In the battle between rights and aid

April 24 – the day when thousands of lives and dreams were lost forever – is once again knocking at our doors. On this day in 2013, the Rana Plaza collapsed, resulting in the worst industrial disaster in the history of the world. Four years have passed by, and yet, many questions remain unresolved. How much have workers or their families really gained in exchange for the lives lost that day? What has the labour movement achieved? To what extent have each stakeholder – owners, suppliers, consumers, BGMEA or the government – been held responsible? What progress have the state, garment owners and BGMEA made since then? Working out all these calculations - of which the issues of compensation and punishment of the guilty is of utmost importance - has now become an urgent need. The question of our country's democracy and national competency is linked to all of this. 

Rana Plaza was not the first structural killing in the country guised as an accident.  Preceding this incident, many young garment workers lost their lives in 'accidents' at factories such as Tazreen, Aswad, Smart Fashion, Hamim, Garib and Garib, and Spectrum, amongst others. They represent the 4.4 million garment workers of the country, who have given up their lives to play a significant role in Bangladesh's growing economy. However, the 2013 incident of Rana Plaza surpassed the magnitude of even the Tazreen fire in 2012 and every other factory incident that has occurred so far. With this incident, Bangladesh drew the attention of the entire world -- workers, labour rights organisations, conscious citizens and consumers of the country and abroad. International consumers, who didn't know of the brutal stories behind the t-shirts they wore, were now aware of the cruel reality. This time it truly seemed that the government and factory owners would do something to restore their so-called shattered image. International buyers and brands too would not evade their responsibility. Rather than solely looking out for their profits, they would now focus on the workers. The laws would change; the guilty would be punished. But the reality did not match the expectations.

Till now, the law regarding compensation remains unchanged. Needless to say, millions of dollars cannot compensate for a life lost. Nevertheless, usually the issue of compensation takes into account a few factors, including the working years that each dead or surviving worker lost, the average wage of workers, the condition and age of dependents, rate of inflation, two annual bonuses, one-time grants to ease the burden of other living members, and so on. 

According to the labour of law of the country, Tk 1 lakh (US$ 1,250) or Tk 1,25,000 (US$ 1,562) is the compensation paid to workers who are injured or die in such incidents. It goes without saying that such an amount is inadequate to compensate for their loss. After the Rana Plaza incident, there were several discussions on the procedure of compensation.  The Fatal Accidents Act, 1855 was brought to the fore, where the amount of compensation was almost Tk. 48 lakhs (US$ 60,000). Moreover, researchers of Harvard University showed through various studies that the amount of compensation could be as much as Tk. 54 lakhs (US$ 67,500) (Prothom Alo, May 27, 2013). An expert committee presented a proposal to the High Court that suggested a compensation package of almost Tk 15 lakhs (US$ 18,750). BGMEA proposed a compensation of Tk 7 lakhs (US$ 8,750). Several labour organisations proposed compensation worth Tk 28 – 48 lakhs. None of these proposals were ultimately considered.

Rather, under the “Rana Plaza Arrangement”, workers received between Tk 10 lakhs (US$ 12,500)to Tk 30 lakhs (US$ 37,500)or more as grants from international brands. A committee was formed in 2013, involving the government, local and international trade union representatives of the garments industry, brands and NGOs, to ensure the economic and medical assistance to the victims of the Rana Plaza collapse as per Convention 121 of the ILO. This assistance was entirely financed by the Rana Plaza Donor Trust Fund, which categorically stated that any donation to the fund from any contributor was “voluntary” and did not “imply legal responsibility or obligation for the accident”.

As a result, it is clear that in the future, those affected in incidents similar to the Rana Plaza collapse will not be able to access the same benefits, but that they will be compensated according to the labour law. If the compensation amount, its criterion and the party or parties responsible for compensation were clearly defined, then workers of other factories could have benefitted in the future. 

Different organisations, foundations and foreign establishments undertook various projects in the wake of the Rana Plaza disaster. Distribution of funds and various training programmes were launched. These programmes included training on sewing, rescue work, rearing cattle, disaster management, rehabilitation, etc. Some organisations have projects that will run until 2020 or even longer. Very few, if any, of these organisations, have been demanding structural changes. 

It is only natural that in the immediate aftermath of a disaster different kinds of assistance would be provided by the government, factory owners, and even individuals. But just offering training and financial assistance, in the absence of new laws or sustainable changes, has created a sense of discord and dependence amongst the workers. Under these circumstances, it was natural that workers would lean towards accepting financial aid rather than fighting for their legal rights for adequate compensation or ensuring justice for the culprits. 

Rather than transforming the anger and grief of losing their loved ones into a mass movement, the victims were reduced to beggars. The importance of financial aid gained prominence as a possible solution over the movement for workers' rights. The state aided this whole arrangement. Instead of ensuring rights, it seems that the state's goal was to build a group of people with a 'victim' mentality, who would never be able to raise their voices to demand their rights. As a result, the workers were unable to take agency as a democratic force. Amidst all of this, a united labour movement was also unable to gain firm footing. 

Therefore, it is no surprise then that the culpable owner of the building and factory owner, along with the guilty government officials, are yet to be punished four years later. It is true that in order to protect its image, the government has sent the accused of Rana Plaza and other incidents to the docks at a lightning speed. But four years on the trials have slowed down such that there's still uncertainty regarding the future of this case. 

It was also important to establish a national committee with local experts to ensure immediate measures by building our national capacity. In this regard, the National Action Plan still has not been able to play an effective role. Instead, dependence has grown on the Bangladesh Accord on Fire and Building Safety Accord (in short Accord) and the Alliance for Worker Safety (in short, Alliance). This dependence and their interference on a crucial national issue not only raise questions about our very sovereignty, but also highlight our government's unwillingness to enhance our national capacity. 

After the Rana Plaza collapse, public support for workers was created in Bangladesh and around the world. But it appears that the state, factory owners and foreign buyers are apparently trying their best to make sure that workers cannot become a democratic force. That's why instead of ensuring workers' rights, they are making workers dependent on aid and kindness of others. At times, they suppress workers' demands for higher wages or effective trade unions in such a way that it seems that the government is unable or unwilling to understand how our nation's capacity is linked to our workers. The government and factory owners are yet to understand how the workers' movement can play the role of a vigilant sentinel in our country's industrial development. We can say without doubt that if legal and democratic rights are provided to the workers, there will be uninterrupted industrial development while building national capability at the same time. This capability, in turn, will enable us to successfully combat incidents such as the Rana Plaza collapse, thereby taking forward our budding garments industry. 

Taslima Akhter is President, Garment Sramik Samhati and teaches at Pathshala South Asian Media Institute