Editorial
Repeal the new anti-terror law
We are extremely concerned about the implications of the new anti-terrorism law that has been quietly adopted by the military-controlled interim government, seemingly under pressure from certain western powers. While we understand the need for strong anti-terror laws, we agree with the US-based Human Rights Watch that the new ordinance violates fundamental freedoms and basic fair trial rights and feel that the adoption of such a draconian law may lead to severe abuse of power by the state authorities. First of all, such an important law, in our view, ought to be decided on and legislated by a representative parliament following a full and exhaustive debate within parliament and in society at large regarding its requirements and its implications. Instead, the enactment of such a law by an unelected regime, which kept its provisions secret until its adoption thereby preventing any public discourse or consultation on the matter, raises serious questions about the intentions of the present regime. We find several provisions of the new law seriously objectionable. For example, the law defines terrorism much too broadly, contrary to United Nations recommendations. Acts that cause ‘damage to any property of any person’ may be deemed terrorist under the new law, even though acts of terrorism are usually limited to acts committed with the intention of causing death or serious bodily injury, not property crimes. We fear that this law may be used as a political weapon by the military-controlled interim regime to tackle its political adversaries. Under the law, a person can also be held criminally liable of financing terrorism if there is ‘reasonable suspicion’ that he is involved in a financial transaction where the money may be used for terrorist activities. However, ‘reasonable suspicion’ cannot be the burden of proof in any criminal action for it violates the basic criminal law requirement of proving guilt ‘beyond a reasonable doubt’. Similarly, the government can ban an organisation based on ‘reasonable allegations’ of involvement in terrorist activities. Moreover, the new law criminalises speech in support of a banned organisation without needing to show that the speech directly incited a criminal or terrorist act. According to the Human Rights Watch, ‘to comply with international protections on freedom of expression, laws should only allow for the criminal prosecution of direct incitement to terrorism...’ The organisation also points out that the ‘law allows the imposition of the death penalty for certain offences that cannot be considered among the “most serious crimes”, as required by international law.’ Given the tendency of our governments, civil as well as military, to circumvent due process, typically to harass or persecute their political adversaries, we are extremely concerned that this new law may become a potent political weapon at the hands of those at the helm of government, instead of being a real deterrent to terrorist activities. We have historically seen such sweeping laws abused by successive governments of the past with limited or no effective application in combating crime. We agree with Brad Williams, the Asia Director of Human Rights Watch, that ‘Bangladesh needs fair and effective laws to combat terrorism, but, as we’ve seen in countries around the world, bad counter-terror laws drafted in secret lead to abuses and a loss of public support for legitimate counter-terror efforts.’ We, therefore, urge the current regime to immediately repeal this new act so that an elected parliament can legislate on the matter after an inclusive consultation process that takes into account its every aspect.
No place for complacency in flood preparedness
Forewarnings of the coming flood are being sounded and the behaviour of the rivers and level of precipitation while posing no immediate threat would make everyone uneasy. As if to prove that it is alive to its responsibility the government has let it be known that it has warned people in the field administration of ‘monsoon-triggered flood’ and asked them to remain prepared to face any situation. The warning came following incessant rain over a couple of days that caused swelling of rivers in the Brahmaputra, Ganges, Meghna and the south-eastern hill basins. But it is not clear how much importance the government is giving to its own warning considering that the Flood Forecasting and Warning Centre has brushed aside any abnormal flooding saying the excessive precipitation will be short-lived, as reported in New Age on Tuesday. A disaster-prone country that Bangladesh is, it is as hazardous to be euphoric as it is to be alarmist. When the whole world is preoccupied with thoughts of global warming, no country can afford to take geophysical issues lightly. Floods can be of the mild seasonal kind which is part of the life and ecology of this country, or it can be severe; the inundation can be localised as in 2007, or it can engulf vast swathes of the territory as in 1998, 1988. Last year’s flood, though not among the worst in terms of severity, gave us a new cause for anxiety by demonstrating that the flooding can be in two stages and that it can be off-season. Therefore, the entire relief and rehabilitation machinery must be maintained on top gear. We should learn from experience. If the government has alerted the field-level administration to remain prepared, it is fine. But if warning is combined with complacency it may blunt all initiatives. Eighteen months’ experience with this interim government shows that even when it can sound timely warning it is not capable of rushing relief speedily. About flood or the possibility of it, the latest reports are not all reassuring. In Cox’s Bazar hundreds of houses have been inundated by flash flood caused by heavy rain and onrush of hill water. Because of the intense rainfall the principal rivers are touching danger level at 15 points, according to a newspaper report. The flow is rising in the Ganges valley and in south-eastern region. Any ambiguity over preparedness may prove costly.
HOME TRUTHS
Collective bargaining for collective growth
Tanim Ahmed
Neither the incumbents nor the industrialists need to consider the positive effect of trade unionism on the lives of workers and labourers. They need only to consider their own commercial benefits and look into the positive role that trade unions have played to decide whether unionism is beneficial for industry. Based on the findings and experience of the industrialised nations around the world, the industrialists as well as the government should actively promote trade unionism to enhance competitiveness, quality and human resource development that would contribute to commercial gains for the industries as well as the country
YEARS of pent-up discontent and desperation spilled on to the streets in and around Dhaka and Chittagong in the third week of May 2006, when thousands of garment workers staged mass protests paralysing not just the garment factories but also bringing the economy to a near halt. Their minimum wages had not been reviewed for 13 years. Workers’ rights and privileges were largely ignored and neglected. An overwhelming proportion of several thousand garment factories employing over two million people did not abide by core labour standards — weekly holidays, eight-hour workday, timely and proper payment of wages and overtime, maternity leaves and benefits and freedom of association among others. The readymade garment sector, which earns about three-fourths of the country’s foreign exchange with about 80 per cent women employees, hardly heeded calls to improve its industrial relations where the management and labour worked in a mutually beneficial situation. It had all come to a head in that one week as workers ran amok. Factories and consignments were damaged, looted and burnt. And when the factory owners realised they had to sit with the labourers and hold a dialogue to put a stop to the mayhem, there were no credible representatives from the garment sector who held sway. The factory owners’ associations thus had to strike a deal with labour representatives not directly involved with the garment industry and sign a tripartite deal. One of the ten provisions of that tripartite agreement stipulated the formation of a minimum wage commission to review garment worker wages. The workers’ representative there was the head of a non-governmental organisation working on labour rights in the garment sector. More recently, the New Partnership for Development Act, introduced to the lower house of the US Congress, stipulated core labour standards and provision of collective bargaining to be eligible for duty-free quota-free market access to the US market. Although there are a host of other provisions and stipulations, much of the discussion has centred on the provision of collective bargaining for labourers. This new bill, if enacted in the United States, would provide the much sought preferential market access to that lucrative market where Bangladesh faces an unreasonably high percentage of tariffs and stiff competition from other apparel manufacturers who enjoy duty free access to the US market under other unilateral arrangements for the African and Caribbean countries. But to be eligible for inclusion as one of the least developed countries provided with free market access, Bangladesh has to ensure collective bargaining, core labour standards, multiparty democracy and implementation of intellectual property rights among other things. The garment factory owners’ associations, namely the Bangladesh Garment Manufacturers and Exporters Association and the Bangladesh Knitwear Manufacturers and Exporters Association, have gone to great lengths to point out that the stipulation of abiding by core labour standards would not be restricted to the garment sector alone but across all the industries in Bangladesh. They have questioned whether that would be a viable course of action for the development of industries and conducive to economic growth. But at the same time, almost in every discussion, the industrialists stressed the importance of all parties, including the government, owners, workers, citizens, activists and trade unions, to work together and launch a concerted move to make sure that Bangladesh is indeed included in the bill with favourable terms. It would basically mean that the industrialists would like to see a joint movement asking for relaxation of a number of restrictions and provisions that the new bill sets out for least developed countries and a few more for Bangladesh and Cambodia in an apparent bid to protect African countries from stiff competition. Although the tripartite agreement between the government, factory owners and the workers, the labour law of Bangladesh as well as the provisions of the International Labour Organisation calls for collective bargaining of some form, workers are routinely prevented from unionising by threats, suspensions, transfers or termination of their employment in numerous private sector industries in Bangladesh. The aversion towards trade unions and collective bargaining agents is also quite justifiable in Bangladesh’s context where most labour leaders are corrupt and indulge in irregularities, which are often blamed as one of the reasons why the state-owned enterprises remain inefficient. Most enterprises with influential labour leaders are often overstaffed and riddled with corruption where both the labour leaders and the management are involved. The labour leaders, to ensure their impunity, are more often than not affiliated to one or the other political party. But collective bargaining agents or trade unions are not necessarily bad for an industry. In case of Bangladesh, for instance, a number of mishaps might have been avoided through constructive dialogues between factory management and labour representatives, had there been any, before the matter got out of hand. In a number of cases where garment workers were forced to take to the streets because the management could not settle the matter beforehand through dialogues even if it wanted to. Installation of trade unions would not only provide owners and management with an effective avenue of negotiations but also prove to be a constructive tool for healthy development of an industry in a competitive market. Trade unions are quite vibrant across the United States and the European Union – countries that are far more advanced industrially and have attained a far higher level of development than Bangladesh. While the aversion towards trade unions in Bangladesh’s context is not entirely unreasonable, this aversion, in light of the experience of developed and industrialised countries, should prove to be quite baseless. In fact, there is strong economic rationale for promoting trade unions and collective bargaining than against it. Scholastic research shows trade unions actually increase firms’ competitiveness. In ‘What do Unions do to Productivity? A Meta-Analysis’, an article published in the Industrial Relations journal in 2003 by Hristos Doucouliagos of Deakin University and Patrice Laroche of the University of Nancy 2, it was found that trade unions had a positive impact on productivity across industries in the United States. Earlier research also shows that unions stem turnover of employees and thus contribute to gradual skill development through training, since a higher retention rate of employees encourages firms to arrange more trainings for their employees, which then leads to skill enhancement and increased efficiency and productivity. Although it is often held that trade unions hinder investment or contribute negatively to the solvency of a firm, research of the Germany-based Institute for Study of Labour shows that neither is true. Trade unions have negligible or insignificant impact on solvency or investment, it found. Labour unions also have a positive impact on a firms’ quality of production or service delivery and reduces discrimination at the workplace, according to other studies. Currently, however, under the state of emergency, one’s right to association – a fundamental human right – is suspended. Yet the military-controlled interim government turns a blind eye to activities of certain associations such as those of businessmen and industrialists, including the FBCCI, BGMEA and BKMEA, lawyers’ associations or the teachers’ associations. These associations, trade unions of sorts, have held their own elections and continue to sit with the incumbents to raise their concerns regarding certain issues. However, trade unionism of the labourers and workers remains suspended under excuse of the emergency powers. Needless to say, this is duplicity on the part of the incumbents and seems to demonstrate their bias in favour of the elites and against the poorer sections. However, neither the incumbents nor the industrialists need to consider the positive effects of trade unionism on the lives of workers and labourers. They need only to consider their own commercial benefits and look into the positive role that trade unions have played to decide whether unionism is beneficial for industry. Based on the findings and experience of the industrialised nations around the world, the industrialists as well as the government should actively promote trade unionism to enhance competitiveness, quality and human resource development that would contribute to commercial gains for the industries as well as the country.
MAIN PAGE | TOP
|
|