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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh



Issue No: 228
March 4, 2006

This week's issue:
Human Rights Analysis
Human Rights Monitor
Human Rights Advocacy
Law Event
Rights Investigation
Rights Corner
From Law Desk
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Human Rights Monitor

Fire in garments factory: Where have the owners gone?

OVER the last 15 years there have been 32 incidents of garment factory fire and 291 people were killed in the fire related occurrence. (Ajker Kajoj-April 27, 2005). It is known to all that the garments industry provides well over $8 billion a year in export earnings and it is no exaggeration to say that the workers of these factories are the backbone of our economy. A report of the daily Prothom Alo suggests that there are over 1,500 garment factories that are highly unsafe and that there an accident is waiting to happen. There is no accountability on owner's side and as usual after this type of accident the owners/management of the factories are found no where! Lack of emergency rescue service and one stop service for the injured workers make the situation worse.

At least 54 workers were killed and over 150 badly injured in a fire at a composite textile factory. A factory of KTS, a composite textile mill of Arina Group, at BSCIC Industrial Area in Kalurghat, Chittagong at around 7:20pm on February 23, 2006. Some 1,200 people worked in two shifts at the KTS factory of Arina Group. Around 600 workers were inside the building when the fire broke out and most of them were women and children. Witnesses said the lethal fire caused by a boiler explosion on the first floor quickly spread and seized the entire building. Victims informed that the ground and first floors of the building were used for garments production, and the second and third for textile. The injured alleged that most of the workers were trapped in the inferno as authorities locked one of the two exits of the building. Raju (15), now admitted in CMCH informed that he along with some other co workers went to the downstairs and found the gate locked, then they broke a window in upstairs and managed to escape.

"Many of us had to get out of the building using ropes, bamboos and other construction materials. But most of our female colleagues could not follow us and remained trapped inside," Hasan, an injured worker, told Odhikar. Fatema, one of the workers of this factory, informed Odhikar that another fire accident took place at the same factory on February 4. But, that day the workers could escape immediately. After that accident, the factory management closed one of the two collapsible gates on each floor. Taslima (13/14) one of the survivors of the incident told Odhikar, "I was working in the second floor and saw staffs rushing towards the staircase. When I asked them about what was happening they said nothing." The male staffs jumped from the window but they didn't inform the girls about the incidence of fire. "If they were informed earlier possibility survived", more would have added Jotshna (11). She also informed that her mother paid for her medicine and there was nobody from management to look after.

Responsibility of BGMEA
Bangladesh Garments Manufacturers and Exporters Association (BGMEA) formed a 7-member committee headed by its first Vice President SM Abu Tayyab to probe into the devastating accident and the committee is working on that. They also cancelled the provisional certificate of KTS mill, bear the medical expenses for the six severely burnt KTS workers who were shifted to the burnt unit of Dhaka Medical College, and working for compensation to the dead and the injured workers and financial assistance to all the factory-fire affected people. The association also took an initiative to employ the workers of the KTS mill to other factories, as the gutted factory virtually remains closed. "We also talked with the management and owners of the KTS factory and they assured us that they will pay the due salaries of the workers," Mr. Tayyab said. "An accident may occur, but we have to take steps to prevent any loss of life in case of any mishap," the BGMEA vice-president further said.

Cases against the owner
A case was filed by the local police station, (case number-10) on February 24, 2006, with section 338,304, 304(a) 34 of the Penal Code. Investigative officer of the case, Samsuddin Bhuian informed Odhikar that administration and production director of the mill, M Sadat Ullah, 45, and an accountant of Vintage Textile Mill, a sister concern of KTS Textile Mill, named Mohammad Kamrul, 29 were arrested and the investigation was going on. On the other hand Inspector of the Department of Inspection for Factories and Establishments also filed cases against the owner on the ground of not informing them within 24 hours, for keeping the gates closed and for not having approval for the working hours.

What it should be
As per the regulations a garment factory should have three gates. At the end of a shift and during any emergency all the gates including the emergency route have to be completely opened. The survivors said both the main gates were closed, with only the small entrances in them open during the accident, while the fire escape was full of smoke and flames, making it too hard for them to come out that way. All the seven guards manning the gates fled without opening them when the fire broke out, said some staff of a neighbouring factory preferring anonymity. At one stage, the workers with the help of local people broke open both the gates. From newspaper reports it was also learnt that some firemen found many of the collapsible gates in the passages of the factory floors closed and had to break them open.

Taslima, one of the survivors, informed Odhikar that though their stairways are spacious than other garments but that remain almost blocked with paper boxes and other stuffs. On the day of incident the gate was locked by the guards.

The building has two huge gates in front, besides another in the north used exclusively by the office staff. There is another narrow and spiral fire escape in the north. But none came to any help on the day.

Compensation
For claiming compensation warisan (their) certificate, a certificate from the local chairman/ward commissioner and death certificate are required. But the situation is not so simple. As the factory was burnt totally there is very little chance to find out the records of the workers while to prove someone as a worker their relatives have to show the above-mentioned documents. But how to verify? This is not very easy task. Most of the workers of that factory came from different parts of the country and the ratio of local people was very low. Death certificates were not issued properly. From the hospital emergency and ward master office it was informed that 12 death certificates were issued to unidentified dead bodies. From BGMEA it was informed that they identified 17 dead bodies and they were working for their compensation. They also informed that KTS has another office in city and BGMEA hope that they can rescue details about the workers from that office. On the other hand The Daily Star reported that twenty dead bodies had been identified until February 25, 2006.

Concluding remark
Garments workers are one of the main sources of our foreign exchange earning and as per the rules and regulations of the garments industries the factories must meet some requirements. Safe and secure working environment is the fundamental right of the workers. From the international human rights instruments to our domestic laws worker's rights are protected but in our country due to lack of the enforcement mechanisms and unwillingness of some people these problems remain unsolved. This type of incident must also be investigated properly and those found liable must be punished. Exemplary punishment for those who locked the gates after such incident and accountability of the owner should be ensured otherwise in near future we will be questioned for these types of gross human rights violations and may lose our foreign buyers.

PHOTO: AFP

 
 
 


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