Human Rights Monitor
Collapse
of Spectrum sweater industries and non-compliance of laws-
A review
Sheikh
Md. Salauddin
The
whole nation was shocked by the collapse of a nine-storied
building in the early hours of April 11, 2005 which was
situated at the Palashbari union of Savar Police Station
and used as the factory premises of Spectrum Sweater Industries
Limited
The
rescue operation was carried out by Army. According to
the Army, the rescuers had found a total of 69 dead bodies
and 89 injured while 7 dead bodies could not be identified.
The Police on the other hand claimed that it received
59 dead bodies. However, there are still workers who were
reportedly missing and had not been rescued from the debris.
Due to non-cooperation of the factory owners none of the
authorities responsible for rescue operation could authoritatively
determine the total number of persons who are still missing.
The rescuers further ascertained that more people might
have been rescued alive and the rescue operation could
have been conducted faster had the owners provided the
Rescue Team with the design of the building and the number
of the people working on each floor. Since the building
was surrounded by marshy land, a public canal and low
paddy fields, the rescue team had extreme difficulty in
setting up cranes around the building for removal of the
heavy concrete slabs and parts of the roof of the collapsed
building.
Probably
the single most negligent act that has caused the collapse
of the building is that the factory authority had obtained
building approval from Dhaka Cantonment Board not for
a nine storied building but only for a four storied building
but had constructed the additional floors above the four
stories in anticipation that the permission would be received
The
collapse of Spectrum Sweaters Industries Ltd. is a classic
example of systematic failure of the authority including
the government and the owner. The Concerned government
authorities failed to discharge their statutory duties
and responsibilities relating to building construction,
labour safety and welfare. In consequence of such failure
the owners of the factory were able to construct a nine-storied
factory building in manifest violation of the applicable
laws and regulations i.e. the Building Construction Act,
1952, the Factories Act 1965, the Savar Cantonment Act
1924, Savar Cantonment Building Bye-laws 1982 and the
Environment Conservation Rules 1997.
The
provisions of many other laws have been breached including
the mother constitution i.e. Articles 11, 14, 15, 21 27,
31 and 32 of the Constitution of the Peoples' Republic
of Bangladesh, the Penal Code 1860, the Fatal Accidents
Act 1855, the Workmen's Compensation Act 1923, the Employers
Liability Act 1938, the Factories Rules 1979, the Bangladesh
Environment Conservation Act 1995, Town Improvement Act
1953, the Building Construction Rules 1996 etc.
By
name different Ministry have failed to discharge their
respective duties regarding this horrific and tragic accident.
They also failed to comply with their statutory obligations
to take effective and timely measures to investigate acts
and omissions resulting in the collapse of the said building
and the resulting loss of life and grievous injury to
the persons inside the building, specifically they failed
to dig out the causes of the collapse, identify and apprehend
the persons including the owners and those entrusted with
the management of the factory in question. Also to seize
all relevant documents and material exhibit in order to
ensure that the evidence necessary to identify the causes
and establish the liability, civil and criminal, of those
responsible for the collapse of the building and the consequent
deaths and grievous injuries to those within the building,
provide appropriate and effective compensation to the
injured victims, and the bereaved families of those workers
who died in the incident; even the authorities have failed
to arrest the persons responsible for this heinous act.
Besides the ministries and Spectrum Sweater Industries
Ltd. including the Chairman, the Managing Director, Director
of Spectrum Sweater Industries Ltd the following persons
or authorities can be held responsible i.e. The Deputy
Commissioner Dhaka, Chief Inspector of Factories, Department
of Environment, Savar Cantonment Board, Bangladesh Fire
Service and Civil Defence, Inspector General of Police,
Superintendent of Police, Dhaka, Officer-in-Charge, Savar
Police Station, Bangladesh Garments Manufacturers and
Exporters Association (BGMEA),.
The
Officer-in-Charge of the Savar Police Station lodged Case
No. 48/372 with the Savar Police Station against the owners
of the industries under sections 304 (A) and 338 of the
Penal Code of 1860. The First Information Report (FIR)
mentioned that the building of the Spectrum Sweater Industries
Ltd. was constructed on weak foundation and without following
the rules. Referring to the general diary no. 642 dated
11 April, 2005 filed by the Authorised Officer-3 of the
RAJUK, the FIR further noted that the building had no
approval from the RAJUK.
Regarding
the injured workers meeting the expenses of the treatment,
BGMEA through a newspaper advertisement stated that the
owners of the factories have decided to pay compensation
to the legal heirs of the deceased workers and for that
the heirs should submit to the BGMEA Secretariat by a
set of relevant papers including a copy of the FIR, inquest
report, pictures attested by the local Chairman, certificate
given by the local chairman and the appointment letter.
It is apparent that the BGMEA has not sought any cooperation
or supply of evidence of employment from Spectrum Sweaters
Industries Limited and the burden of proof has been left
entirely upon the victims, which is wholly unjust and
unreasonable burden. Imposition of such a heavy evidential
burden upon the bereaved families shows the lack of sympathy
and genuineness. Accordingly it was reported in the newspapers
that the legal heirs of 24 deceased workers received from
the said respondent a sum of taka one lakh of which 21
thousand was claimed to be paid under the Workmen's Compensation
Act, 1923. While the issues of compensating and rehabilitating
of the victims remain unaddressed, it has been reported
in the dailies that the management of the factory has
declared a Lay off till 30 May, 2005 meaning further uncertainty
to the workers/employees of the said factories.
It
is worth mentioning here that the laws relating to compensation
are very old and needs to be updated within no time. It
should be amended taking in to consideration the social
condition, similar laws of neighbouring countries etc.
Immediately
after the collapse of the said industries the Human Rights,
women rights, Legal Aid, labour rights and environmental
organizations and Activists showed their grave concern
and demanded the following remedies to be fulfilled:
*
The garment building collapse in Palashbri be treated
as an instance of gross criminal negligence and owner
should be prosecuted.
*
To ensure that the investigation team in Palashabari is
comprised of representatives from human rights, women
rights, legal aid, environmental organizations and as
well as architects and engineers for facilitating an impartial
and fair investigation
*
To elicit specific statement in relation to the garment
factory collapse from the chief inspector of factories.
*
To make available comprehensive list of injured, dear
and missing workers and account for the responsible person
who was in charge of keeping the attendance card on the
date of the accident.
*
To identify and initiate legal action against the similar
accident prone and faulty buildings and blacklist all
the faulty factory owners and make the list public
*
To ensure compensation for the victims and their families
as stipulated under Fatal Accident Act 1855
*
To ensure alternative stare case in every factory for
safe entry and exit during emergency situation like fire
and other fatal accidents.
Despite
being statutorily required, the government and the owners
have utterly failed to ensure safety at the working place
thus undermining the legally recognized rights of the
workers to safety and protection and till today the concerned
authorities have failed to ascertain and disclose the
actual reason for the collapse, the persons responsible,
the legality of the construction, the ownership of land
and the measures to be taken by the offenders to adequately
rehabilitate and compensate the victims.
The
Spectrum authority is also guilty of corporate manslaughter.
Corporate manslaughter is a crime that can be committed
by a company in relation to a work-related death. If the
director or manager is found guilty, the company is guilty;
if the director or manager is found innocent, the company
is innocent
The
tragedy of Savar and other tragic incidents of fire in
the garments industries have claimed around 315 invaluable
lives in the last 15 years that clearly demonstrates gross
violation of applicable legal provisions by the owners
of garments factories regarding workplace and workers
safety, welfare and security. There are also serious lacking
of monitoring by the concerned authorities regarding the
operation of the garment industries and also the compliance
with applicable laws, legal provisions and the Judgment
dated 31 May, 2001 in Writ Petition No. 6070 of 1997.
In this writ petition the Hon'ble High Court directed
the government to take legal actions against all the faulty
and unregistered garments factories and also directed
the garments factories to provide sufficient number of
Staircases and exit doors (at least two). The regulatory
authorities were directed not to issue licenses where
the factories do not comply with the Factories act and
Fire service rules; the Bangladesh Bank was directed to
make a circulation directing all the Banks not to allocate
loans to the factories that do not have license or registration.
But experience shows none of the above is complied with.
Regarding
the collapse of Spectrum Sweater Industries it is necessary
to appoint an independent commission comprising members
from Human Rights, Legal aid, Women rights, labour rights
groups, Retired Justices, Legal experts, Engineers, architects
etc. to (i) investigate into the causes of building collapse,
ownership of land, legality of the construction; and (ii)
to assess and determine the amount of compensation to
be payable by the responsible persons to the victims of
the collapse in line with the Fatal Accident Act 1855,
the Employers' Liability Act 1938 and the Workmen's Compensation
Act 1923.
Beside
this, the amount paid by BGMEA should be treated as "interim"
and not a final settlement and the government and the
owner must be made liable to ensure that the victims are
reasonably compensated and rehabilitated in accordance
with the provisions of the Fatal Accidents Act, 1855,
the Workmen's Compensation Act, 1923, the Employers Liability
Act, 1938 and other applicable laws and judicial decisions.
All
the investigations conducted by the Deputy Commissioners
office, RAJUK and BGMEA should be made public and also
the owners must be compelled to produce a complete list
of workers/employees of the Spectrum Sweater Industries
Limited so that the people can know the fact that caused
the disaster and actual number of victims..
Within
a reasonable time the government's concerned authority
must complete list of garment factories operating in the
country and monitor their compliance with building construction
laws, laws on establishment, operation and safety of factories
and their workers, and also the judicial pronouncement
of the higher court. The government must also equip the
fire service department with modern and sufficient rescue
equipment's and training to efficiently encounter disasters
and minimize loss and sufferings.
Accidents
in the garment factories, launch disasters and road accidents
have been claiming thousands of lives every year but the
authority is doing nothing. The collapse of Spectrum Sweater
Industries Limited might be an awakening call for everybody.
It is now high time to rethink and comply with the laws
otherwise there could be another unimaginable manmade
disaster is approaching and it is just a matter of time.
The
author is an advocate, Supreme Court of Bangladesh and
at present working for BLAST.
