Human Rights Advocacy
Ensure access to the justice system for the workers
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Bangladesh, one of the developing countries in the world, is struggling to get into the list of developed countries and the soldiers of this struggle are the hardworking workers. To reach the end it is incumbent to provide all types of services to the workers of all sectors. At the same time, they should have easy access to judicial remedy when their rights are despoiled.
Our Constitution pledges to its preamble that : “it shall be a fundamental aim of the State to realize through the democratic process to socialist society, free from exploitation-a society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens.” Again, Article 14 of the Constitution states that, “It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms and exploitation.”
And according to Article 32 “All citizens are equal before law and are entitled to equal protection of law.”
Therefore, The Government of Bangladesh is in obligation under the Constitution to guarantee the right to access to justice for the workers so as to create an equal society. The Labour Code, 2006 comes into force with the aim of specifying the rights of the Labourers as well as for providing mechanism for safeguarding these rights. But the Labour Courts which were established to provide support to the labourers has itself become an obstrucle in protecting the rights in various ways. There are several factors which are disturbing the right to access to justice of the labourers.
The Labour Code, 2006 empowers the Government to establish Labour Courts in Bangladesh. From then, The Government established only 7 Labour Courts in Bangladesh of which three are in Dhaka, two in Chittagong, one each in Rajshahi and Khulna .This is simply inadequate in proportion to the needs of workers. The three Dhaka courts deal with the cases from Dhaka Division; the two Chittagong courts deal with the cases from Chittagong and also from Sylhet Division; the Rajshahi court deals with the cases from Rajshahi Division, and the Khulna court deals with the cases from Khulna Division and also from Barisal Division. Many cases are pending before these Courts. In such situation, it's impossible for the Courts to ensure justice for the vulnerable workers. As the Constitution of Bangladesh guarantees the right to access to justice for each citizen of Bangladesh. So, it's an obligation of the Government to ensure justice for each of them. To fulfill this obligation, there should at least one Labour Court in every district, most importantly in the industrialised area. A District Judge or the Additional District Judge should be empowered solely for the purpose of disposing disputes relating to labour matters.
Due to economic conditions, the labourers can't hire experienced lawyers who's fees are high. On the other hand, the employers hire and employ these lawyers to moderate the claim of the workers. They can easily vitiate the trial proceedings and in this process the workers can't get justice. As a result, the workers drop their confidence from the regular trial system and it tends to bear the tyrannize of the employers silently. Which seriously injure the right to access to justice. To shelter the right of the workers, the Government should arrange a list of lawyers to deal with the labour matters specially and trained them to make up to date with the labour rights. Special remuneration and reward should be offered to them.
There are lots of pending cases before the Labour Courts and the Labour Appellate Tribunal, though the Labour Code, 2006 requires the cases to be finished within 60 days. This is because; there is no provision in the law about the consequences of failure of disposing a case within the fix time. As a result, the employers or the owners of the factory get the chance of delaying the trial procedure which frustrates the right of the justice-seekers. In most of the cases, they become bound to compromise with the employers outside the Court in which they don't get adequate compensation.
Moreover, these Labour Courts are not conveniencly situated for the workers. Since, there is no court in Sylhet and Barisal, the victims of those divisions have to come to Chittagong and Khulna respectively to get their remedy. It costs money and time both. Moreover, in most of the cases, the trial procedure in the Labour Court remains adjourned because of the non-appearance of the other party. It becomes impossible for a worker to continue a case due to their poverty. As a result, they become totally distressed to the judicial system. So, the Court should be located in a place where it will be easy for the workers to appear and ask for their remedy.
It can be said that, some amendments in our exiting legal mechanism should be brought so as to facilitate the legal proceedings brought before the Labour Court by the workers and the employers. Since, the labourers are the vital factors for our economy, special consideration to their right should be paid and they deserve it.
Finally, if we yearn for promoting Bangladesh as a democratic country, we must establish a sound judicial structure, where everyone has the right to access to justice. There should not be any discrimination in receiving fair trial and a sound environment should exist so that no one hesitates to appear before the court to seek remedy.
The writer is Lecturer, Department of Law, BGC Trust University, Chittagong, Bangladesh.
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