Business & Human Rights Lawyers

Businesses in Bangladesh face a range of human rights challenges, including ensuring fair labor practices in the garment and manufacturing sectors, managing land acquisition and resettlement issues for infrastructure projects, addressing environmental impacts of industrial operations, protecting workers' rights to organize and bargain collectively, and preventing child labor and forced labor in supply chains. The country's rapid industrialization has brought economic growth but also increased pressure on workers' rights and environmental sustainability.

Key challenges include workplace safety (particularly following the Rana Plaza collapse), ensuring payment of living wages, addressing gender-based discrimination and harassment, managing the impacts of climate change on vulnerable communities, and respecting the rights of indigenous peoples in development projects. Our firm provides tailored advice to help clients navigate these challenges effectively through comprehensive due diligence, policy development, stakeholder engagement, and compliance monitoring.

Ensuring a human rights-compliant supply chain requires a systematic and ongoing approach. We recommend the following steps:

• Conduct Robust Due Diligence: Map your supply chain to identify all tiers of suppliers, assess human rights risks at each tier, and prioritize the most significant risks for action.
• Implement Supplier Standards: Develop a supplier code of conduct that sets clear expectations on human rights, labor standards, and environmental practices. Incorporate these standards into supplier contracts with appropriate remedies for non-compliance.
• Regular Audits and Monitoring: Conduct regular third-party audits of supplier facilities, using both announced and unannounced visits. Supplement audits with worker interviews, community consultations, and other verification methods.
• Capacity Building: Provide training and technical assistance to suppliers to help them meet your standards. This may include training on labor law compliance, workplace safety, environmental management, and grievance handling.
• Grievance Mechanisms: Establish accessible channels for workers and communities to raise concerns and seek remedy. Ensure that grievance mechanisms are well-publicized, confidential, and free from retaliation.
• Transparency and Reporting: Publicly disclose information about your supply chain, including the names and locations of suppliers, audit findings, and remediation efforts. Transparency builds trust and accountability.

Our team can help you design and implement a comprehensive supply chain responsibility program tailored to your industry, risk profile, and business model.

The Bangladesh Environmental Conservation Act 1995 and the Environment Conservation Rules 1997 establish a comprehensive framework for environmental regulation, including requirements for Environmental Impact Assessments (EIAs) and Environmental Clearance Certificates (ECCs).

Under the Rules, industrial and development projects are classified into four categories (Green, Orange-A, Orange-B, and Red) based on their potential environmental impact. Projects in the Red and Orange-B categories are required to obtain an ECC before commencing operations, and this process typically involves the submission of an EIA report.

An EIA report must assess the potential environmental and social impacts of the proposed project, including impacts on air quality, water resources, soil, biodiversity, noise levels, and local communities. The report must also propose mitigation measures to minimize adverse impacts and an Environmental Management Plan (EMP) for implementation and monitoring.

The EIA process involves public consultation, where affected communities and stakeholders have the opportunity to provide input and raise concerns. The Department of Environment reviews the EIA report and may request additional information or modifications before issuing an ECC.

Our firm can guide you through the entire EIA and ECC process, from initial scoping and impact assessment to public consultation and regulatory approval. We also provide ongoing advice on environmental compliance and monitoring to ensure that your operations remain in good standing with environmental authorities.

Bangladesh is home to diverse indigenous communities, particularly in the Chittagong Hill Tracts, the northern plains, and coastal areas. While Bangladesh has not ratified ILO Convention 169 on Indigenous and Tribal Peoples, it has endorsed the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), which provides a framework for protecting indigenous rights.

Key legal protections for indigenous peoples in Bangladesh include:

• Chittagong Hill Tracts Regional Council Act 1998: Provides for limited self-governance and protection of customary land rights in the Chittagong Hill Tracts.
• Constitutional Protections: The Constitution of Bangladesh guarantees fundamental rights to all citizens, including indigenous peoples, such as equality before the law, freedom of religion, and protection against discrimination.
• Land Rights: While indigenous land rights are not comprehensively codified, customary land tenure systems are recognized in some areas, and there are ongoing efforts to formalize indigenous land rights through legislation.

Businesses operating in areas inhabited by indigenous communities should conduct thorough social impact assessments, engage in meaningful consultation with affected communities, respect customary land rights, and implement free, prior, and informed consent (FPIC) processes where appropriate. Our firm can provide guidance on navigating the legal and cultural complexities of working with indigenous communities in Bangladesh.

The Bangladesh Labour Act 2006 (as amended) sets out a comprehensive framework of penalties for labor law violations. Penalties vary depending on the nature and severity of the violation and may include fines, imprisonment, or both.

Examples of penalties include:

• Failure to maintain statutory registers and records: Fine up to BDT 25,000
• Employment of children in hazardous work: Imprisonment up to 1 year or fine up to BDT 50,000, or both
• Violation of working hour and overtime provisions: Fine up to BDT 5,000
• Failure to pay wages on time: Fine up to BDT 5,000 and compensation to the worker
• Obstruction of labor inspectors: Imprisonment up to 1 year or fine up to BDT 10,000, or both

In addition to statutory penalties, labor law violations can result in reputational damage, loss of business contracts, and exclusion from international supply chains. Businesses that are found to be in serious violation of labor standards may face sanctions from international buyers and may be subject to remediation requirements under international frameworks such as the Accord on Fire and Building Safety in Bangladesh.

Our firm helps clients maintain compliance with Bangladesh labor law through regular compliance audits, policy development, training programs, and representation in labor disputes and regulatory proceedings.

The UN Guiding Principles on Business and Human Rights (UNGPs) are a set of 31 guidelines adopted by the UN Human Rights Council in 2011. They provide the global standard for preventing and addressing the risk of adverse human rights impacts linked to business activity. The UNGPs were developed by Professor John Ruggie, the UN Special Representative on Business and Human Rights, following extensive consultation with governments, businesses, civil society, and affected communities.

The UNGPs are based on three pillars:

1. The State Duty to Protect: States have a duty to protect against human rights abuses by third parties, including businesses, through appropriate policies, regulation, and adjudication. This includes enacting and enforcing laws that require businesses to respect human rights, providing guidance to businesses on how to respect human rights, and ensuring access to effective remedy when abuses occur.
2. The Corporate Responsibility to Respect: Businesses have a responsibility to respect human rights, which means they should avoid infringing on the rights of others and address adverse human rights impacts with which they are involved. This responsibility exists independently of states' abilities or willingness to fulfill their own human rights obligations and applies to all businesses regardless of size, sector, or location. To meet this responsibility, businesses should have in place policies and processes including a human rights policy, human rights due diligence, and processes to enable remediation of adverse impacts.
3. Access to Remedy: Victims of business-related human rights abuses should have access to effective remedy through judicial and non-judicial grievance mechanisms. This includes state-based judicial mechanisms, state-based non-judicial mechanisms, and non-state-based grievance mechanisms, including operational-level grievance mechanisms established by businesses themselves.

The UNGPs have been widely endorsed by governments, businesses, and civil society and have been incorporated into numerous international frameworks and national laws. At TRW Law Firm, we help businesses implement the UNGPs through policy development, human rights due diligence, stakeholder engagement, and the establishment of effective grievance mechanisms.

The UK Modern Slavery Act 2015 is landmark legislation that aims to combat modern slavery and human trafficking. Section 54 of the Act requires commercial organizations with an annual turnover of £36 million or more that conduct business in the UK to publish an annual slavery and human trafficking statement.

The statement must set out the steps the organization has taken during the financial year to ensure that slavery and human trafficking are not taking place in its business or supply chains. If the organization has taken no such steps, the statement must explicitly state this.

The Act recommends that statements include information on:

• The organization's structure, business, and supply chains
• Policies in relation to slavery and human trafficking
• Due diligence processes in relation to slavery and human trafficking
• Parts of the business and supply chains where there is a risk of slavery and human trafficking, and steps taken to assess and manage that risk
• Effectiveness in ensuring that slavery and human trafficking are not taking place, measured against appropriate performance indicators
• Training on slavery and human trafficking available to staff

The statement must be approved by the board of directors (or equivalent), signed by a director (or equivalent), and published on the organization's website with a prominent link on the homepage.

While the Act does not impose direct penalties for failing to publish a statement or for publishing an inadequate statement, non-compliance can result in enforcement action by the Secretary of State, including injunctions requiring compliance. More significantly, failure to comply can result in serious reputational damage and loss of business opportunities.

We can help your business develop comprehensive modern slavery statements that meet legal requirements and demonstrate genuine commitment to combating modern slavery. We also provide support in conducting supply chain risk assessments, developing anti-slavery policies and procedures, and implementing due diligence processes.

An effective human rights policy is a foundational element of a company's commitment to respecting human rights. According to the UN Guiding Principles, a human rights policy should:

• Be approved at the most senior level: The policy should be endorsed by the board of directors or equivalent senior leadership to demonstrate top-level commitment.
• Be informed by relevant expertise: The policy should be developed with input from internal and external human rights experts, as well as through meaningful consultation with potentially affected stakeholders.
• Stipulate the company's expectations: The policy should clearly articulate the company's commitment to respecting human rights and set expectations for personnel, business partners, and other parties directly linked to the company's operations, products, or services.
• Be publicly available: The policy should be communicated externally and internally to all personnel, business partners, and other relevant parties.
• Be reflected in operational policies and procedures: The policy should be embedded in the company's culture and management systems through training, performance management, and integration into business processes.

Key elements of a human rights policy include:

• A statement of commitment to respect internationally recognized human rights, including those in the International Bill of Human Rights and the ILO Declaration on Fundamental Principles and Rights at Work
• Identification of salient human rights issues relevant to the company's operations and business relationships
• Description of the company's approach to human rights due diligence
• Commitment to providing access to remedy for adverse human rights impacts
• Expectations for suppliers, contractors, and other business partners
• Governance and accountability mechanisms

We can assist you in drafting and implementing a human rights policy that is aligned with international standards, tailored to your business context, and integrated into your broader corporate governance framework.

Human rights due diligence is the process through which businesses identify, prevent, mitigate, and account for how they address their adverse human rights impacts. It is a core element of the corporate responsibility to respect human rights under the UN Guiding Principles.

Human rights due diligence should be ongoing and should include the following steps:

1. Identify and Assess Actual and Potential Impacts: This involves identifying the human rights that may be affected by the company's activities and business relationships, assessing the severity and likelihood of adverse impacts, and prioritizing the most significant risks for action.
2. Integrate Findings and Take Action: The findings of impact assessments should be integrated into relevant internal functions and processes, and appropriate action should be taken to prevent or mitigate adverse impacts. This may include changes to business practices, engagement with suppliers or other business partners, or termination of business relationships in cases of severe impacts that cannot be mitigated.
3. Track Performance: Companies should track the effectiveness of their responses to human rights impacts using appropriate qualitative and quantitative indicators. This may include monitoring key performance indicators, conducting follow-up assessments, and soliciting feedback from affected stakeholders.
4. Communicate: Companies should be prepared to communicate externally how they address their human rights impacts, particularly when concerns are raised by or on behalf of affected stakeholders. This may include public reporting, stakeholder engagement, and disclosure through grievance mechanisms.

Human rights due diligence should be integrated into broader enterprise risk management systems and should involve meaningful consultation with potentially affected groups and other relevant stakeholders. It should be ongoing, as human rights risks may change over time with the evolution of the business and its operating context.

Our firm provides comprehensive support for human rights due diligence, including conducting impact assessments, developing due diligence processes and tools, providing training to staff and business partners, and assisting with public reporting and stakeholder engagement.

Operational-level grievance mechanisms are non-judicial mechanisms established by businesses to receive and address complaints from individuals and communities who may be adversely impacted by the business's activities. They are an important component of a company's responsibility to provide access to remedy under the UN Guiding Principles.

According to the UNGPs, effective operational-level grievance mechanisms should be:

• Legitimate: Enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes
• Accessible: Being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access
• Predictable: Providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation
• Equitable: Seeking to ensure that aggrieved parties have reasonable access to sources of information, advice, and expertise necessary to engage in a grievance process on fair, informed, and respectful terms
• Transparent: Keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism's performance to build confidence in its effectiveness and meet any public interest at stake
• Rights-compatible: Ensuring that outcomes and remedies accord with internationally recognized human rights
• A source of continuous learning: Drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms
• Based on engagement and dialogue: Consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances

Operational-level grievance mechanisms serve multiple purposes: they provide early warning of human rights problems, enable companies to address issues before they escalate, demonstrate the company's commitment to accountability, and build trust with stakeholders. They complement, but do not replace, judicial and other non-judicial grievance mechanisms.

We can help you design and implement operational-level grievance mechanisms that meet the effectiveness criteria set out in the UNGPs and are tailored to your business context and stakeholder needs.

The Accord on Fire and Building Safety in Bangladesh (commonly known as the Bangladesh Accord) is a legally binding agreement between global brands and retailers and trade unions designed to build a safe and healthy garment industry in Bangladesh. It was established in 2013 in the wake of the Rana Plaza building collapse, which killed over 1,100 garment workers.

The Accord includes:

• Independent inspections of factory buildings, electrical systems, and fire safety
• Public disclosure of inspection reports and corrective action plans
• Mandatory repairs and renovations funded by brands and factory owners
• Worker empowerment through safety training and the right to refuse unsafe work
• A binding dispute resolution mechanism

The Accord has been renewed and evolved over time, most recently as the International Accord for Health and Safety in the Textile and Garment Industry (2021). Participation in the Accord is a key element of responsible sourcing from Bangladesh, and we advise both brands and suppliers on compliance with Accord requirements.

Gender-based violence and harassment (GBVH) is a significant concern in Bangladesh workplaces, particularly in sectors with high concentrations of women workers such as the garment industry. Bangladesh has taken steps to address GBVH through both national legislation and ratification of international conventions.

Key legal protections include:

• Bangladesh Labour Act 2006: Prohibits sexual harassment in the workplace and requires employers to take measures to prevent it.
• High Court Guidelines on Sexual Harassment (2009): Provide detailed guidance on preventing and addressing sexual harassment, including the establishment of complaint committees in workplaces.
• ILO Convention 190 on Violence and Harassment: Bangladesh ratified this landmark convention in 2021, committing to eliminate violence and harassment in the world of work, including gender-based violence and harassment.

Employers are required to:

• Adopt and publicize a clear policy prohibiting sexual harassment and GBVH
• Establish a complaint committee to receive and investigate complaints
• Provide training to workers and managers on preventing and addressing GBVH
• Take prompt and appropriate action when incidents occur
• Ensure that complainants are protected from retaliation

We help employers develop comprehensive GBVH prevention and response programs that comply with legal requirements and create safe and respectful workplaces for all employees.

Corporate social responsibility (CSR) has gained increasing prominence in Bangladesh, with both voluntary initiatives and regulatory requirements. While CSR is not comprehensively regulated, certain sectors and types of companies face specific CSR obligations.

Key CSR requirements include:

• Banking Sector: The Bangladesh Bank (central bank) has issued guidelines requiring banks and financial institutions to allocate a portion of their profits to CSR activities, with priority areas including education, health, disaster management, and environmental protection.
• Listed Companies: The Bangladesh Securities and Exchange Commission (BSEC) requires listed companies to disclose their CSR activities in annual reports.
• Companies Act 2018: Requires certain large companies to constitute a Corporate Social Responsibility Committee and to spend a prescribed percentage of their average net profits on CSR activities.

Beyond legal requirements, many companies in Bangladesh engage in voluntary CSR initiatives as part of their commitment to sustainable and responsible business practices. We advise clients on developing CSR strategies that align with business objectives, address stakeholder expectations, and contribute to sustainable development.

The Organisation for Economic Co-operation and Development (OECD) has developed a suite of due diligence guidance documents that provide practical recommendations for implementing the UN Guiding Principles in specific sectors and on specific issues.

Key OECD guidance documents include:

• OECD Due Diligence Guidance for Responsible Business Conduct (2018): Provides general guidance on implementing risk-based due diligence for responsible business conduct, aligned with the UNGPs.
• OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear Sector (2017): Provides sector-specific guidance on addressing human rights and environmental risks in garment and footwear supply chains.
• OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas (2016): Provides guidance on responsible mineral sourcing to prevent financing of conflict and human rights abuses.
• OECD-FAO Guidance for Responsible Agricultural Supply Chains (2016): Provides guidance on due diligence in agricultural supply chains.

The OECD guidance is aligned with and complements the UN Guiding Principles, providing more detailed and sector-specific recommendations. Many governments and businesses use the OECD guidance as a practical framework for implementing their human rights responsibilities. We help clients apply the OECD guidance to their specific business contexts and integrate due diligence into their management systems.

The Equator Principles (EPs) are a risk management framework adopted by financial institutions for determining, assessing, and managing environmental and social risk in project finance transactions. The EPs are based on the International Finance Corporation (IFC) Performance Standards and are widely used by banks and other financial institutions globally.

The Equator Principles require financial institutions to ensure that projects they finance:

• Comply with applicable environmental and social laws and regulations
• Meet the IFC Performance Standards, which include requirements on social and environmental assessment, labor and working conditions, resource efficiency, community health and safety, land acquisition and resettlement, biodiversity conservation, indigenous peoples, and cultural heritage
• Conduct stakeholder engagement and establish grievance mechanisms
• Implement environmental and social management systems
• Report publicly on their implementation of the Equator Principles

Human rights are addressed throughout the IFC Performance Standards, particularly in Performance Standard 1 (Assessment and Management of Environmental and Social Risks and Impacts), Performance Standard 2 (Labor and Working Conditions), Performance Standard 5 (Land Acquisition and Involuntary Resettlement), and Performance Standard 7 (Indigenous Peoples).

We advise both financial institutions and project sponsors on compliance with the Equator Principles and IFC Performance Standards, helping them to identify and manage human rights risks in project finance transactions.

International investment agreements (IIAs), including bilateral investment treaties (BITs) and investment chapters in free trade agreements, have traditionally focused on protecting the rights of foreign investors. However, there is growing recognition of the need to balance investor protection with states' obligations to protect human rights and their right to regulate in the public interest.

Recent developments in IIAs include:

• Explicit references to human rights: Some newer IIAs include provisions affirming the parties' commitments to human rights and recognizing that investment should support sustainable development.
• Right to regulate: Many modern IIAs include provisions preserving states' right to regulate in areas such as public health, safety, environment, and labor rights.
• Corporate social responsibility clauses: Some IIAs include provisions encouraging or requiring investors to comply with international standards on corporate social responsibility, including human rights.
• Exceptions for human rights measures: Some IIAs include exceptions allowing states to take measures necessary to protect human rights, even if such measures affect foreign investments.

Despite these developments, tensions can still arise between investor protection and human rights. We advise both states and investors on navigating these tensions, ensuring that investment agreements and investment projects respect human rights while providing appropriate protection for legitimate investments.

National Action Plans (NAPs) on Business and Human Rights are policy documents developed by states to outline how they will implement the UN Guiding Principles. The UN Working Group on Business and Human Rights has encouraged all states to develop NAPs as a means of translating the UNGPs into concrete policies and actions.

A comprehensive NAP typically includes:

• An assessment of the national context, including key business and human rights challenges
• Measures to strengthen the state's duty to protect human rights, including through legislation, regulation, and enforcement
• Measures to promote corporate respect for human rights, including through guidance, incentives, and capacity building
• Measures to improve access to remedy for victims of business-related human rights abuses
• Mechanisms for multi-stakeholder engagement and implementation monitoring

As of 2024, over 30 countries have adopted NAPs, and many others are in the process of developing them. NAPs can provide important guidance for businesses on government expectations and priorities regarding business and human rights, and they can also create opportunities for businesses to engage with government and other stakeholders on policy development.

We help clients understand and engage with NAP processes, both in Bangladesh and in other countries where they operate, and we advise on how to align business practices with NAP commitments and expectations.

While the UN Guiding Principles apply to all businesses regardless of size, the way they are implemented will vary depending on the scale and complexity of the business. SMEs may have fewer resources than large corporations, but they can still take meaningful steps to respect human rights.

Practical steps for SMEs include:

• Start with a policy commitment: Develop a simple human rights policy statement that reflects the company's commitment to respecting human rights
• Focus on salient issues: Identify the most significant human rights risks in your business and prioritize addressing those issues
• Integrate into existing processes: Build human rights considerations into existing risk management, procurement, and HR processes rather than creating entirely new systems
• Engage with stakeholders: Talk to employees, suppliers, customers, and communities to understand their concerns and perspectives
• Provide accessible grievance channels: Establish simple mechanisms for people to raise concerns, such as a dedicated email address or phone line
• Learn and improve: Start small, learn from experience, and gradually strengthen your approach over time
• Collaborate: Join industry associations or multi-stakeholder initiatives to share resources and learn from others

We provide tailored advice to SMEs on implementing the UNGPs in a way that is proportionate to their size and resources while still being effective in addressing human rights risks.

The Sustainable Development Goals (SDGs), adopted by the United Nations in 2015, are a set of 17 global goals aimed at ending poverty, protecting the planet, and ensuring prosperity for all by 2030. There is a strong connection between business and human rights and the SDGs, as respecting human rights is essential for achieving sustainable development.

Key linkages include:

• SDG 8 (Decent Work and Economic Growth): Directly relates to labor rights, including the elimination of forced labor, child labor, and modern slavery
• SDG 5 (Gender Equality): Relates to women's rights, including equal pay, prevention of gender-based violence and harassment, and women's empowerment
• SDG 16 (Peace, Justice and Strong Institutions): Relates to access to justice, effective remedies, and accountable institutions
• SDG 10 (Reduced Inequalities): Relates to non-discrimination and equal opportunity
• SDG 13 (Climate Action): Relates to the human rights impacts of climate change and the rights implications of climate action

The UN Guiding Principles provide a framework for businesses to contribute to the SDGs in a manner that respects human rights. By implementing the UNGPs, businesses can help advance multiple SDGs while avoiding negative impacts on human rights. We help clients align their business and human rights strategies with their SDG commitments and reporting.

Measuring and reporting on human rights performance is essential for accountability, continuous improvement, and stakeholder trust. However, it can be challenging given the qualitative and context-specific nature of many human rights issues.

Best practices for measurement and reporting include:

• Use appropriate indicators: Develop both quantitative and qualitative indicators that capture meaningful aspects of human rights performance. Examples include number of workers trained on human rights, percentage of suppliers audited, number of grievances received and resolved, and stakeholder feedback on consultation processes.
• Focus on outcomes: While process indicators (such as policies adopted or trainings conducted) are important, also measure outcomes and impacts on rights-holders. This may require engaging directly with affected stakeholders to understand their experiences.
• Be transparent about challenges: Honest reporting includes acknowledging challenges, gaps, and areas for improvement, not just successes.
• Use recognized frameworks: Align reporting with recognized frameworks such as the UN Guiding Principles Reporting Framework, the Global Reporting Initiative (GRI) Standards, or the Sustainability Accounting Standards Board (SASB) Standards.
• Seek external assurance: Consider having human rights reporting externally assured to enhance credibility.
• Engage stakeholders: Involve stakeholders in defining what should be measured and reported, and seek their feedback on reporting.

We help clients develop human rights measurement and reporting systems that provide meaningful information to stakeholders and support continuous improvement in human rights performance.