is really serious about the overall welfare of the workers.
However as the most important stakeholders, workers at the EPZs must remain on guard so that vested persons or groups do not hijack their newfound freedom of forming trade unions. It is their responsibility to choose the right persons as their leaders who not only love the workers but also understand well how their genuinely rights they can practically ensure for them. The cabinet’s approval of the draft EPZ Labour Law- 2016 enhancing workers’ right of association in export processing zones is a boost for calls on the United States to restore GSP trade privileges.
It is significant that the government has indicated its intention that the new law should help EPZs in Bangladesh comply with ILO conventions on freedom of association. Such compliance has been stated by the US to be a pre-requisite for it to restore GSP for Bangladeshi exporters.
Although the draft does not lift the prohibition on EPZ trade unions contained in the Bangladesh EPZ Act 2010, officials have expressly stated it is intended to help meet the demands of workers’ rights groups.
The proposed draft builds of the 2014 EPZ Labour Act which permits Workers’ Welfare Associations in EPZs to negotiate on behalf of workers in relation to working conditions and remuneration. It also lays down new compensation provisions for workplace injuries in EPZs.
Moreover the cabinet secretary has also told reporters that associations should be permitted to work like trade unions, while not being called as such.
While this shows the government is actively listening to concerns expressed by workers groups, it still leaves workers’ associations lacking the same legal status as unions.
The government should rethink its rationale for barring trade unions from EPZs in the first place. Improving rights of association for workers is vital to help guarantee conditions global consumers and brand, seeking to help guarantee compliance with rising expectations for workplace standards.
Ensuring labour rights are respected equally across the whole of the country would help make Bangladeshi-made goods more attractive, and have a positive impact on US legislators reviewing GSP status.
The government’s approval of a draft law that allows workers to form a ‘Workers Welfare Association’ in Export Processing Zones (EPZS) would be laudable but for the confusion associated with the move. While the government’s stance is that such an association would work like a trade union, labour rights leaders are of a different opinion. As far as workers are concerned, these two are not the same thing, and to say so would be misleading.
It seems that the draft law is a compromise to cater to the needs of the rights groups as well as the investors who have resisted such provisions. According to the Bangladesh EPZ Act-2010, trade unions are not allowed in EPZs which is possibly why the government has chosen to approve of a ‘workers welfare association’ that it says will incorporate the rights guaranteed in a trade union and will work as the central bargaining agent for the workers.
However, we feel that such an arrangement related to the welfare of the workers should have been in place long before now. It is important that we fulfill all the conditions stipulated by international convention, including ensuring the rights of workers as stipulated by the ILO Convention which Bangladesh has signed. This includes the freedom of association and right to collective bargaining which are the basic tenets of a trade union.
There is no doubt that the workers welfare association will bring a big improvement in working conditions and workers benefits. The fear expressed by worker rights activists, however, that the current draft law provisions will be passed off as the right to form trade unions, should be allayed by the government.
According to a report published in newspaper recently, the mayor of Rangpur City Corporation (RCC) Alhaj Sarfuddin Ahmed Jhantu emphasised on comprehensive efforts of all stakehoolders in eliminating child labour to turn every child into an educated and worthy citizen. We do endorse his view regarding the issue.
Unfortunately in Bangladesh protection against child labour has proved to be difficult to attain due to weak enforcement of laws. Child labour has been a malice that Bangladeshi society has been unable to get ride of. In addition, there also seems to be a certain lack of concern by the authorities whose responsibility it is to ensure that child rights are protected. It is not that Bangladesh does not have laws against child labour. It is, again, a problem of implementation and enforcement The abuse of these laws is committed by people in several industries but also by those who are aware of the child labour factor in society.
Frequently, pubescent or prepubescent girls are hired by adults as nannies to watch after infants and toddlers. We all know about people hiring children as domestic helps. Unless there is a major crackdown by the government, the courts and NGOs against child labour on those violating child rights, it will be an extremely tricky task to eliminate child labour. This countrywide crackdown needs to occur in the retail, wholesale, manufacturing and service industries where child labour is prevalent.
We believe that the best way to eradicate child labour is to ensure that every child goes to school. Somebody from the school should call on a home from where a child has not been coming to school for some time. There is an even better way of ensuring school attendance : pay poor parents, who have notionally foregone the income of their children, an allowance for sending them to school.
Child labour is a serious crime all over the world. The UNICEF defines child labour as some type of work performed by children below the age of 18. There is something seriously wrong with our county which not only fails to educate all its children but also depends on them to keep its economy float. The law says that primary education is compulsory for everyone, but we all know that actions speak louder than words.
(The writer is an economic analyst, columnist, e-mail [email protected] )
