Introduction
On 24 November 2013, one year has passed since the disastrous incident of Tazreen Fashions Factory that left 112 workers dead and many others injured. Since then, fire accidents in garment factories continue to kill workers, most of whom are women. The collapse of Rana Plaza on 24 April 2013, is one of the worst industrial disasters in recent history, where more than 1200 people died and thousands were injured. It is estimated that since 2005, over 1,800 workers have died in factory fires, stampedes and building collapses in the garment industry because of poor safety standards.

The Context Setting:
The Readymade Garment (RMG) sector of Bangladesh is at the heart of the country’s export boom and has remained so ever since the first factory opened in 1976. This industry has been growing consistently over the past 35 years, and today accounts for 80% of Bangladesh’s total exports. There are almost over four thousand garment factories in Bangladesh employing over three million people. This sector at present is the major destination of Foreign Direct Investment (FDI) which accounts of more than $1,000 million compared to only $2.4 million in 1986. Today, one third of foreign direct investment comes from European companies, principally from the Unted Kingdom.

Women in Readymade Garments sector: Some Key Facts

In the Readymade Garment sector women are the main workforce which constitutes more than 85% of its workforce.
RMG sector is based on the theory of cheap labor and it is significant to mention that these women who are basically illiterate or having less than a primary education are the main source of cheap labor for this sector.

Women mainly from lowest income families work in this sector. Struggling with poverty, financial hardships and social inequalities these women in rural areas have no other choice but to migrate in the urban localities in search of workplace in the RMG sector.
Women are employed in a highly exploitative context. They remain at the bottom of the supply chain where men are given higher position and better wages. They work mainly as helpers, machinists and less frequently, as line supervisors and quality controllers. Men dominate the administrative and management level posts.

Basic maternity rights are also denied to women though the existing Labour Law protects the fundamental rights of women workers, including the right to maternity leave. The Constitution of Bangladesh guarantees equal rights to women and men and at the international level, Bangladesh has also 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.

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.
Sexual harassment is a key source of mental stress for women workers. Usually the incidents of sexual harassment are under reported as women workers doesn’t want to share these experiences because of shyness and also fear of losing job.

Trade unions are either absent or dysfunctional so that workers voices are not heard properly.

Most of the garment factories have failed to ensure occupational safety and health condition for the women workers. Taking the advantages of workers’ poverty and ignorance the owners forced them to work in unsafe and unhealthy work place overcrowded with workers beyond capacity of the factory floor and improper ventilation.

In spite of all these loopholes, 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 which is threatened in the face of recent developments.

After the incident of Rana Plaza the United States cancelled the GSP (Generalised System of Preference) ‘priority entry rights’ in exporting of RMG in June 2013. The United States’ cancellation was an indication that Bangladesh has not been serious about ensuring occupational safety, labour standards and improving the conditions of the workers of garment industry. This may encourage other countries and regions to withdraw trade privileges which will lead Bangladesh to lose its competitiveness in the global garment business. The industry will shrink and many factories will be closed. Millions of women will be jobless.

Consultation with Special Procedures Mandate Holders
In search of exploring the conditions of RMG workers in Bangladesh and also framing development justice for them, a national level consultation was held on October, 30th, 2013. It was a consultation with the special United Nations Mandate Holders on “Framing Development Justice” for women in the Readymade Garments (RMG) sector of Bangladesh. The day-long consultation held in BRAC Centre Inn Auditorium in Dhaka, Bangladesh. The consultation was organised by the Asia Pacific Forum on Women, Law and Development (APWLD), Ain o Salish Kendra (ASK) and Nijera Kori.

Reflections from the Consultation Process:

Measuring Living Wage for RMG workers to improve their professional, social and economic conditions. The pay structure for the garment workers is not competitive enough which forced them to live hand to mouth. As compared to pay structure with other developing countries, it is considered as one of the lowest in world. The demand of the garment workers and local trade union leaders for ensuring minimum wage has always been ignored in the past by the factory owners. International organisations, labour rights activists have also been demanding to ensure minimum wage which should provide adequate food and shelter for the family members of garment workers.

The workers insisted to be given tk8000 per month as their minimum wages but after lot of discussions, in November 2013, the government and BGMEA have agreed to give taka 5,300 with 5% increment on basic every year.

During the consultation process, Kate Lappin, Regional Coordinator of APWLD informed that, the notion of living wage is the calculation of expenditure based on a combination of food and non-food costs. It is the minimum income required to meet the basic costs of living for a family of two adults and two childrens, 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 in this regard mentioned that, the 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.

Demand for Increasing Roles of Regulatory Authorities to Improve Working Conditions of Women RMG Workers:
The government and relevant authorities have failed to take appropriate actions to ensure workers rights of a safe workplace. The regulations we have in regard to building safety are not sufficient to provide real protection to workers. Furthermore the government’s ability to enforce even these limited regulations is not satisfactory at all. All of the incidents in the garment factories could have been avoided if proper and effective regulation and inspection systems were in place.

In the consultation, Md. Aminul Islam- Deputy Secretary (Labor), Ministry of Labor and Employment, Bangladesh admitted that, there were many flaws to manage disaster at this massive scale. He also added that, the government is working for ensuring compliance in the RMG sector by providing policy support and by enforcing laws and regulations. But the activists and workers who were present in the consultation express their deep concern and dissatisfaction about the government initiatives and disaster management arrangement. They wanted that the government should adopt some stern actions to ensure safety at workplace for the workers.

Recommendations:
Government should follow international human rights standards since it is party to several international treaties protecting the rights of workers. Grassroots organisations providing further information on these incidents 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.

The UN Guiding Principles on Business and Human Rights, signed in 2011, provide a framework for defining the roles and responsibilities of both governments and businesses in regard to human rights. The UN Framework can and should be applied to the issue of hazardous workplaces and states and business therefore have responsibilities to take action to protect and respect the workers.

The activists also emphasised the importance of ratifying the ILO Convention C121, concerning ‘’Benefits in the Case of Employment Injury’’.
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.

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.

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.

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. Labors should be empowered to speak their minds and express themselves freely so they can demand justice and ensure their rights to decent employment.

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.

The discrimination experienced by young women employed in this sector needs to be incorporated into the compensation system.
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 stigmatisation 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.

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.

Ain o Salish Kendra (ASK) and Nijera Kori
30 October, 2013 Dhaka, Bangladesh