OCCUPATIONAL HEALTH AND SAFETY

There is little dispute that life is more important than anything else, whilst any occupation is taken up by a person to live his/her life as a human being. However, the garment factories, especially their owners, seem to believe in the opposite, ie, a worker’s life has been created for work regardless of the working environment, times and wages.

Corporate social responsibility and workplace casualties in Bangladesh 149 because, several thousand workers have died at their workplace in Bangladesh over the past decade, but none has been punished for such irreparable losses to date.^[455] Despite the enormous significance of the garment sector for the national economy of Bangladesh, the incidents of deaths and fatal injuries used to fall on deaf ears until the collapse of an eight-storey building Rana Plaza in April 2013 which housed five garment factories. The Rana Plaza itself has killed at least 1,142 garment workers and seriously injured more than 2000 others, whilst 160 workers remain missing even after a year of the debacle.^[456] It unearthed the infinite miseries of millions of workers and reckless hunger for profits of the traders. The magnitude of the tragedy ‘not only shocks the conscience of humankind throughout the world, but also solicits our attention, assaults our moral propriety, and offends our sense of justice’.^[457]

To make the situation even worse, fires at garment factories have become almost a normal phenomenon, whilst collapse of the factory buildings occurred several times in the past. Recurrent factory fires have been causing garment workers’ deaths for decades without any legal recourse being available to them. The devastating fire at Tazreen Fashions Ltd in November 2012 alone burnt down 130 workers when its nine- storey factory building caught fire originating from an unauthorised cotton store room on the ground floor.^[458] It is obviously shocking, but none might look up in surprise in the country, because the Washington-based International Labour Rights Forum (ILRF) found at least 1,000 workers had been killed, whilst 3,000 others were injured in

more than 275 incidents in garment factories alone in Bangladesh between 1990 and 2012.^[459]

The devastations caused by both the breakdown of Rana Plaza and burning down of Tazreen Fashions warrant condemnation in the strongest possible terms.

The international community for the first time woke up following such colossal losses of human lives which are virtually survived by the indefinable miseries of their hapless families. The International Labour Organisation (ILO) urged the Government of Bangladesh to take appro­priate measures to ensure safety of workers and to prevent the recurrence of such ‘entirely avoidable workplace tragedies’.^[464] The incidents also moved the Secretary-General of the United Nations who expressed his deep sorrow for those deaths, whilst the European Mission visiting Bangladesh to see the devastation themselves also joined others in expressing their shock.^[465] The United States, a vital customer of garment products, in its response to the catastrophes asked the government to improve safety conditions at the workplace and took a punitive measure by suspending Bangladesh from the Generalised System of Preferences (GSP) program which has not been restored to date despite repeated requests of government.^[466] The continued refusals of the United States to restore the suspended GSP conform to the reports of the British weekly newspaper, The Economist, that no serious effort to improve workplace environment have been taken to bring the safety standard acceptable to the international community.^[467] These clearly indicate that the inter­national pressures against the government and factory owners are mount­ing, and the US Senate Committee prescribes that the ‘surest way to guarantee the success of the apparel industry is to avoid another disaster by promoting and protecting labor rights now, while the world’s attention is on Bangladesh.

The Islamic law regarding corporations sharply contrasts to the ‘self­interested agents’ model of corporate governance, which is considered to be the most extreme view operating in the ‘ruthless economy’ with a ‘cowered labour force’ as Samuelson coins it.^[469] This model emphasises maximisation of shareholder value where the market force disciplines and controls the economic actors in a free market economy.^[470] The Islamic model rests on largely the stakeholder model of corporate regulation. Shari’ah encourages production of essentials for humans whilst imposes prohibition on financing goods and services that are in conflict with the Islamic values and principles (haram activities), such as, producing alcohol, facilitating gambling (maysir), engaging in usury (riba) and stimulating uncertainty (gharar).^[471] Further, the Islamic law also fosters the protection of environment, vegetation and even animals.^[472] It would be imprudent to argue that such prohibitions have been put in place for nothing. This is because all the prohibited things in business have negative impacts on human health and life.^[473] The Qur’an itself explains the justification for such prohibitions whilst it provides that ‘In them is great sin, and some benefit for people; but the sin is greater than their benefit’.^[474] The concern of this chapter goes far beyond any ordinary harm of humans because it relates to human life and safety.

The right to life is a universally recognised human right. In addition, it is a fundamental right in Bangladesh as enshrined in its Constitution.^[475] The Supreme Court of Bangladesh has pronounced on several occasions that the state has binding obligations to protect fundamental rights. For example, the Supreme Court in Ain O Salish Kendra (ASK) v Govern­ment of Bangladesh held that the state is constitutionally obligated to make effective provisions for securing the right to life, living and livelihood within its economic capacity.^[476] Consistently, Shari’ah provides explicit provisions for the protection of life and security of human beings without any discrimination being made based on any consideration as the Holy Qur’an ordains that ‘Take not life, which Allah has made sacred except through justice and law’.^[477] The importance of life given by the divine book is further evident in its words equating one life with that of the mankind, ‘that if anyone slew a person unless it be for murder or for the spreading of mischief in the land - it would be as if he slew the whole people, and if anyone saved a life, it would be as if he had saved the life of the whole people’.^[478] Obviously, this prohibition applies to

Corporate social responsibility and workplace casualties in Bangladesh 153 everyone without any discrimination against anyone and does ‘make it clear that Muslims are obliged to protect life wherever possible, as well as to be careful about how a life should be taken’.^[479]

Shari’ah is always in favour of discipline and adherence to the religious norms in every sphere of human life, thus it gives importance to justice and equality of treatment at work, and does permit hierarchies in corporate management.

Regarding compelling a worker to do a certain job, the Qur’an pronounces that ‘on no soul doth Allah place a burden greater than it can bear’.^[487] Also, workplace safety is required by the Qur’an itself which orders that ‘... make not your hands contribute to your (own) destruction (by refraining); and do good; indeed, Allah loves the doers of good’.^[488]

The Qur’an further says, ‘You are the best community which has been brought forth for mankind. You command what is right and forbid what is wrong and you believe in Allah.’^[489] These Qur’anic orders are reinforced by the words of Prophet Muhammad (SM) who said, ‘Do not ask them to do any job that is beyond their abilities and if you have to, then you must help them fulfilling such a work.’^[490] He has further advised employers to ensure fair labour practices that:

Your employees are your brethren upon whom Allah has given you authority.

Hence, Islamic law requires employers to provide acceptable working conditions to their workers and give them only reasonable kinds of work.^[492] All employees must be treated fairly and equitably and no discrimination is permitted in Islam. The Prophet enunciates in his last sermon reinforcing the people’s right to be treated equally as Allah has assured everyone’s enjoyment of bounties on earth that:

No Arab has superiority over any non-Arab and no non-Arab has any superiority over an Arab; no dark person has superiority over a white person and no white person has any superiority over a dark person. The criterion of honour in the sight of Allah is righteousness and honest living.^[493]

The foregoing discussion demonstrates that the treatment of Islam with workers is well protective of their safety, cooperative and healthy workplace. Prohibitions against forced labour and negligence about safe working environment are categorical and unambiguous. The principles of Shari’ah are in full alignment with the prevailing western law as well as

Corporate social responsibility and workplace casualties in Bangladesh 155 the standards set forth by the international community. Shari’ah seems to be one step ahead of the man-made law in that no other laws explicitly require an employer to be so kind and generous towards his/her employ­ees. This is so because Shari’ah requires employers to feed their employees with the foods they eat, and to provide them with the clothes that they wear as alluded to above. This is certainly distinctive from the conventional laws.

Shari’ah principles are applicable to the negligent or reckless conduct of garment factories with their workers. The employers or owners of the garment factories should adhere to these Islamic principles as long as they believe in Islam apart from the potential sanctions against the breach of the pertinent municipal law. But in practice, their conduct directly contradicts the Islamic principles. Tazreen mid managers reportedly compelled factory workers to stay at work despite fires, whilst its owner ignored the responsibility to ensure safe working environment for his workers. On the other hand, the owner of Rana Plaza along with the proprietors of the factories established therein allegedly forced the ill-fated workers to come to work despite the repeated public warnings of life-risk of the occupants.^[494] These clearly breach the principles of Shari’ah which impose liability directly on individuals as it does not recognise corporate separate personality unlike the man-made law. There­fore the owners and executives, instead of their corporations, bear the liability for the casualties mentioned earlier.^[495] This individual-centric responsibility denotes a significant difference between the concepts of corporate personality under the conventional law and Shari’ah in that ‘the corporation is no more than a legal entity that has no responsibilities that can be separated from those of the individuals who make up the organisation’ in Islam.^[496] Hence owners or employers and their executives have the primary liability for any lack of safety measures at the workplace.

Along the line of Shari’ah, the formulation and operation of several major international efforts to protect human life and workplace safety can

be found. The first global instrument on people’s rights is the Universal Declaration of Human Rights 1948 (UDHR). Its Article 3 pronounces that ‘Everyone has the right to life, liberty and security of person’, whilst it begins with Article 1 by reassuring that ‘All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brother­hood.’ So, any negligence or recklessness in protecting workers’ lives would breach this charter of the humankind.

Adding legal force to the UDHR, Article 6(1) of the International Covenant on Civil and Political Rights 1966 as ratified by Bangladesh^[497] states that ‘Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.’ Likewise, the International Covenant on Economic, Social and Cultural Rights 1966, to which Bangladesh is a state party,^[498] contains an explicit provision pertaining to workplace safety. Its Article 7 provides that ‘The States Parties to the present Covenant recognise the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:... (ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant; (b) Safe and healthy working conditions.’

The Cairo Declaration of Human Rights in Islam 1999, articulated in light of the Islamic principles, contains clear provisions concerning rights of workers. It incorporates, amongst others things, the right to work itself, the right to enjoy safety, security and social guarantee, the right not to be compelled to work beyond one’s capacity, and the right not to be subject to any harm. These rights are enshrined in Articles 13 and 14. Article 13 reads:^[499]

Work is a right guaranteed by the State and Society for each person able to work. Everyone shall be free to choose the work that suits him [or her] best and which serves his [or her] interests and those of society. The employee shall have the right to safety and security as well as to all other social guarantees. He [or she] may neither be assigned work beyond his capacity nor be subjected to compulsion or exploited or harmed in any way.

Article 14 adds that ‘Everyone shall have the right to legitimate gains without monopolization, deceit or harm to oneself or to others’.

Likewise, the Universal Islamic Declaration of Human Rights 1981 (UIDHR) having regard to the Qur’an and Sunnah categorically abhors slavery and forced labour.^[500]

Therefore, the Islamic international documents are clearly in complete agreement with the international law on workplace safety.

V.