Bangladesh

The enthusiasm with which the convention of the rights of the child was received in Bangladesh quickly dissipated as difficulties in implementation arose. It is recognized both by the government and civil society that countless children in Bangladesh are routinely denied their basic human rights. However the scope of the problem is such that for too many children the promises of the convention remain hollow. Millions of children still receive no education, work long hours under hazardous conditions, or languish in inhumane conditions in institutions. Others live in slums or squatters' camps without proper hygiene or sanitation.

It remains for organizations like Phulki to come forward and tackle some of these problems. If we are to have a healthy and intelligent population, special attention must be paid to the physical and mental well being of the young. To do nothing is to condone this blot on our national consciousness. In trying to provide the right atmosphere for the psycho-social development of both women and children Phulki has begun to process brining a quality of life that will have a lasting effect for those touched by our work.

Dhaka

The capital city of Bangladesh receives more than a million rural migrants a year! Most are forced to live in the many slums that have grown up in most unsanitary conditions. Often all members of a migrant's family have to work for sheer survival. Mothers who traditionally stayed at home to care for their children must now work either in garment factories, as brick chippers on building sites or in domestic service. Under these conditions infants and children are left in the care of their older siblings at the expense of their own welfare and schooling. They thus loose their childhood. In some situations young children are completely neglected and left to live off the streets. In all such cases, the children of the poor are faced with extreme sufferings. Some poor working mothers have to raise their children as single parents yet have to work to survive. However with Phulki's help, for the first time these women realize they do have the ability, capacity and the right, to lift themselves out of their predicament.

Women

In 1997 the United Nations Development Program's (UNDP) Human Development Report found that out of 175 countries, Bangladeshi standards of women's employment, management and leadership positions, left them way below average in 144th place.

Much of the struggle for women's empowerment stems from rural patriarchy and the discrepancy between statute and practice in the towns. Cultural and religious taboos on male and female interaction have been the greatest obstacle to women's ability to move away from gender stereotyping and stigmatized rules. Although in moving to the city to work women are breaking many of these taboos once they arrive in Dhaka and other industrial centers they face new barriers to their welfare. Laws that regulate women's working hours and conditions are not always accurately implemented. Also they often do not take account of the religious personal law systems which enhance existing vulnerabilities in the legal system and affect and victimize the personal lives of the citizens, especially women.

Nevertheless in leaving their homes to work women face the problem of having to work to support their children yet being unable to support their children whilst they are at work. Rural female migrants are mostly illiterate and suffer from malnutrition and other diseases. They are mostly aged between 15 and 30 and have children that desperately need their support. With no-one to look after their children but desperately in need of work they must leave their children unattended inside their homes or exposed to horrendous conditions outside.

Phulki wants to ensure that women can work to better their lot without compromising the safety and happiness of their children. As women make up 80 per cent of the garment industry workforce it is here that the pioneering work of establishing day care has begun. By providing child-care, women's access to employment will increase; the efficiency and skill of those already working will be improved and with peace of mind mothers will contribute a higher level of productivity. With the knowledge that their children's mental and physical development is being nurtured safely there is less absenteeism and a stronger, more motivated workforce. Phulki is therefore creating a system that is highly profitable for the employer, employee and dependent children. It is therefore a system which can be sustained well into the future; a win win situation.

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Laws

 

Existing Laws that relate to women and children

The Child Marriage Restraint Act 1929: Provides punishment for a male adult marrying a child below 16 years of age. It also prescribes punishment for parents and guardians who play a part in child marriages.

The Suppression of Immoral Traffic Act 1933: Provides for the punishment of forcing a girl under 18 years into prostitution. Abatement by one having custody or charge of the girl is also a crime.

The Children (Pledging of Labor) Act 1933: It was made an offence to pledge a child into labor or employ a child whose labor has been pledged.

The Employment of Children Act 1938: Regulates the employment of children in specified industries and occupations and provides for punishment of the employer contravening the provisions of the Act

The Maternity Benefit Act 1939: Regulates the employment of women for certain periods before and after childbirth and provides for the payment of maternity benefit to them by the employer.

The Maternity Benefit (Tea Estate) Act 1950: Prohibits the employment of women in tea gardens or processing factories for a certain period before and after childbirth with payment of maternity benefits for the period.

The Minimum Wages Ordinance 1961: Set a minimum rate for juvenile (under 18) workers and provides for punishment and contravention.

The 1965 factory's act obliged the management to provide childcare if the factory employees more than fifty (50) women. Practices to the contrary are punishable by law (Act No-iv, 1965).

The Children's Act 1974: Provides for the custody, protection and treatment of children and the punishment of young offenders by juvenile courts. It also deals with care and protection of destitute and neglected children. It provides, among other safeguards, for the punishment of special offences such as cruelty to children, employment of children for begging and exploitation of child employees.

1992, the Government of Bangladesh made the Dhaka Declaration for the promotion and protection of breast-feeding practice.

In 1994, the Government of Bangladesh agreed to support environment includes provision of child care and creche facilities at the work place.

In addition to these formal laws, there are a number of personal and religious laws, which mainly relate to social customs such as marriage, divorce, guardianship, adoption and inheritance, according to religious prescriptions.

In 1995, the Government of Bangladesh has decided to make it mandatory to provide onsite childcare facilities where at least 20 women work who have children below 5 years of age.

Existing Laws and Acts that relate to the Ready Made Garments (RGM) Industries

Hand book/service book: Every Worker has to have Hand book which contains the rules and regulation of factory.

Personal files (application, photo, age certificate, appointment letter): When a new worker joins for his/her a personal file has to be made which contains an application with bio-data, two copies photographs, age certificate or educational certificate as well as S. S. C. Certificate or Testimonial in where date of birth is included for age verification, and an appointment letter as document of her recruitment.

Maternity benefit register (Form-A, Form-B, Form-C, Form-D, Form-E, rules 3, 4, 9, 11 of “The Maternity Benefits Rules, 1953”): Any pregnant worker whose job duration has been 9 months she will get maternity leave and benefits. As maternity leave she will get 12 weeks leave and wages for this leave period.

Child crèche with proper decoration (The Factories Act, 1965; The Factories Rules, 1979): In a factory if female workers are 50 and more in number child crèche facilities must be provided with an attached wash room. In crèche space requirement for each child is 20 sq. feet.

Ventilation and temperature (The Factories Act, 1965; The Factories Rules, 1979): Due to huge machines and more people factory’s floor is found intensified with high temperature. To minimize temperature through factory’s floor adequate ventilation measures have to be taken such as for fresh air circulation windows must be opened in the working period. Exhaust fan must be installed if necessary.

Lighting (The Factories Act, 1965): Adequate lights have to be installed with the compliance of buyers requirement.

Drinking water (The Factories Act, 1965; The Factories Rules, 1979): Pure drinking water has to be supplied for workers as if for each worker 1 gallon pure water is allotted.

Latrines and urinals (The Factories Rules, 1979): Where females are employed, there shall be at least one latrine for every 25females. Where males are employed, there shall be at least one latrine for every 25 males. Provided that, where the number of male employees exceeds 100, and one latrine for every 50 thereafter.

Fire extinguishers (The Factories Act, 1965; The Factories Rules, 1979): To blow out fire extinguisher is an important equipment. Two types of extinguishers are available such as Co2 and ABC dry powder. The proportion of Co2 and ABC dry powder is 1:2 and for each 1000 sq feet space one extinguisher is required.

Fire fighting equipments (hose pipe, gas mask, bucket, blanket etc.) (The Factories Act, 1965; The Factories Rules, 1979) : Required hose pipe must be covered 835 meter area on the factory floor. For any factory minimum 10 gas masks have to be remained. In every factory there shall be provided and maintained two fire buckets of not less than two gallon capacity each for every 1000 sq. ft. of floor area subject to a minimum of four such buckets on each floor. At all time these buckets has to be kept full of water; apart from this may be full of sand if as required.

Fire evacuation plan (The Factories Act, 1965; The Factories Rules, 1979): Evacuation plan is an important tool for fire escaping. For each section an evacuation plan should be posted in where arrow marking is drawn clearly by which workers easily realize if remain firing incident whose route she/he use to for escaping.

Yellow marking on the floor (The Factories Rules, 1979): On the floor under fire fighting equipment and first aid boxes are marked with yellow diagonal line. Aisles are clearly marked on floor with arrow symbol.

Aisles free from obstacle (The Factories Rules, 1979): All time aisles should be free from cartoon, machine, and other materials.

Fire alarm, smoke detector (The Factories Rules, 1979): Fire alarm must be installed on the floor as if workers may press its button when fire incident would be occurred.

First aid box (according to the list of “The Factories Rules, 1979”): For 50 workers first aid box should be installed and each box must be properly equipped.

Dining facilities (The Factories Rules, 1979): The dining hall shall accommodate at least 30 percent of the workers working at a time. Provided that, in any particular class of factories, the Chief Inspector may, by an order in writing in this behalf, alter percentage of workers to be accommodated. The area in dining hall shall be not less than 10 sq. ft. per worker to be accommodated.

Discharge (The Employment of Labour (Standing Orders) Act, 1965): Workers may be discharged from service for reasons of physical or mental incapacity or continued ill-health or such other reasons not amounting to misconduct.

Dismissal (The Employment of Labour (Standing Orders) Act, 1965): Dismissal means the termination of services of a worker by the employer for misconduct.

Termination (The Employment of Labour (Standing Orders) Act, 1965): Factory’s authority if desired may terminate a worker from his job which is regarded as termination. There is a condition here in case of termination either before 120 days he must send notice to him or if incapable to send notice he has to give wages for those days.