January 18, 2017

Dear Brand/Retailer Sourcing from Bangladesh,

As representatives of organizations around the world, we are writing to you again with an update on the latest information concerning the detention of labor leaders and workers in the garment sector in Bangladesh, and to urge further immediate action. Appendix I of this letter provides more information about the context in which these strikes occurred and the near-total failure of industrial relations and collective bargaining in Ashulia and the industry as a whole. This is the principal factor that has led to these strikes. We strongly believe that the Bangladesh government should undertake a time-bound wage review process in 2 response to workers’ demands. Instead, the government has so far chosen to pursue a repressive and short-sighted criminal response. Punishing Labor Leaders with Abuse of Criminal Process Since December 21, 2016, at least 12 union leaders and worker rights advocates, and two workers, have been arrested in criminal cases connected to the wage strikes. Eight of these individuals have been “shown arrested” in multiple criminal cases even though they have not been named in these criminal complaints. At the time of this writing, all of the detainees have been denied bail and are still in custody, and are at continued risk of torture or ill-treatment. While in custody, police allegedly threatened at least one of the 14, Mohammed Ibrahim, with death by “crossfire.” Three of the 14 were arrested after the strikes finished, pursuant to cases that had nothing to do with the strikes at all. More details about these cases are in Appendix II to the letter. Prolonged detention of labor leaders and striking workers will cause further reputational damage to Bangladesh and to companies sourcing from the country, and will discourage labor activists from exercising their fundamental rights of expression and association. This situation is urgent, and we urge your company to intervene with the government and with your own suppliers in order to cease the retaliation against workers and organizers. According to court documents, staff from eight different factories/groups filed criminal complaints in which labor leaders have been “shown arrested” – That's It Sportswear/Ha-meem Group, Windy Apparels, NRN Knitting & Garments, Dekko Design Ltd, Fountain Garment Manufacturing Ltd, Sharmin Apparels/Sharmin Group, Cathay Apparels, and The Rose Dresses. Based on court documents that we have received, in addition to the 14 individuals, another nearly 700 named and unnamed individuals could face criminal charges in the future. This has a chilling effect on union leaders and workers exercising their labor rights because they fear that they could be criminally charged as well. One worker who was suspended from The Rose Dresses Ltd reported that police detained him for one day, but agreed to release him on the next day in exchange for payment of bribes of roughly 20,000 BDT (approximately US $250). Mass Suspensions/Terminations of Workers We are deeply concerned by press reports and worker testimonies that factories in Ashulia, including Windy Apparels Ltd, Fountain Garment Manufacturing Ltd, Ha-meem Group, Sharmin Group, Setara Group, and The Rose Dresses Ltd, have suspended or terminated at least 1,500 workers for halting production. 3 These suspensions/terminations appear to be punitive and retaliatory. All workers who were removed from work for advocating for better working conditions, including organizing and participating in the wage strike, must be allowed to return to work. Request for Action by International Brands and Retailers Since your firm has significant business in Bangladesh, we call on you to press the government of Bangladesh, and your suppliers, to take all necessary steps to cease all retaliation and repression against workers and union leaders, and to undo the damage already done. 1. Action Focused on the Bangladesh Government We urge you to write to the Bangladesh government (specifically the Prime Minister, Minister of Labor, and Minister of Commerce), pressing them to intervene to ensure the release of the individuals detained in retaliation for participating in strikes; instruct the police to disclose how many people have been arrested or detained in relation to the wage strikes; drop all unsubstantiated charges against labor leaders and workers; cease all forms of harassment and intimidation against labor activists' exercise of their fundamental rights of expression and association; and immediately institute a wage review process. We note that the joint brand letter to the Prime Minister of Bangladesh dated January 4 is a positive first step in this regard. If you have already written to these offices, then we request a copy of your written communications as well as a summary of the response you have thus far received. 2. Information and Action Focused on Suppliers We would also like additional information about the following: a. Does your company source from any factories based in Ashulia? If yes, have you sought and received assurances that the factories you source from have not participated (and will not participate in the future) in any retaliation related to the strike including, but not limited to, arbitrary suspensions/termination, pressing false criminal cases, and/or blacklisting workers? b. Does your company source from any of the eight factories/groups (That's It Sportswear/Ha-meem Group, Windy Apparels, NRN Knitting & Garments, Dekko Design Ltd, Fountain Garment Manufacturing Ltd, Sharmin Apparels/Sharmin Group, Cathay Apparels, and The Rose Dresses) that have filed criminal charges against union leaders? If yes, we ask that your company contact the factories' top management to insist that they stop pressing unsubstantiated charges against the labor leaders. 4 c. Does your company source from any of the six factories (Windy Apparels Ltd, Fountain Garment Manufacturing Ltd, Ha-meem Group, Sharmin Group, Setara Group, and The Rose Dresses Ltd) which news reports suggest have suspended or terminated workers in relation to the wage strike? If yes, has your company taken steps to ensure that those suspended/terminated workers are allowed to return to work in their previous positions without reprisal? Over the past year, we have seen an increase in retaliation and violence against workers seeking to organize in Bangladesh. This new crackdown affects not only the 14 individuals who have been detained or the 1,500 workers who have been suspended or terminated, but all workers employed by the industry. These arrests and suspensions/terminations send a clear signal to workers that employers and the government will retaliate if they exercise their rights to freedom of expression and association. Urgent action by brands is required to prevent irreparable harm to the right of freedom of association and collective bargaining of workers and labor union activists in Bangladesh. Given the urgency of the situation, we request your reply by January 23. Thank you. Sincerely, Human Rights Watch Clean Clothes Campaign International Labor Rights Forum Solidarity Center Worker Rights Consortium Maquila Solidarity Network Coalition of Immokalee Workers European Center for Constitutional and Human Rights Globalization Monitor – CCC East Asia Hong Kong Women Workers' Association Korean House for International Solidarity Labour Action China Labour Education and Service Centre National Economic and Social Rights Initiative The People's Lobby PILER – CCC South Asia SACOM (Scholars and Students Against Corporate Misbehavior) T'ruah: The Rabbinic Call for Human Rights Worker-Driven Social Responsibility Network Worker Empowerment Yokohama Action Research - Japan