Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bangladesh (Ratification: 1972)

The Committee notes the information provided in the Government’s report, the statement made by the Government representative to the 1998 Conference Committee and the discussion that followed.

The Committee recalls that it has been commenting for many years on the following serious discrepancies between the national legislation and the provisions of the Convention: the exclusion of managerial and administrative employees from the right of association under the Industrial Relations Ordinance (IRO), 1969; restrictions on the right of association of public servants; restrictions concerning holding trade union office; excessive external supervision of the internal affairs of trade unions; the "30 per cent" requirement for initial or continued registration as a trade union; denial of the right to organize of workers in export processing zones (EPZs); restrictions on the right to strike.

The Committee notes with regret that, save for some developments in relation to EPZs discussed below, the Government practically reiterates the same arguments it has been making for many years and that, despite repeated observations to the same effect, serious discrepancies continue to exist between the national legislation and the Convention on the issues mentioned above. The Committee also notes that this total lack of progress, 28 years after the ratification of the Convention, was noted once again with great concern by the Conference Committee on the Application of Standards during its discussion of these issues in 1999. The Committee further notes that during that discussion, the Government’s representative stated that all these points were examined by a tripartite Labour Code Review Committee (established in 1992, but which did not report), and that the Ministry of Labour had decided to set up a mechanism within the Ministry to "thoroughly examine the issue and make recommendations to correct any discordance between the Convention and the existing legislation". The Committee regrets to be unable, on this point as well, to note any progress whatsoever on these commitments of the Government.

As regards EPZs, whilst the arguments advanced are essentially the same as those of previous years (i.e. that union-free EPZs are an economic necessity to attract foreign investment, and that workers in these zones enjoy better facilities and service conditions than workers in other industrial sectors), the Committee notes that the Government indicates it is now taking necessary steps to form a labour welfare committee in EPZs. Recalling that workers in EPZs should have the same rights as other workers, the Committee firmly hopes that said labour welfare committee will be set up rapidly, and requests the Government to provide information in its next report on concrete measures taken and progress achieved in this respect.

In these circumstances, the Committee is bound to refer to its previous detailed observations and, recalling once again that the Government may avail itself of the technical assistance of the ILO, urges it to amend its legislation accordingly in the very near future.

In addition, a request regarding certain points is being addressed directly to the Government.

[The Government is asked to report in detail in 2001.]