Addressing Sexual Harassment at the Workplace: A Study on the RMG

Industry in Bangladesh

Keywords
Sexual Harassment; Gender-based Violence; Bangladesh; Apparel industry in Bangladesh;
Laws of Sexual Harassment; High-court’s Directive

Abstract
Women are increasingly participating in the industrial sector and have been contributing to the
dramatic ascendency as well as appreciation of Readymade Garments (RMG) Industries in
Bangladesh. A large sect of the force behind this success happens to be women who even
outnumber the men in the same sector and they are breaking their bones working for the
factories. But it is frustrating that efforts to provide these women with congenial work
environment and to protect their rights in the workplace still remain somewhat inadequate. In
2009, the high court division of Bangladesh has given a directive on sexual harassment at
workplace which is binding upon the workplaces as well as educational institutions but its
implementation process is still feeble and inadequate to give satisfying level of protection to the
female workforce in the country. The scope of this paper is to analyze the existing scenario of
sexual harassment at the apparel industry in Bangladesh in light of this directive and to forward
some recommendations in this regard.

Introduction
The graph of women‟s participation in the industrial sector has dramatically ascended high with
the advancement of Readymade Garments (RMG) Industries in Bangladesh. Along with opening
up employment prospects mostly for the uneducated and less educated women coming from the
countryside, the industry is constantly drawing profits from a low-priced and readily available
supply of labor as well as commendably pushing the country‟s GDP higher.
Whereas, most of the labors at the RMG sector happen to be women who are breaking their
bones working for the factories, efforts to provide them with congenial work environment and to
protect their rights in the workplace remain somewhat inadequate. In most of the factories, work
environment is not safe, affable nor healthy for the female workers.1 Moreover, women accept
jobs under harsh and challenging conditions, being subjected to discrimination on many fronts,

1
Round Tables, (2018) ‘The situation of women workers in the RMG sector in Bangladesh’ The Daily Star, July 17,
2018, Available at: https://www.thedailystar.net/round-tables/the-situation-women-workers-the-rmg-sector-
bangladesh-1606447
including sexual harassment, denial of maternity leave or benefits or frequent denial of sick
leaves.
83 percent of the garment workers have reported various kinds of transgressions like sexual
harassment or corporal punishment to happen to the women workers in the workplace. 2 22.4% of
female garment workers are sexually harassed at and on their way to their workplaces.3 It has
been found under this research that, most of the factories operate without a sexual harassment
prevention committee defying the High Court‟s directive on sexual harassment at workplace.4
Such circumstances spur grave concern about the safety of the working women in the RMG
industries in Bangladesh and deserve careful contemplation.
The existing studies on sexual harassment at RMG sector offer facts and information on the
nature of sexual harassment at the garments industries in Bangladesh though the number of the
factories covered is not convincingly representative and the driving forces behind sexual
harassment which mostly have been studied superficially without appropriate anthropological
and structural framework. The post-harassment effect on the workers, their way of dealing with
the incidents since most of the events go unreported to the factory committees, the way the
factories deal with the meager amount of cases reported have rarely appeared in the studies and
most importantly apart from the high court‟s suggested sexual harassment prevention committee,
alternative approaches to this issue are still underdeveloped.
Moreover, there are some apparel factories that have formed anti-sexual harassment committee
with the help of civil society organizations notably the NGOs. But whether these factories are
obeying the rules as instructed or just pretending to be deferential only in papers, also demands
further examination and analysis with a view to extricating our women from sexual harassment
at workplace and ensure a comfortable as well as gender sensitive workplace for them.
Thereupon, this study is purposed to deal with the degree of compliance of the factories who
have complied to the high court‟s ruling on preventing sexual harassment at workplace; how the
non-compliant factories deal with sexual harassment which will be a valuable guide for installing
or helping out those factories to set up sexual harassment prevention committees on their own;
and the way women who are not complaining in the factory committees, deal with sexual
harassment to espouse awareness campaigns effectively and to decide whether there is any need
to introduce alternative system or how to improve the existing one.

2
Development Research Initiative, (2018), ‘Initiative to End Gender Based Violence in the Garments Industry,’
Baseline Study Report,
3
Ibid.
4
‘Bangladesh National Women Lawyers Association (BNWLA)-Versus-Government of Bangladesh and Others’,
(2008), Writ Petition No. 5916
International Discourse on Gender Based Violence (GBV)
In 1993, the United Nations General Assembly (UNGA) adopted the „Declaration on the
Elimination of Violence against Women‟.5 The Declaration defines violence against women as
„any act of gender-based violence that results in, or is likely to result in, physical, sexual or
psychological harm or suffering to women, including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or in private life.‟6
However, the term Gender Based Violence (GBV) is not synonymous with violence against
women (VAW). Both men and women could be the victims and perpetrators although women
and girls are the primary targets of GBV and the perpetrators are mostly men.
Various type of actions can constitute GBV. For instance-
 Sexual coercion
 Gender -based workplace discrimination, stigmatization, and social exclusion
 Sexual harassment and intimidation
 Psychological torture
 Physical abuse
 Sexual exploitation and abuse
 Trafficking for forced labor and sex work within and across borders
Sexual Violence and Harassment „Sexual violence in the world of work is a form of sex
discrimination that can combine elements of physical and psychological violence and can include
a range of behavior, such as unwanted comments or advances, “jokes”, brief physical contact and
sexual assault.‟7
As per the international Labor Office, Sexual harassment is a form of sexual violence that
usually happens in the world of work. They categorized sexual harassment in two sects: „quid
pro quo‟ or „hostile working environment‟. „Quid pro quo‟ sexual harassment occurs is when a
worker is asked for a sexual favor, and submitting to or rejecting that request is referred to make
a decision about that worker‟s job. On the other hand, „Hostile working environment‟ harassment
covers conduct that creates an intimidating, hostile or humiliating working environment.8

5
UN General Assembly; (1993); “Declaration on the Elimination of Violence against Women”
6
Ibid.;
7
International Labor Office; (2018); “Ending violence and harassment against women and men in the world of
work, Part V (1)”;
8
Ibid.
Bangladesh High Court Division’s Directive on Sexual Harassment
As per the directive issued by Bangladesh High Court division in 2009, sexual harassment
includes-
‘a. Unwelcomed sexually determined behavior (whether directly or by implication) as physical
contact and advances;

b. Attempts or efforts to establish physical relation having sexual implication by abuse of

administrative, authoritative or professional powers;

c. Sexually colored verbal representation;

d. Demand or request for sexual favors;

e. Showing pornography;

f. Sexually colored remark or gesture;

g. Indecent gesture, teasing through abusive language, stalking, joking having sexual implication.

h. Insult through letters, telephone calls, cell phone calls, SMS, pottering, notice, cartoon, writing
on bench, chair, table, notice boards, walls of office, factory, classroom, washroom having sexual
implication.

i. Taking still or video photographs for the purpose of blackmailing and character assassination;

j. Preventing participation in sports, cultural, organizational and academic activities on the

ground of sex and/or for the purpose of sexual harassment;

k. Making love proposal and exerting pressure or posing threats in case of refusal to love
proposal;

l. Attempt to establish sexual relation by intimidation, deception or false assurance.’9

Impact of Gender Based Violence on the Female Workers

Sexual harassment of women has dire emotional and physical costs. The financial consequences
are huge. It undermines their long-term earning ability and widens the gender wage gap. It can
also undercut job performance and professional reliability of the workers. Those who keep their
jobs may be obstructed by harassing supervisors or may decline certain opportunities for
professional advancement in order to avoid the harassment. Notably, workers subjected to sexual
harassment are often fired or forced to leave their jobs, regardless of whether they file a
complaint.10

9
‘Bangladesh National Women Lawyers Association (BNWLA)-Versus-Government of Bangladesh and Others’,
(2008), Writ Petition No. 5916
10
Equal Rights Advocates; (2014); “Moving women forward on the 50th anniversary of Title VII of the Civil Rights
Act. A three-part series. Part One: Sexual harassment still exacting a heavy toll”;
As the International Labor Office noted, other than harming physically, physical violence and
harassment can also leave emotional scars that require rehabilitation and counselling. Sexual
violence and harassment can also result in anxiety, depression, headaches and sleep disorders.11

Nature of Gender Based Violence in RMG in Bangladesh

According to a study conducted by Bangladesh Institute of Labor studies (2018), gender based
violence at the RMG sector involves winking, staring, whistling, expression of illicit proposal,
intimidating, bullying, sitting at machines and unwanted touching, standing very close and
pinching and kissing, and denial/cheating with maternity benefits and service benefits are
reported as the main. Supervisors, linemen, line chiefs, and production managers are the main
accused in these.
Not only at the factory, but also workers are exposed to gender based violence in the street
particularly on the way to factory and way back to home from the factory. The risks are different
depending on the time and on the mode of commuting. Vulgar comments like, what is your rate,
how much will you go etc., and whistling and groping, and pinching are reportedly common at
day time. Local goons, striders, rickshaw pullers, cigarette sellers, and small grocers are main
wrongdoers in these.

Available Structural Mechanisms to Deal with Sexual Harassments

at the RMG Sector in Bangladesh
According to a baseline study conducted by Development Research Initiative across RMG
factories in Ashulia, Gazipur and Savar area, only one third of the factories under investigation
was reported to have an effective anti-sexual harassment committee operating in their workplace
whilst the other two thirds are left over without any such mechanism.

However detail study on the how those available system function, whether these systems
conform to the High Court‟s guidelines on sexual harassment at workplace and other national
legislations, or to what extent the workers have access to these facilities are yet to be
conducted.12

Familiarity of Sexual Harassment as a Concept among the Female

Workers and the Factory Managements

11
International Labor Office; (2018);
12
Development Research Initiative; (2018);
Sexual harassment, given the sensitivity of the issue, is both a typically misunderstood and an
unfamiliar concept among most of the female garment workers and to those who are in charge of
managing the garment factories. As this research suggests 76 percent of the women working in
the readymade garment factories in Ashulia and Gazipur area are apparently ignorant of sexual
harassment. The remaining 24 percent of them have demonstrated a narrow view on sexual
harassment. For them, sexual harassment is restricted within the boundary of eve teasing,
inappropriate touch and vulgar comments. However, all of the 100 respondents have acceded to
the point that, sexual harassment should be punished.
Compared to the workers, all of the 10 factory managements interviewed, have shown
commendable cognizance of sexual harassment. Other than teasing inappropriate touch and
vulgar comments, they have identified stalking, taking photograph of someone with a view to
harassing her with that photograph, staring at private body parts, giving unwanted phone calls
and sending inappropriate text messages as forms of sexual harassment.

The Utopia of Sexual Harassment Prevention Committee

On 14th May, 2009, the High Court Division of Bangladesh Supreme Court, passed a judgment
in writ petition number 5916/2008. The judgment was directed as follows,
‘In view of the inadequacy of safeguards against sexual abuse and harassment of women at work
places and educational institutions whereby noble pledges of our Constitution made in so many
articles to build up a society free from gender discrimination and characterized by gender
equality are being undermined every day in every sphere of life, we are inclined to issue certain
directives in the form of guidelines as detailed below to be followed and observed at all work
places and educational institutions till adequate and effective legislation is made in this field’.13

As per the judgment, at every workplace and educational institutions in both private and public
sectors, there must be a complaint committee formed by the concerned authority. Being
responsible for receiving complaints, the committee will conduct investigations on the received
complaints and will make recommendations to the authority.

There should be minimum five members in the committee majority of whom will be women
along with a female head of the committee and at least two of the members will have to be from
outside the organization concerned, preferably from organizations working on gender issues and
sexual abuse. Moreover, the committee will also be responsible for submitting annual reports to
the government on their compliance with the guidelines.

But after ten years past the issuing of this directive, it has not been materialized appropriately.
Data, collected under this research suggests, only 11 percent or 12 factories out of 110factories
interviewed have sexual harassment prevention committee. Even among these 12 factories, 11

13
Sexual Harassment and Elimination Policy, Bangladesh Legal Aid and Services Trust (BLAST)
factories do not conform to the high court‟s guideline given majority of these committees are
male members and do not have a single member from outside the factory. There is only one
factory in Ashulia with a sexual harassment prevention committee formed under the auspices of
a multi-party coalition of NGOs called „Shojag Coalition‟ that fully conforms to the High
Court‟s guidelines.

Dealing with Sexual Harassment – Garment Factory Managements

Ending sexual harassment at the RMG sector in Bangladesh is largely at the discretion of the
garment factory managements. They have undisputed control over the workers and the working
environment.

Whereas, legal communities and civil societies have made tremendous effort to act against
sexual harassment at workplace particularly at the RMG sector, research reveals that the garment
factory managements‟ determination is quite disappointing as far as ending sexual harassment is
concerned.

Among the factory managements interviewed, 2 percent have reported that they have received 1
to 2 complaints of sexual harassment from the workers for the last 2 years. The other 98 percent
has reported 0 complaint of sexual harassment in their factory. Now it is hard to believe given
the information and data collected through this research suggests something else.

A responsible person from the management of a factory called „Southern Millennium‟ in Ashulia
has stated, „There has been neither any complaint nor a single incident of sexual harassment at
the factory for the last 2 years‟. On the contrary, a female worker working for 2 years constantly
in the same factory has stated,
‘I am working at the quality section for nearly 2 years and have seen the controller of my
floor to intentionally lean on the female workers and touch their backs inappropriately.
But fearing suspension or rebuke, none of them has ever dared to say word’.

It is quite evident that the real scenario of sexual harassment inside the factory is being kept
hidden from the outer world. The managements neglect incidents of sexual harassment inside the
factory; they intentionally silence those who speak out either by threatening them with
suspension or acrimonious rebuke.

Dealing with sexual harassment at workplace- victims/female

garment workers
While exploring how the victims- the female garment workers deal with sexual harassment at the
factory, an ideal image instantly pops up that the victim goes to the sexual harassment complaint
committee in her factory and files a written or oral complaint to the committee and upon
receiving the complaint, the incumbent committee is passing on recommendations to the
authority after careful investigation as well as the colleagues and family members of the victim is
supporting her. But the reality at the RMG factories in Bangladesh is quite the opposite.

Given that, 76 percent of the working women at the factories do not even recognize what sexual
harassment is, they treat sexual harassment as a natural occurrence of their daily lives.
Shanu, married and 28 year old, working at a garment factory in Gazipur for 5 years, has said:
‘I don’t know what sexual harassment is. How would I even know! I have only passed 6 th
grade. The type of behaviors and incidents you mentioned, we are exposed to these every
day. When I walk on the streets to go for work, local boys often stalk me and throw
vulgar comments. At factory, while passing on, co-workers intentionally push me or
touch my back. I ignore all of it. What else can I do! There is no sexual harassment
complaint committee in my factory as you said. Although some say, PC committee is
there, I don’t believe them. I have seen one of the PC committee members, forcefully
pulling one of my colleague’s hand. How can I expect any justice from such men!
Moreover, I can’t even share it with my husband because I am afraid, upon knowing it,
he might force me to quit my job. That would be even worse.’

Asma, unmarried, 19 years old, working at another factory in Gazipur, has said:
‘A man used to stalk me from factory to my residence. I came to know that he works at
the same factory as I do. One day, I stopped on the way and asked him nervously what he
wanted. He told he wanted to have sex with me and no one will know it. I returned home
afraid and embarrassed and next day complained to the welfare manager. She told me
that, incidents from outside the factory are not of concern to her. I insisted that the man
worked at the same factory. I could find him but she ignored it anyway. Next week, I
resigned though they didn’t pay my due salaries. Now I am working at another factory.
This one is quite decent.’

This is a more or less the common story of most of the women working in this sector. Although
most of the female workers interviewed didn‟t know what sexual harassment is, after they have
been given a clear explanation of sexual harassment, 62 percent of the respondents have claimed
that they have been sexually harassed at their factory by the line chief, Managers, or the general
staffs; 87 percent have claimed that they have been sexually harassed on the way to factory or
back to residence. Surprisingly, complaint rate among the latter is 9 percent compared to the
former which is 16 percent. All of the complaints were orally filed and 30 percent among those
who complained at the factory have reported that the perpetrator was suspended. 27 percent of
the workers have left job or shifted elsewhere to escape harassment.

Post-harassment Effect on the Victims

Sexual harassment causes women to pay heavy physical and psychological toll.
Laila Begum, newly married, 18 year old, working at a factory in Ashulia has said:
 ‘One night a call came in my mobile phone, from a man. My husband was beside, so he
received it. The man from the other side, was the line chief from my factory. He
threatened my husband to divorce me and let him have me otherwise he would molest me.
Upon hearing this, my husband got furious and inquired me whether I had any
relationship with him. He admonished me using slangs and hit me. It was in the middle of
the night, our neighbors were awake and I was begging him not to hit me anymore for I
am innocent. But he didn’t listen. The next day, when I was about to go for work, he hit
me again and went for his work locking me up in the room. However, I was freed by a
neighbor. My relationship with my husband has become spiteful since then. He doesn’t
talk to me even though I had to leave my job. That man, has ruined my night’s sleep but
he is sleeping well. As I have the left job, I can’t even file a complaint against him.’

Laila left her job to please her husband for he didn‟t like Laila working under that manager
anymore. This case is not a unique one. 16 percent of the 100 female garment workers
interviewed have reported leaving their job.
Nazma Akhter, 34, married and a mother of two children has said:
‘In my factory, our floor manager used to stare at me while working. One day, when I was
coming out of my row, he came and pressed on my breasts and disappeared fast. That
was the first time I had such experience. Then after a few days he did it again and told me
that I looked like a whore although I was wearing burkha (hijab). It was so embarrassing
and humiliating for a pious woman like me and I didn’t tell anybody about this except
one of my female colleagues. Back home, I wept secretly in my room for a long time.
Now, whenever a man passes by me I feel apprehensive and afraid that he might touch
me and imagining those incidents, I just run away.’

Research suggests that sexual harassment can lead to depression, anxiety or even PTSD.14 These
effects can last for many years after the harassment. Even when relatively infrequent and less
severe, harassment can have significant negative effects on psychological well-being and work
behaviors. In addition to negative mental health effects, researchers have found higher risks of
long-term physical health problems in response to repeated, long-term gender-based harassment.
These negative effects can often lead to significant costs for both mental and physical health of
the victim.15

What is thwarting the implementation of the HC directive in the

factories?
It has been a decade since we have got the directive. Still, factories are burdened with serious
allegations of sexual harassment. So, what is it that blocking our way to a sexual harassment free
apparel industry?
14
Elyse Shaw, M.A., Ariane Hegewisch, M. Phil., and Cynthia Hess, PhD.; “Sexual
Harassment and Assault at Work: Understanding the Costs”; October, 2018; Institute for women’s policy research,
IWPR #B376
15
Ibid.
Information assembled through running key informant interviews among mid-level managers
working at several factories in Ashulia and Gazipur and critical observations suggest that the
hindrances are functioning at multiple layers. They are as follows:

Reluctance of the upper level management: The upper level factory managements seem to be
quite reluctant to converse about sexual harassment inside the factory. They think that having a
discussion about sexual harassment or taking substantive steps against it will reveal the
information that sexual harassment is prevalent inside the factory which will have repercussions
e.g. loss of factory reputation, probable loss of foreign orders etc. Moreover, to form a sexual
harassment prevention committee, they will need to allow entry to at least two outsiders in the
committee and thereby in the private matters of the factory. Therefore, the upper level
management is adamant not to implement the High Court directive although they try to appear
just as the opposite.

Mysterious inactivity of the government: According to the HC‟s directive, the sexual
harassment prevention committee from the factory is supposed to submit annual reports on the
compliance guidelines to the government body. But quite tellingly, no supporting data have been
found that proves any activity of any such body. The government has remained almost silent as
far as the garment factories‟ compliance to the guidelines is concerned.

Cultural differences and ingrained social attitudes: Workers, managers and supervisors, all of
them the both sexes often believe women are only sexually harassed if they signal they are
sexually available, whether through their behavior or physical appearance. One of the managers
interviewed has stated,
‘It is not only the men who are responsible for sexual harassment. Women also share a
big part of the responsibilities. Why would someone dress like they are inviting men to
harass them? Women must ensure parda (veil) if sexual harassment is to be prevented.
They have to wear modest dresses while coming to work at the garment factory.’

A welfare officer at the factory interviewed has said,

‘Look, most of the times, men do not harass women willingly. In fact why would a decent
man harass a decent woman? The problem starts when there is no decency in the man
and woman. It is the woman who seems to be fond of presenting herself as a product to
be looked at. They put on such clothes that sometimes, you can’t even look at them. Now
tell me, what an average male garment worker would do in this situation? Isn’t it obvious
that he will try to take benefits?’

Another welfare officer interviewed has said,

‘I don’t think women should be working overtime because most of the incidents of
harassments occur at the night. They should go home after regular office time for their
own safety.’

Evidently, although women are more in number than men in the RMG industry, it is the
perception mostly of the men, which is contributing in the continuation of sexual harassment and
other forms of violence against women at the workplace. Instead of thinking how to make the
workers understand that sexual harassment is a punishable offence and a violation of human
rights, the people holding responsible positions are busy in blaming the women for harassment as
well as finding the solution in forcing them to limit their work hours or to put on special
clothing.

Gaps in the Existing Laws and Challenges to its Enforcement

Although the Bangladesh‟s legal framework addresses sexual harassment and there have been
some developments in this regard, it is frustrating that there is no legislation in Bangladesh that
specifically convicts sexual harassment. The existing legislations e.g. the section 509 of the
Penal Code 1860 and section 10 of Nari-O-Shishu Nirjaton Domon Ain 2000 are pretty archaic
in their definition and the concepts offered are vaguelabyrinthine.

Section 509 of the Penal Code 1860 criminalizes acts, words and gestures intended to „outrage
the modesty of a woman‟ with a prison sentence that may extend to one year along with fines.
However, the wording of this act is problematic and invites sexist biases. The unwarranted
discussion about a woman‟s „modesty‟ can end up victimizing the victim herself rather than
offering protection. Furthermore, section 10 of the Nari-O-Shishu Nirjatan Daman Ain 2000
introduced an offence termed „jouno piron‟ (sexual oppression) to criminalize the act of touching
a woman or child (with any part of their body or with an object) or violating a „woman‟s
modesty‟ in order to „illegally satisfy their sexual desires.‟16

Besides, none of these sections have any clear indication of how to interpret or enforce them.
The laws are not properly explained. Usually while implicating these sections, particular
concepts are interpreted based in the context of our customary knowledge. Moreover, the
existing laws are sporadic. There is no unified act of sexual harassment in our laws.
Sabbir Ahmed Sarkar, advocate at the Bangladesh Supreme Court, has said,
‘We don’t have any explanation note or implication guideline regarding legislation on
sexual harassment. Therefore the laws are interpreted in different ways at different
places which is dangerous. Additionally, our forensic experts need extensive training to
deal cases of sexual harassment.’

Roksana Khanam, advocate at the Dhaka Judge Court has said,

‘We as a public are ignorant of sexual harassment and extremely unscrupulous. We are
so patrimonialistic that we try to defend the defendant or thwart the trial if he is related
to us. Patrimonialism, prevents us from reporting sexual harassment at our
surroundings’

16
Taqbir Huda, (2019), ‘Sexual Harassment and the Law: Where’s the Problem?’, the Daily Star, 27, June
<https://www.thedailystar.net/opinion/human-rights/news/sexual-harassment-and-the-law-wheres-the-problem-
1762759>
Emdadul Hanif, advocate at the Bangladesh Supreme Court, has said,
‘There is a widespread misperception among the public about court and the victim who
seek remedy. This superstitious practice prevents the victims of sexual harassment to go
for legal remedy to their case. Moreover, the law and enforcement agency lacks
compassion and clear understanding of concepts of sexual harassment. They are
corrupted and lack sufficient knowledge of legislations on sexual harassment.’

Besides, if victim somehow manages to file a case against the perpetrator, arranging witness
turns out to be the biggest challenge. For most of the incidents of sexual harassment occurs quite
apart from the public places, finding witness is a hard thing to do. Also, witnesses are not often
willing to testify for the victim of sexual harassment owing to the popular misunderstanding the
victim and that any sort of attachment to such cases is self-defaming.

Conclusion and Recommendation

Women‟s increased involvement in paid work both outside and inside the home has now fetched
the issues of their safety and security in the workplace and on the commute to work to the fore.
Also, women's input in the apparels industry and the significance of this sector to national
exports and economic growth has contributed to changed perceptions of women's economic and
public role and has provided women themselves with more options.

Not alone in the workplace, women become victims of sexual harassment in their daily lives both
in public and private spheres. Patriarchal social and cultural norms often exacerbate the abuse
and constrain women‟s active participation in the workforce. Our economy cannot reach its full
potential as long as women's participation in the social and economic realms remains limited.
Though it is difficult to accurately assess due to underreporting, sexual harassment is prevalent
across all social and economic groups in Bangladesh's rural and urban areas. In addition to the
high direct costs of gender based violence against women in the form of health care,
displacement, social service, legal service and criminal justice, there are also economic and
social effects in the form of reduced productivity.

It is not possible to end sexual harassment at the RMG factories without installing proper
complaint committees in the factories and for that, it is the government who needs both to
actively encourage and to create pressure on the factory owners. An easy and effective medium
for this task can be the BGMEA. Provided that BGMEA is the core association of the factory
owners, government has to find a way to make the BGMEA press for setting up sexual
harassment prevention committee. The recent change in the BGMEA presidency that has
positioned Rubana Huq as the first elected female president of this giant organization encourages
the hope that BGMEA will be more sensitive to VAW and actively collaborate to end sexual
harassment at the RMG industry.
Employers too have a role to play to ensure that all RMG factories establish and activate Sexual
Harassment Complaint Committees in compliance with the 2009 High Court Guidelines.
Management should encourage workers to use formal complaints mechanisms and allow formal
complaints mechanisms to deal with cases in a transparent and timely manner. The
understanding among factory management and workers of nature of violence against women in
particular sexual harassment, its consequences and available penalties should be ensured.

We also need a separate and well codified act on sexual harassment at workplace and public
places with adequate explanation and direction on the implementation of those laws. Besides,
law enforcement agencies need to be trained to deal with sensitive cases like sexual harassment
or other sort of gender based violence.

Regarding that most of the victims do not report sexual harassment at the factory fearing
suspension and the prevalence of sexual harassment on the commute to work, the Government
can introduce mechanisms to offer opportunities for workers to bring complaints about sexual
harassment in at the workplace, public spaces, on the way to and from work and in public
transport through local government bodies. It can also educate workers on municipal services
and roles of locally elected representatives and law enforcement authorities in preventing and
providing redress in cases of violence and sexual harassment.

Public transport owners and workers can be made aware of sexual harassment and their
responsibilities for its prevention and redress. It can also have nationwide media campaigns to
increase awareness of violence against women and sexual harassment as offences and of
available prevention and redress measures such as Legal Aid Committees and hotlines.

Labor Federations and Trade Unions should integrate the agenda of gender based violence
against women particularly sexual harassment in the workplace or on the commute to work as
part of their core agenda. Alertness among labor leaders and workers of the importance of a
violence-free workplace as a part of legal compliance with the relevant laws and judgments is
essential. Understanding among TU leaders and workers of violence against women in particular
sexual harassment, its consequences and available penalties should be increased. For this to
happen, women‟s increased representation in the TUs is unconditional.

Bibliography
1. Round Tables, (2018) „The situation of women workers in the RMG sector in
Bangladesh‟ The Daily Star, July 17, 2018, Available at:
https://www.thedailystar.net/round-tables/the-situation-women-workers-the-rmg-sector-
bangladesh-1606447
2. Development Research Initiative, (2018), „Initiative to End Gender Based Violence in the
Garments Industry,‟ Baseline Study Report,

3. Ibid.

4. ‘Bangladesh National Women Lawyers Association (BNWLA)-Versus-Government of

Bangladesh and Others’, (2008), Writ Petition No. 5916

5. UN General Assembly; (1993); “Declaration on the Elimination of Violence against

Women”

6. Ibid.;

7. International Labor Office; (2018); “Ending violence and harassment against women and
men in the world of work, Part V (1)”;

8. Ibid.

9. ‘Bangladesh National Women Lawyers Association (BNWLA)-Versus-Government of

Bangladesh and Others’, (2008), Writ Petition No. 5916

10. Equal Rights Advocates; (2014); “Moving women forward on the 50th anniversary of
Title VII of the Civil Rights Act. A three-part series. Part One: Sexual harassment still
exacting a heavy toll”;

11. International Labor Office; (2018);

12. Development Research Initiative; (2018);

13. Sexual Harassment and Elimination Policy, Bangladesh Legal Aid and Services Trust
(BLAST)

14. Elyse Shaw, M.A., Ariane Hegewisch, M. Phil., and Cynthia Hess,
PhD.; “Sexual Harassment and Assault at Work: Understanding the Costs”;
October, 2018; Institute for women‟s policy research, IWPR #B376

15. Ibid.

16. Taqbir Huda, (2019), „Sexual Harassment and the Law: Where‟s the Problem?‟, the Daily
Star, 27, June <https://www.thedailystar.net/opinion/human-rights/news/sexual-
harassment-and-the-law-wheres-the-problem-1762759>

17. Equal Rights Advocates‟ (2014); “Moving women forward on the 50th anniversary of
Title VII of the Civil Rights Act. A three-part series. Part One: Sexual harassment still
exacting a heavy toll”;
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