Legal aid for workers
Legal aid for workers:
Muhammad Mahdy Hassan :
Honorable
Prime Minister of the People's Republic
of Bangladesh, Sheikh Hasina made a
declaration in 2013 to establish separate Legal Aid Cell Office aiming to
provide legal aid at free of cost for the workers who are deprived of getting
access to justice. Although the government enacted the Legal Aid Services Act (LASA) 2000 (last amended in 2013),
workers have been continuously victimized by their employers. Female workers
are particularly facing discrimination in the workplace, including denial of
maternity leave, child care on site, sexual and verbal harassment and
termination of job without following due process.
People experienced a shocking
disaster of Rana Plaza collapse on 24 April 2013. In the aftermath of the
incident, a new concept of providing legal aid for the workers was endorsed by
the Ministry of Law, Justice and Parliamentary Affairs and thereby National
Legal Aid Services Organization (Hereinafter NLASO) established for the first time a Worker's Legal aid Cell at
the premises of Dhaka Labor Court on 2 May 2013 with the technical support from
Justice Sector Facility (JSF) project of the United Nations Development
Programme (Hereinafter UNDP) and DFID.
The Cell is now fully functional to
provide free legal aid services; like (i) providing legal advice, (ii)
conducting mediation to settle disputes as Alternative Dispute Resolution (ADR) process and to draft grievance
petition, (iii) engaging Legal Aid Panel Lawyers and representing cases in the
labour courts, (iv) raising awareness about worker's rights in industrial
areas, (v) providing capacity development of Panel Lawyers, (vi) running a
hotline services for both national and migrant workers in providing
information, and (vii) conducting training programs for Trade Union leaders and
so on. Workers from all 17 districts of Dhaka division are now enjoying the
legal aid services from the Cell. Since its inception, it is reported by NLASO that a total of 6,027 workers
accessed the services and thereby an amount of BDT. 2,759,618 was recovered
from the employers as compensation to directly provide the victims by the
intervention of the Cell.
To expand the legal aid services, NLASO has recently established another
Worker's Legal Aid Cell Office at Chittagong Labour Court that is fully
operational from 21st of July 2016 while UNDP Bangladesh provided technical
support under its Women's Access to Justice Project to establish the Cell as
Chittagong is considered to be the commercial capital of Bangladesh having the
most number of industries in different sectors like RMG, ship breaking, steel manufacturers, packed foods etc.
To safeguard the interests of
thousands of workers employed in those sectors, the Cell will be providing more
or less the similar services compare to the services provided by Dhaka Cell
Office. The Cell is now under the direct supervision of the Chairman of the
Labour Court. A special committee will be formed soon to monitor the daily
activities. In addition, NLASO will
also monitor the progress.
It is worthy to note that workers
from different areas are coming to both Cells to avail legal aid services.
However, the two Cells should be equipped with utilizing innovative ways; e.g.
disseminating SMS, developing and distributing awareness materials like posters
and leaflets, broadcasting Public Service Announcement (PSA) through community
radios and televisions, and using social media so that target people can reach
the Worker's Legal Aid Cell. Two Cells are not adequate to provide the legal
aid services to the workers of whole Bangladesh. The government, policy makers,
civil society, local and international NGOs, UN specialized agencies like UNDP
and ILO, donors like USAID and DFID, and existing Labour Union leaders
and other stakeholders should work altogether to establish more Cells in
remaining divisions of the country in order to achieve the goals of Worker's
Legal Aid Cells.
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