Towards a SAFER Ready Made Garment sector for Bangladesh Progress made and way ahead MESSAGE Since the Rana Plaza collapse and Tazreen Fashions fire an unprecedented effort has been made to enhance workplace safety and improve workers’ rights in Bangladesh’s Ready Made Garment (RMG) Sector. Significant improvements have been made, a number of which are highlighted in this publication. There have been legislative changes with the revision of the Bangladesh Labour Act, introducing new safety measures and making it easier to form trade unions. Building inspection standards have been harmonised, procedures established for closure of unsafe factories and almost 60% of garment factories nationwide inspected for structural and fire safety. The society. International brands and retailers have launched the Accord and Alliance to support the inspection of factories they source from. The Rana Plaza Arrangement has been set up with brands and retailers as well as other donors contributing to the compensation fund for Rana Plaza victims and dependents. regulatory authorities such as the Labour Inspectorate are being rebuilt from the ground up with both new and existing inspectors from the factories and fire safety departments receiving comprehensive training. The first instalment of compensation has been paid to the Rana Plaza victims. Meanwhile, employers and workers organizations are taking an active role in training mid-level managers, supervisors and trade union leaders on occupational safety and health as well as workers’ rights issues. workers’ rights. Collaboration between stakeholders has been intense and fruitful. There are differences of opinion on how to move forwards on many things but at the end of the day we are all working together for a safer garment industry. We are making change happen. The Government of Bangladesh has shown real commitment to change. It acted quickly to amend legislation and to strengthen the Labour Inspectorate by upgrading it and allocating additional funds. It has committed to recruit more inspectors and take measures The Government of to strengthen labour rights Bangladesh has shown real and improve safety in the commitment to change. RMG sector. By the end of September 2014 there were 367 trade unions in the RMG sector compared to just 131 at the beginning of 2013. Workers and trade unions are seeking more opportunities and support to become organised and find space for dialogue on safety and workers’ rights issues. A wide range of other stakeholders have also played an important role. Employers and workers organizations have been active as have development partners, NGOs and civil Momentum has grown to improve work place safety and Despite this, we must not lose sight of the huge challenges that still lie ahead. The green shoots of progress are fragile and need considerable nurturing. While notable progress has been made, momentum must be maintained and more needs to be done in fulfilment of commitments by national and international players. In particular, on-going building assessments should be swiftly followed by remediation measures to ensure health and safety of workers at work. Resources need to be found for completion of remediation by all factories including those currently not receiving any support from Accord and Alliance and efforts should continue to fully realise in law and practice the rights of freedom of association and collective bargaining. Further amendments to the Bangladesh Labour Act are necessary based on comments of the ILO Committee of Experts on Application of Conventions and Recommendations. The rules for implementation of Bangladesh Labour Act need to be adopted swiftly, and Photo: Md. Main Uddin/Drik monitoring mechanisms need to be strengthened to ensure sustainability of improvements in RMG factories. The Rana Plaza Trust Fund is still falling short of the required amount to compensate the Rana Plaza workers and their families based on the principles of ILO Convention 121 on Work Place Injuries. Based on the experiences of the ‘Rana Plaza Arrangement’ for compensating those affected by the collapse, development of an employment injury insurance programme should be taken up as a priority. Since Tazreen and Rana Plaza the ILO has sought to coordinate, collaborate and deliver change. In our neutral role we stand alongside the government, employers and workers alike. The challenge of creating a safe working environment in Bangladesh’s RMG sector is immense, yet it is one that we cannot shy away from. We must seek to address the key challenges of capacity, pace of implementation, compliance, governance and accountability. At the same time expectations must be realistic for a long and difficult road stretches ahead. The stakes, however, are incredibly high. Bangladesh’s RMG sector employs some 4.2 million workers and generates US$21.5 billion revenues annually. The industry is the major driver of Bangladesh’s development. Most workers are women from poor backgrounds for whom jobs in the RMG sector are a lifeline out of poverty. Continued growth While notable progress has been made, momentum of the garment industry is must be maintained. critical for eradication of poverty in Bangladesh. The challenge therefore is maintaining the balance between attracting investment, ensuring safer work places and promoting jobs with rights while attaining the goal of Decent Work for All. Together, all partners and stakeholders involved in improving labour standards and safety in the Bangladesh RMG sector must rise to the challenge. We cannot afford to fail. Srinivas B Reddy Country Director ILO Bangladesh Enhanced collaboration and commitment Following Rana Plaza local and international organizations rapidly signalled their commitment to contribute to relief efforts. Agreement was also quickly reached on the need for the inspection of all RMG factories and longer-term processes to enhance inspection and compliance. In view of the urgent need to address RMG safety issues it was vital for programmes and initiatives to be operational without delay. ILO developed the Improving Working Conditions in the Ready Made Garment Sector Programme with the support of the Netherlands, Canada and UK in With many initiatives just three months, launching it on 22 October 2013. ongoing, strong Photo: ILO A changing dynamic in the RMG sector The loss of 1,136 lives when Rana Plaza collapsed on 24 April 2013 sent shockwaves worldwide. Coming just months after the fatal fire at Tazreen Fashions in which 112 died it was clear that the Bangladesh Ready Made Garment (RMG) sector had reached a crucial juncture. Business could not continue as usual. Fundamental changes relating to safety, inspection and compliance had to be made if the lives of over four million workers were to be safeguarded and the confidence of global buyers retained. Global supply chain governance and compliance with international labour standards came under intense scrutiny. Following the Tazreen and Rana Plaza disasters a framework for the enhancement of building and fire safety in Bangladesh was developed in the form of a Tripartite Joint Statement, signed by government, workers’ and employers’ representatives on 4 May 2013. This statement, and the process that led to it, signified a change in the dynamics of the Bangladesh garment industry. It reflected a clear commitment by the Government of Bangladesh to work with the employers and workers to improve safety of the RMG sector, steps which were later detailed in the National Tripartite Plan of Action (NTPA). It also saw considerable engagement with, and input from, the international brands and retailers as well as development partners. ILO made a significant contribution to this process. ILO Deputy Director General Gilbert Houngbo led an ILO mission to Bangladesh just days after the Rana Plaza collapse and played a neutral role to facilitate dialogue between the government, employers, workers, development partners and other stakeholders. ILO helped identify key areas for action and to develop the Tripartite Joint Statement on Building and Fire Safety. Importantly, ILO strongly advocated for buyers worldwide to ‘stay with Bangladesh’; that despite the challenges the RMG industry faced they could be addressed and that any rush for the exit by international brands would have far reaching consequences for ILO strongly advocated for the estimated 4.2 million buyers worldwide to ‘stay garment workers, many of with Bangladesh’ whom are women. coordination has been needed. The Bangladesh Accord on Fire and Building Safety, signed by 187 apparel corporations from 20 countries, global and local trade unions, NGOs and workers’ rights groups was formed on 13 May 2013. Meanwhile, the Alliance for Bangladesh Worker Safety bringing together 26 mainly North American brands was established on 9 July 2013. Both the Accord and Alliance have carried out intensive inspection programmes of factories which they source from. A Sustainability Compact to promote continuous improvements in labour rights and factory safety in the Ready Made Garment and Knitwear Industry in Bangladesh was also launched by the European Union and governments of Bangladesh and USA with support from ILO on 8 July 2013. With many initiatives ongoing, strong coordination has been needed. Local Consultative Groups play an important role as does close collaboration through the ‘5+3+1’ process bringing together five major donors (EU, US, UK, Netherlands and Canada) three key ministries (Labour and Employment, Foreign Affairs and Finance) and ILO. Looking forward, the challenge for the Bangladesh garment industry is to ready its institutional, regulatory and oversight mechanisms relating to building and fire safety to ensure a safe working environment in the RMG sector once the current support from external partners ends. It is equally important that the capacity and will of employers’ and workers’ organizations to engage in social dialogue and build trust is supported and that experiences gained help enrich future policies and practices in the sector. Better Work Bangladesh Better Work Bangladesh (BWB) is a flagship ILO initiative launched in October 2013 as part of its Improving Working Conditions Programme in the RMG Sector. BWB focuses on building factory-level industrial relations so that management and workers are together better able to prevent, identify and solve problems in the workplace. Better Work is an innovative partnership between the ILO and the International Finance Corporation. Better Work Bangladesh is funded by France, the USA and Switzerland as well as Canada, the Netherlands and UK. The global Better Work programme is funded by Australia, Denmark, the Netherlands and Switzerland as well as through corporate donations from the Levi Strauss Foundation and the United States Council Foundation. For more information see www.betterwork.org 24 November 2012 Fire at Tazreen Fashions results in 112 deaths. September 2014 Second installment of compensation awarded for approximately 800 Rana Plaza victims. 22 October 2013 ILO launches US$24 million Improving Working Conditions in the Ready Made Garment Sector Programme funded by Canada, Netherlands and UK. November 2013 Harmonized Standards for Factory Inspection agreed by all parties. December 2013 50 survivors of Rana Plaza collapse complete ILO skills enhancement training training through BRAC. 5 November 2013 The Government of Bangladesh adopts National Occupational Safety and Health Policy. 15 January 2013 Tripartite statement on National Plan of Action on Fire Safety issued. 24 March 2013 National Tripartite Plan of Action on Fire Safety (NTPA) in the RMG Sector of Bangladesh developed. December 2013 ILO and Action Aid Bangladesh launch programme for rehabilitation of Rana Plaza survivors with disabilities. January 2014 Chief Inspector of Factories and Establishments office upgraded to a Department and budget strengthened. 24 April 2013 Rana Plaza building collapse leads to the loss of 1,136 lives. 13 May 2013 Accord on Building and Fire Safety in Bangladesh launched. Feb Mar Apr May Jun Jul Aug Sep Oct 7 November 2013 The Rana Plaza Coordination Cell officially launched at Savar. Nov Dec Jan Feb Apr May Jun Jul Aug Sep 30 April 2014 Website of Department of Inspection of Factories and Establishment and RMG factory database launched. 22 April 2014 BDT 50,000 (USD 650) advance payment made to each victim of Rana Plaza collapse. 15 July 2013 The Government of Bangladesh adopts amendments to the Bangladesh Labour Act. 10 July 2013 The Alliance for Bangladesh Worker Safety launched. 8 July 2013 EU, Government of Bangladesh and ILO issue Global Sustainability Compact. Mar June 2014 125 labour Inspectors receive training from ILO. 25 July 2013 National Tripartite Plan of Action on Fire Safety and Structural Integrity in the Bangladesh RMG Sector issued. 1 May 2013 Joint Statement of the tripartite partners to address the disasters in RMG Sector. August 2014 First installment of compensation confirmed for 700 Rana Plaza victims. 30 September 2014 1,992 (nearly 60%) of RMG Factories in Bangladesh inspected for fire and structural safety. January 2014 Introductory training course for newly recruited Labour Inspectors held. 2014 Jan 2012 2013 Nov 7 September 2014 ILO provides 95 motor vehicles for use by labour Inspectors. 24 March 2014 Rana Plaza Claims Administration (RPCA) cell opens at Savar. 28 January 2014 Rana Plaza Trust Fund launched. September 2014 Total number of RMG trade unions rises to 367 compared to 131 in early 2013 30 September 2014 Payment of compensation commences with BDT127,090,251 (US$1,649,452) disbursed. Factory inspections advance, government capacity grows Following the Rana Plaza collapse the immediate priority was to inspect all 3,500 Ready Made Garment factories throughout Bangladesh for fire and structural safety. By the end of September 2014, 1,992 factories had been inspected by three initiatives, the Accord, Alliance and the Bangladesh University of Engineering and Technology (BUET) under the National Tripartite Plan of Action. Preliminary inspections by Accord and Alliance have been completed while those carried out under the remit of the National Initiative should be finished by March 2015. Photo: Md. Main Uddin/Drik An improved legislative environment In the aftermath of Rana Plaza it was clear that fundamental legislative and regulatory changes needed to be made. The revision of the Bangladesh Labour Act (2006) was identified as a priority to create a solid foundation upon which safety in the RMG sector could be built. The process of reviewing the Labour Act commenced in early 2013 with the revised Act adopted by the Parliament on 15 July 2014. The speed with which these changes took place was significant and sent a strong signal that the Government of Bangladesh is committed to enhancing labour standards. Major changes introduced by the new Labour Act included the simplification of provisions relating to the registration of trade unions. By the end of September 2013 the total number of unions in RMG factories stood at 367, compared to 131 at the start of 2013. Outside experts are now allowed to come into factories to negotiate with management on the union’s behalf. A central fund is to be created to improve living standards of workers. The Act stipulates that safety and health committees including members of the workforce must be established in every factory with over 50 workers. Meanwhile, other mandatory measures include the setting up of dispensaries and clinics in factories. ILO used its expertise in this field to facilitate the process. It advocated strongly for the revision with government ministries while also giving testimony within parliament as to the need for changes. Advice and support was provided to employers and workers organizations and ILO experts examined several drafts of the revised Labour Act, making comments and suggestions at every stage. Although the new Labour Act still falls short with regards to ILO conventions 87 and 98 on freedom of association and collaborative bargaining the revisions provide a firmer foundation for more The Labour Act revisions equitable labour practices provide a firmer foundation that can and will continue for more equitable labour to be built upon. Priority practices that can and will at time of writing is being continue to be built upon. placed on the finalisation of rules that will enable implementation of the new provisions, which is of especial interest for the ILO’s Better Work programme in the RMG sector. In addition, a credible dispute resolution system must be built to ensure that the newly reinforced rights for freedom of association are respected and problems addressed systematically and effectively. The inspection process has had to overcome a series of challenges. An intense and ongoing period of coordination and collaboration facilitated by ILO has seen Alliance, Accord and BUET agree common inspection standards based on the Bangladesh National Building Code and international good practices. upgraded to a department in January 2014, high level leadership installed, positions for 392 new inspectors created and budget boosted from US$900,000 in 2013-14 to US$ 3 million in 2014-15. Although the recruitment of inspectors is a positive development, both new and existing staff need intensive capacity building. ILO is implementing a comprehensive programme to train inspectors and to enhance governance and accountability of the labour inspection system. A labour inspection road map has been agreed between ILO and the Ministry of Labour that will form the basis for future ILO support to this reform process. Meanwhile, the planned establishment of an accountability unit within DIFE as well as the launch of a public data base and website where inspection reports can be accessed represent a step towards transparency and openness for the inspection service. The process of harmonisation is a significant achievement that has helped create a far more solid foundation not only for the current round of inspections but also one on which the Bangladesh inspection service can build for the future. Enhancing government capacity Following Rana Plaza it was clear that the labour inspectorate required a complete overhaul if it was to be effective. As a result, the Government of The process of inspection Bangladesh made a series harmonisation is a of major commitments to significant achievement rebuild the Department on which the Bangladesh of Inspection for Factories inspection service can and Establishments (DIFE). build for the future. The inspection service was Photo: ILO Supporting Rana Plaza victims and families Through ILO support, 300 injured workers are receiving counselling and livelihoods support in collaboration with NGOs Action Aid and BRAC. More than 1,500 others are receiving support from civil society organisations. Meanwhile, a compensation scheme and claims process based on ILO standards on employment injury was established through the Rana Plaza Arrangement between the Bangladesh Ministry of Labour, leading buyers, employers’ and workers’ organizations as well as civil society organizations. A Coordination Committee is managing the compensation scheme with ILO as the neutral and independent chair. By the 30 September 2014 deadline 2,849 claims had been received relating to injured workers and dependents of the deceased. Photo: Md. Main Uddin/Drik Advance payments of BDT 50,000 (Approx. US$650) were made to all eligible claimants in April 2014 and BDT 700,808,795 (Approx. US$9,063,000) has been awarded to some 1,500 cases It is expected that all claims will to date. In September 2014 payment of awards be processed and awards made by November 2014. commenced when BDT127,090,251 (US$ 1,649,452) was disbursed. It is expected that all claims will be processed and awards made by November 2014. The current total now available for awards through the Rana Plaza Donors Trust Fund is just under US$19.4 million. This is still well short of the US$40 million estimated to be needed for all beneficiaries and further support of the brands and retailers as well as national and international stakeholders is needed to help compensate all victims and their families. Once payments are made the lengthy rehabilitation and skills training process for those in need will continue. Moving forward, ILO also plans to work with Government of Bangladesh to establish a Universal Employment Injury Insurance Programme. This would provide compensation or support to workers in the event of any future industrial accident, not just in the RMG sector but in any factory, and would be a major step forward for Bangladesh. Photo: ILO In the absence of any universal employment injury insurance scheme, dependents of the deceased or those injured by the Rana Plaza collapse faced an uncertain future. A considerable effort involving partners from Bangladesh and around the world has helped provide support to victims, their families and dependents for losses and needs arising from the accident. Strengthening labour rights Empowered, aware and organized, workers have a key role to play in maintaining harmonious industrial relations and securing safe work places. Recognising that the majority The need to strengthen of garment workers are labour rights was brought women, special emphasis into sharp focus with the is being placed on training Rana Plaza collapse where women trade union leaders. large-scale loss of life may have been avoided had workers been better able to voice concerns over the safety of the building. Two initiatives carried out by ILO under the umbrella of its Ready Made Garment Sector programme are helping workers and their representatives to exercise their rights and improve labour-management cooperation at the enterprise level. Funded by the US Department of Labor and the Royal Norwegian Government the projects address specific challenges faced by workers’ and employers’ organisations by building local capacity in relation to freedom of association and collective bargaining. In addition to playing a role in the revision of the Bangladesh Labour Law, advocacy and training have contributed to the increase in RMG sector trade unions. The capacity of over 2,500 workers’ representatives, trade union organizers, mid-level managers and employers’ organization members has been enhanced through various training events. Recognising that the majority of garment workers are women, special emphasis is being placed on training women trade union leaders and organizers on key labour rights. Practical knowledge and skills are also being provided that will enable women leaders to educate and organize workers at factory level in order to improve working conditions in the RMG sector. A registration process and electronic database established within the Department of Labour is helping facilitate trade union registration. Representatives of government, employers and workers organizations as well as Industrial Relations Institutes have been trained on the use of Interest Based Negotiation (IBN) techniques to help develop mutual trust and cooperation. A process is also ongoing to set up a dispute settlement and mediation system with the Department of Labour which should help address anti-union discrimination and terminations. In addition, a significant public advocacy campaign targeting over 100,000 workers and other stakeholders on rights and workplace cooperation is underway in order to promote a greater dialogue among the public. www.ilo.org/dhaka Design: Nipun/Drik Cover photo: Md. Main Uddin/Drik Contact information ILO Ready-Made Garment Project ILO Country Office for Bangladesh House # 16, Road # 99, Gulshan-2 Dhaka 1212, Bangladesh Tel: +88 02 8881462 Fax: +88 02 811 4211 Email: [email protected] Copyright © International Labour Organization 2014 ILO’s activities to improve working conditions in the Ready Made Garment Sector are supported by Workers’ rights and fire safety initiatives carried out by ILO are supported by
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