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On the current situation in India and Bangladesh - FEMNET webinar summary

On 15 September 2020, FEMNET, together with three activists from India and Bangladesh, held a webinar on the current situation on the ground. They reported easing labour laws in India, increasing child labour and gender-based violence in factories, and fatal contract systems. With their work, they currently support those affected directly with food, but also legal advice. The situation is very serious, but the activists are fighting.

Easing labour laws

Many states in India are using the pandemic to loosen or abolish labor laws, reported Deepika Rao, program director of the NGO Cividep. These laws regulate, for example, protection in the workplace, working time regulations and the right to assembly. The laws are relaxed without parliamentary approval and are valid for 3 years. Labour law achievements of the last decades are reversed in this way. "We are being moved back to the 19th century, to pre-industrial British India, where the government and employers determine what to do and how employees should work," Rao said. Through the easing, governments hope to attract foreign investors and help small and medium-sized enterprises in particular. A project that has not yet had any effect due to the international crisis. Currently, no further investment in the industry is expected, says Rao. The central government of India came under pressure from these legislative easings, which are a clear violation of international labour law conventions. Both the International Labour Organization (ILO), as well as initiatives such as the Textile Alliance and companies, appealed to the Prime Minister of India, Narendra Modi, not to tolerate these easings.

According to official data, there are no easing of labour rights in Bangladesh. The activist and leader of the Bangladesh Center for Workers Solidarity (BCWS), Kalpona Akter, however, fears that Bangladesh could follow the ‘model’ due to the influence of the Indian government. Although there are no official legal restrictions so far, there are nevertheless many violations of existing labour rights, according to Akter. As an example, she cites wage cuts for textile workers. Large companies had demanded an enormous price reduction for already ordered goods due to the crisis. Many employees received 40% less salary. And this with a wage that is not enough to live on in full.

The temporary employment trap

About 80-90% of the nearly 200,000 workers in Tiruppur in the state of Tamil Nadu work within a temporary worker system, reports Mary Viyakula, Managing Director of the aid organization SAVE. The factories employ migrant workers who recruit agents from other parts of India. The employment relationship exists between the agents and the workers, with the agents often also working in the factory themselves. The workers have no influence on the agreements between the factory and the agents. As a result, there is no direct communication between the actual factory owners and the temporary workers. The agreements between them and the agents are oral, written contracts are missing. Thus, the factory owners also have no knowledge of how many people actually work in their factories.

According to Viyakula, with the lockdown, 80% of these agents disappeared from one day to the next, causing the workers to lose their jobs and no longer be able to claim outstanding wage claims. The central government demanded that the factories continue to pay wages. However, the factory owners point out that they cannot pay them due to the cancellations, but would partially supply their employees with food. In contractual terms, however, this only applies to employed workers and not to temporary workers. This led directly to famine among the workers who had no reserves.

Aid organisations also face major challenges in this contract system, as the exact number of workers cannot be determined due to a lack of registration.

Financial dependence increases child labour and gender-based violence

After the lockdown at the end of May, many migrant workers returned to their home provinces. As a result, labour shortages arose when production resumed. Therefore, more and more children are now being employed in the factories. At the same time, families are dependent on any kind of income, which is why they cannot sufficiently protect their children from exploitation, explains Mary Viyakula of SAVE.

BCWS activist and chair Kalpona Akter reports an increase in gender-based violence from Bangladesh due to severe financial hardship. "The fact that the workers are dependent on their employer increases the violence against them. From the factories we hear that women receive immoral offers to secure their jobs," Akter said. During the lockdown, pregnant women were also the first to be released in order to avoid payments during maternity leave. The fear of losing the job and thus the income leads to the fact that the workers hardly defend themselves or complain. Nevertheless, the activist calls for: “We need to make our voices louder against gender-based violence!” BCWS continues its educational work and advice for those affected during the corona crisis.

What aid measures have been taken so far and how have they been implemented?

The organization SAVE in Tirupur began its relief efforts immediately after the lockdown. They distributed food to workers and their families. Cividep, which focuses on advocacy, education and campaign work rather than emergency aid, had to reorganize at the beginning of the crisis. Meanwhile, they also support seamstresses and their families with food. BCWS is stepping up its fight against gender-based violence. They provide information and legal advice for those affected.

How FEMNET supports the work of its partners

As part of the Textile Alliance, FEMNET supported the creation of guidelines for responsible purchasing practices in times of Covid-19. In addition, violations of workers' labour rights are documented with the help of local partners. As part of the German campaign for clean clothing, FEMNET is committed to wage security for local workers. Companies should publicly agree to pay for finished orders and not renegotiate commodity prices in order to avoid wage cuts in the producing countries. FEMNET also calls for workers' health to be protected by appropriate measures and equipment during the pandemic.

In addition, FEMNET is committed to enacting the currently highly discussed Supply Chain Act in order to achieve a legally binding framework for the protection of human rights and the environment.

In addition, FEMNET has been supporting the work of its local partners since the beginning of the crisis with the establishment of the Corona Emergency Fund. With the donations, more than 5,000 seamstresses and their families have already been supported.