Intially published on The Daily Star, on 10 December 2024
Main Article: https://www.thedailystar.net/news/bangladesh/news/the-story-kona-grassroots-human-rights-defender-3772846
The story of Kona: A grassroots human rights defender
At first glance, Kamrunnahar Bilkis Kona’s white sneakers may not appear to complement her mauve hijab with floral embroidery. But when she marches from the Bangladesh Legal Aid Service Trust’s (BLAST) office in Kakrail to the Labour court in Bijoynagar holding a pile of case files, the sneakers tell the story of a fighter.
Going to the labour court has been Kona’s routine almost every weekday morning for the last one year.
“We provide free legal services to workers who come with grievances from mostly garment factories in Gazipur, Ashulia, Tejgaon or other places,” says Kona, who has been working as a paralegal with BLAST since 2008.
She helps workers file a case or a petition, and then liaises between the worker and the lawyer in the labour court. Her other regular duties include administrative work at the court, preparing a worker for court hearing, informing them about court dates, and advising them about the benefits of going for an arbitration versus fighting a case.
She sometimes has to sacrifice her weekends to work with factory labourers.
“We often have to work outside office hours, because garment factories close after five and we cannot call them during their working hours about a case,” she says.
She says that garments workers are usually not allowed to answer phone calls during working hours. Besides, workers worry that their employers will sack them if they learn about their case.
The workers’ complaints are mainly related to not receiving wages. Unlawful termination, not receiving post-retirement or termination benefits, non-disbursement of maternity leave payments are some of the common grievances.
“Sometimes, if they join any protest demanding wages and become a known face in the protest, they are not hired by any employers,” Kona says, citing another kind of issue workers face.
She says that even though sexual harassment is quite prevalent, workers often do not want to speak about it. But Kona notes that many female workers, once they are made aware of this issue in legal aid camps held by BLAST, do share incidents of sexual harassment.
“Our panel lawyers then either give them suggestions or ask them to go for legal actions,” she adds.
Kona notes that arbitration is prioritised over filing cases because the issue is resolved quickly. A case not only takes a long time but is also taxing for a worker of limited means.
“The people who come to us are very poor,” she says, adding how poverty prevents the workers from pursuing legal battles.
Kona explains how workers wrongly sacked, or not getting wages from their employer, don’t have the luxury to wait for months to be reimbursed. They find new employment and then communication becomes a challenge.
“It is sometimes difficult to get hold of a worker immediately when we need them. Perhaps they left the phone at home or switched it off while working at the factory,” Kona adds.
The lack of labour courts in every district also poses a challenge for workers, some of whom cannot travel to Dhaka to attend hearings.
“They have to shirk work, or take leave or spend money to come to Dhaka for the case,” she explains.
Lengthy trials also frustrate workers who are made to wait long periods, say two years for a mere Tk 20,000 wage or benefit, and they often give up. “This is a big challenge for us,” says Kona.
Another challenge Kona faces in her work is the lack of space in the labour court. The three courts, located on three floors of a high-rise, hardly have any rooms for clients and lawyers to meet and talk, or take briefings.
Only one small room has been assigned for women labourers to sit with their children and wait for their hearing, but it is frequently used by other people. Kona says she has become used to the crowded conditions at the court, when asked how she manages standing in the court premises for long hours.
“We are women, but we have to create a space and work amidst the crowd of men,” she says with a chuckle.
Kona, who has a master’s degree in social work from Eden College and an LLB, initially worked with prison detainees. For 14 years her work involved going to the crowded lower courts of Dhaka and helping people who languished for years in jail waiting for their trials.
For Kona, her work achievements are in the tears of joy or a thank you phone call from a worker.
“I was able to release Tk 16,000 for a sister (a female worker). That mere Tk 16,000 brought tears to her eyes—as if she has earned something great,” she remembers.
“I might have done the work for her as part of my work duty, but they seem to think we are helping them not just because it is our work. They think we have come to their life as angels.” Kona says, beaming bashfully.