Can U.S. Trade Policy Help Safeguard Workers’ Rights in Bangladesh?
By Shamarukh Mohiuddin   
Wednesday, 17 October 2007

Amidst all of Bangladesh’s economic woes, the rise of the garment industry has made for a sunny economic story. After taking off in the 1980s, the industry now accounts for more than 75 percent of the country’s export earnings, and provides jobs to over two million women.

Trade barriers

The majority of Bangladesh’s garment exports are destined towards the United States. But they do not receive particularly friendly treatment by U.S. trade policy. Foreign imports of textile and garments into the U.S. are slapped with duties ranging up to 20%. As a result, countries like Bangladesh and Cambodia, which send significant volumes of garments each year to the U.S., face almost $500 million in duties, in spite of being among the Least Developed Countries (LDCs) of the world. Absent these duties, Bangladeshi garment exports would grow faster, and the industry could potentially hire a few more millions of women.

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Garments have been the main engine of exports growth in Bangladesh. Data source: BGMEA
Bangladeshi officials, business owners and civil society leaders have long been proponents of duty free access to the U. S. market. In a letter dated March 15, 2007, Shirin Akhter, president of Karmajibi Nari (Association of Working Women) wrote to the United States Trade Representative: “We strongly believe that the U.S. [and other developed countries] should provide duty free and quota free market access for all products originating from LDCs…More than 2 million workers of this sector are women, whose livelihoods along with their family members are directly related with the export performance of this sector.”

Clash of interests

A few members of the United States Congress have stepped forward to respond to such calls. For example, Senators Max Baucus, John McCain, Diane Feinstein and Gordon Smith, as well as Representatives Joseph Crowley and Jim Kolbe have tried repeatedly to pass laws to allow Bangladesh and other poor countries to export garments and other products, free of duties. But such measures have had no success because American labor unions and garment and textile producers have lobbied intensely to hold on to these duties.

The American textile and garment makers constitute a tiny, almost invisible, fraction of the U.S. labor force, and the membership of labor unions has declined over the years, but each group retains enormous political influence. A popular argument of these groups has been that labor standards in Bangladesh and other poor countries are just too low to justify giving them duty free market access for their manufactured products. They contend that if duties are eliminated, U.S. companies will shift production to Bangladesh, attracted by the low costs associated with poor labor conditions.

Meanwhile, Congressman Jim McDermott aims to introduce legislation once again to eliminate duties for the poorest countries, including for most of Bangladesh’s garment exports. This time, however, Bangladesh would be required to make significant improvements in its labor standards and pay better wages to its factory workers in order to receive duty free access to the U.S. As a first step, Bangladesh must pass laws that enshrine the five core labor rights as defined by the International Labor Organization and demonstrate that these laws are being enforced.

Rights and duties

The core labor rights include: (i) freedom of association, (ii) the effective recognition of the right to collective bargaining, (iii) the elimination of all forms of compulsory or forced labor, (iv) the effective abolition if child labor including the worst forms of child labor, and (v) the elimination of discrimination with respect to employment and occupation.

This is a tall order for Bangladesh, but it is also reasonable demand, and should be seen as a strong incentive to improve. For years, we have been asking for the elimination of U.S. duties that penalize our strongest industry. There is now a golden opportunity to get what we want, but only if our government and corporate leaders step up to the challenge of improving labor conditions.

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A garment industry worker holding a placard at a non-violent protest to demand better protection of rights. Photo by Drishtipat.
It is no secret that workers’ rights in Bangladesh are continually threatened. In several instances, workers have been fired for trying to bargain for a fair wage. There is wide documentation, both by local and international NGOs, of abusive behavior and poor conditions in factories. The government’s response has thus far been weak. Government officials have been largely oblivious to the issue of unfair wages, and penalties for abusive treatment of workers have been met with nominal fines that are not high enough to change behavior. There is rarely any prosecution of violators, and the judicial system is a quagmire as far as fair trials are concerned.

Progressive citizens expect that Bangladesh can do much better to safeguard the rights of its workers. The traditional response of our government officials and corporate leaders to Western demands for higher labor standards has been that Bangladesh’s poverty situation prevents it from doing any better. It may be true that low labor standards are linked to poverty, but such a response is misguided.

Better enforcement of labor standards, such as the right of workers to bargain collectively, would in fact have a salutary effect on poverty. Workers will have the ability to demand better wages without fearing retaliation, and this will have an equalizing effect on the income distribution. . And better wages for a factory worker means better living standards for a family of six.

The right incentives

Our corporate leaders—and not just the garment business owners—would be wrong to contend that they do not have the means to offer better wages and conditions. Over the years we have seen more and more BMWs emerging on Dhaka’s streets. It behooves wealthy business owners, who often are owners of multiple houses and automobiles, to offer better conditions to the workers who are responsible for their success.

At the same time, the expectations of the U.S. policy makers must also be kept at a reasonable level. It would be a gargantuan, possibly impossible, task for Bangladesh with its 150 million people to establish and enforce the labor conditions of rich industrialized countries throughout its economy within a short time, given all its other economic trials as an LDC.

U.S. Congressman McDermott has rightly proposed that a portion of Bangladeshi garments should come in duty free. He proposes additional reduction of duties only when Bangladesh’s labor standards resemble those of Western countries. This expectation is unrealistic considering that some of the most developed countries are yet to meet these standards. Instead, what the U.S. Congress should do is offer a system of gradually reducing duties on remaining exports from Bangladesh with incremental and demonstrable improvements in labor conditions. The efforts of the U.S. Congress here are a good start and should be welcomed by Bangladeshis. The government and corporate leaders should take the cue and start working for better labor rights in order to get what they have desired for long.


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Comments (31)
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1. 17-10-2007 21:00
 
Do you think Bangladesh government will agree to any kind of restrictions given by the US? How realistic are US's chances to provide gradual solution like you suggest?
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Zeeshan
2. 19-10-2007 15:44
 
Zeeshan--very little chance of the US doing this, but we will keep trying. As you may know, it is a challenge to get members of Congress to sell to their constituents any kind of idea of opening up trade with LDCs.
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3. 19-10-2007 16:07
 
The article says that US textile and garments makers lobby for tying trade to labor standards. This is not just textile and garments. US unions in other areas also have been doing this. AFL-CIO also took that position i believe. So the lobby is bigger than we think it is.
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rupa mallick
4. 19-10-2007 19:52
 
I already said that both textile/garment makers and labor unions make this argument:  
"A popular argument of these groups is that..."
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5. 20-10-2007 20:05
 
Thanks for replying. What about other countries that compete with Bangladeshi garments? Are they getting concessions we are not getting? What's China's deal? Sorry, lots of quesitons. But I think this is a very important issue you're talking about
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Zeeshan
6. 20-10-2007 20:50
 
isn't this something that the companies are doing, like gap or other companies? due to consumers pressure, arent they following strict labour standards in bangladesh and other countries? why should the us government get involved?
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Meenikat
7. 21-10-2007 18:36
 
The article mentions Karmajibi Womens Association. It makes sense why they want quota free trade and better labour protection. The big group influencing this issue in Bangladesh is BGMEA. The author should think what they think about labour standards. They don't want cost increase. Their already competing with other LDC garments exports. It's race to the bottom. But they are very influential with government in Bangladesh and they also have lobby in US and Europe. NGOs and human right groups naturally will cry for better labour treatment but you need BGMEA support if you want to influence people in the US because BGMEA can spend money and US Congress talks to lobbyists that can spend on their election campaigns. Simple formula.
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Md. Sabbir Islam
8. 22-10-2007 19:43
 
i was doing some internet research and it looks like the US hasn't even signed most of ILO's standards for protecting labour. US says these international standards will either contradict US laws or US laws are sufficient. so it's total double standard for LDCs to have to do sign these laws. remember how the rich countries got huge concessions from the LDCs on TRIPS and TRIMS during the WTO rounds? LDCs didnt get concrete benefits out of signing those treaties. it's the same thing going on. i don't think bangladesh should accept these tricks.
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Meenikat
9. 24-10-2007 12:47
 
Zeeshan, thanks for the questions. Some countries that compete with Bangladesh are indeed getting concessions, for example, Kenya, Mauritius, Mozambique and other countries in Africa which all get duty free access for garments. But they are smaller countries and their total share of the U.S. market is lower than Bangladesh's. China and India's garment exports are currently restricted but they will not be starting next year when remaining quotas come off.
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10. 24-10-2007 13:45
 
Meenikat: yes, U.S. companies are also trying to improve labor standards due to consumer pressure. However, they have been partially successful. The U.S. government has always been involved in labor capacity building--if you consider for example the Department of Labor's significant investment in Bangladesh to eradicate child labor in the 90s along with the ILO as well as its efforts in Cambodia. They should also continue to be involved especially since they are setting the strict standards for imports from BD.
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11. 24-10-2007 13:51
 
Mr. Islam: You are right on those points. I feel however, that BGMEA can do a much better job working with NGOs, labor groups and U.S. businesses to improve standards in Bangladesh. Members of Congress want to be convinced that BGMEA/BKMEA and others are engaging more frequently in multi-stakeholder partnerships to safeguard workers' rights before they are willing to open up the gates more freely for garment imports. Good news is that BGMEA appears to be moving in that direction.
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12. 24-10-2007 13:58
 
Meenikat: absolutely agree on your last point about ILO conventions. Which is why I said: "This expectation is unrealistic considering that some of the most developed countries are yet to meet these standards." Many may find it unbelievable but it is legal in some U.S. states to employ child labor. However, children in rich countries do not work in the same hazardous conditions as they do in some LDCs. I feel that the expectation of the U.S. from LDCs should be tempered and more liberal access should be given as Bangladesh gradually makes progress towards improving its standards. However, I also strongly believe that we can do better than we are- there is no excuses for cases of blatant human rights abuse.
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13. 25-10-2007 15:54
 
Shamarukh, yes you're very right. just cuz US hasn't signed standards doesn't mean we should be waiting. the child labor and exploitation probems are bad in bangladesh and we need to do whatever we can to improve them, even if they are tied to trade. thanks for writing and i hope to see more updates and articles from you on these topics :)
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Meenikat
14. 30-10-2007 21:23
 
ok, did that bill get raised or passed in the american congress?
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Tapan C.
15. 31-10-2007 09:57
 
would you please explain what did you mean by "progressive citizens"!? and would you value any self-help movement by the workers'?!
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16. 31-10-2007 16:20
 
Tapan: thanks for asking. It was introduced on October 18 (H.R. 3905) or the New Partnership for Development act. It will be a while before it is passed.
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17. 31-10-2007 16:24
 
Fayaz: by "progressive citizens" I mean those people who believe in Bangladesh's ability to safeguard the rights of every citizen. I am not sure what you mean by "self-help." I don't believe that workers are well-equipped to help themselves if powerful members of the society are out to undermine their rights.
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18. 31-10-2007 17:25
 
For New Nation: 
 
Bangladesh welcomes US congress' "New Partnership for Development Act of 2007" 
 
UNB, Dhaka, October 20, 2007 
 
Bangladesh has welcomed the introduction of the "New Partnership for Development Act of 2007" in the US Congress aiming at reducing global extreme poverty through eliminating tariff on all products that originated in the Least Developed Countries. "We thank Congressman Jim McDermott for his initiative in introducing this long awaited bill" said a press release of Embassy of Bangladesh, Washington, D.C. 
 
Bangladesh believes that offering duty free entry of products from LDCs including apparel could create new opportunities for employment and thereby alleviating poverty and ensuring social progress in the LDCs. 
 
Bangladesh really appreciate the innovative provision of capacity building in the bill and hope that these provisions will go long way to address the preparedness deficit of the LDC countries. For Bangladesh, this bill rekindled new ray of hope to millions of workers, mostly women, in the apparel industries to bring better livelihood in their personal life, as well as instilling greater stability and moderation in the society as a whole. The government of Bangladesh and the apparel industry in Bangladesh will remain actively engaged with US Congress and other stakeholders for early passage of this bill. 
 
Bangladesh hope that the final version of the bill will be able to meet the aspiration of all stakeholders, the press release added.
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19. 27-11-2007 16:32
 
What's the latest on this?
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rupa mallick
20. 28-11-2007 13:03
 
Rupa: Congressman Charles Rangel, the Chair of the House Ways and Means committee which has jurisdiction over trade issues, has endorsed the bill, so it is gaining good steam.
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Amidst all of Bangladesh’s economic woes, the rise of the garment industry has made for a sunny economic story. After taking off in the 1980s, the industry now accounts for more than 75 percent of the country’s export earnings, and provides jobs to over two million women.

Trade barriers

The majority of Bangladesh’s garment exports are destined towards the United States. But they do not receive particularly friendly treatment by U.S. trade policy. Foreign imports of textile and garments into the U.S. are slapped with duties ranging up to 20%. As a result, countries like Bangladesh and Cambodia, which send significant volumes of garments each year to the U.S., face almost $500 million in duties, in spite of being among the Least Developed Countries (LDCs) of the world. Absent these duties, Bangladeshi garment exports would grow faster, and the industry could potentially hire a few more millions of women.

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Garments have been the main engine of exports growth in Bangladesh. Data source: BGMEA
Bangladeshi officials, business owners and civil society leaders have long been proponents of duty free access to the U. S. market. In a letter dated March 15, 2007, Shirin Akhter, president of Karmajibi Nari (Association of Working Women) wrote to the United States Trade Representative: “We strongly believe that the U.S. [and other developed countries] should provide duty free and quota free market access for all products originating from LDCs…More than 2 million workers of this sector are women, whose livelihoods along with their family members are directly related with the export performance of this sector.”

Clash of interests

A few members of the United States Congress have stepped forward to respond to such calls. For example, Senators Max Baucus, John McCain, Diane Feinstein and Gordon Smith, as well as Representatives Joseph Crowley and Jim Kolbe have tried repeatedly to pass laws to allow Bangladesh and other poor countries to export garments and other products, free of duties. But such measures have had no success because American labor unions and garment and textile producers have lobbied intensely to hold on to these duties.

The American textile and garment makers constitute a tiny, almost invisible, fraction of the U.S. labor force, and the membership of labor unions has declined over the years, but each group retains enormous political influence. A popular argument of these groups has been that labor standards in Bangladesh and other poor countries are just too low to justify giving them duty free market access for their manufactured products. They contend that if duties are eliminated, U.S. companies will shift production to Bangladesh, attracted by the low costs associated with poor labor conditions.

Meanwhile, Congressman Jim McDermott aims to introduce legislation once again to eliminate duties for the poorest countries, including for most of Bangladesh’s garment exports. This time, however, Bangladesh would be required to make significant improvements in its labor standards and pay better wages to its factory workers in order to receive duty free access to the U.S. As a first step, Bangladesh must pass laws that enshrine the five core labor rights as defined by the International Labor Organization and demonstrate that these laws are being enforced.

Rights and duties

The core labor rights include: (i) freedom of association, (ii) the effective recognition of the right to collective bargaining, (iii) the elimination of all forms of compulsory or forced labor, (iv) the effective abolition if child labor including the worst forms of child labor, and (v) the elimination of discrimination with respect to employment and occupation.

This is a tall order for Bangladesh, but it is also reasonable demand, and should be seen as a strong incentive to improve. For years, we have been asking for the elimination of U.S. duties that penalize our strongest industry. There is now a golden opportunity to get what we want, but only if our government and corporate leaders step up to the challenge of improving labor conditions.

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A garment industry worker holding a placard at a non-violent protest to demand better protection of rights. Photo by Drishtipat.
It is no secret that workers’ rights in Bangladesh are continually threatened. In several instances, workers have been fired for trying to bargain for a fair wage. There is wide documentation, both by local and international NGOs, of abusive behavior and poor conditions in factories. The government’s response has thus far been weak. Government officials have been largely oblivious to the issue of unfair wages, and penalties for abusive treatment of workers have been met with nominal fines that are not high enough to change behavior. There is rarely any prosecution of violators, and the judicial system is a quagmire as far as fair trials are concerned.

Progressive citizens expect that Bangladesh can do much better to safeguard the rights of its workers. The traditional response of our government officials and corporate leaders to Western demands for higher labor standards has been that Bangladesh’s poverty situation prevents it from doing any better. It may be true that low labor standards are linked to poverty, but such a response is misguided.

Better enforcement of labor standards, such as the right of workers to bargain collectively, would in fact have a salutary effect on poverty. Workers will have the ability to demand better wages without fearing retaliation, and this will have an equalizing effect on the income distribution. . And better wages for a factory worker means better living standards for a family of six.

The right incentives

Our corporate leaders—and not just the garment business owners—would be wrong to contend that they do not have the means to offer better wages and conditions. Over the years we have seen more and more BMWs emerging on Dhaka’s streets. It behooves wealthy business owners, who often are owners of multiple houses and automobiles, to offer better conditions to the workers who are responsible for their success.

At the same time, the expectations of the U.S. policy makers must also be kept at a reasonable level. It would be a gargantuan, possibly impossible, task for Bangladesh with its 150 million people to establish and enforce the labor conditions of rich industrialized countries throughout its economy within a short time, given all its other economic trials as an LDC.

U.S. Congressman McDermott has rightly proposed that a portion of Bangladeshi garments should come in duty free. He proposes additional reduction of duties only when Bangladesh’s labor standards resemble those of Western countries. This expectation is unrealistic considering that some of the most developed countries are yet to meet these standards. Instead, what the U.S. Congress should do is offer a system of gradually reducing duties on remaining exports from Bangladesh with incremental and demonstrable improvements in labor conditions. The efforts of the U.S. Congress here are a good start and should be welcomed by Bangladeshis. The government and corporate leaders should take the cue and start working for better labor rights in order to get what they have desired for long.


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