Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee takes note of the Government’s reply to the comments made by the International Confederation of Free Trade Unions (ICFTU) on 31 August 2005. The Committee recalls that the ICFTU’s comments referred to questions already raised and, in particular, concerned: (1) the police arrest of 350 women trade unionists in 2004, including the general secretary of the Jatio Sramik League (JSL) Women’s Committee, when they were taking part in activities to mark Women’s Day organized by the ICFTU-affiliated JSL (they were released on bail on 25 April and were due to face possible charges in court on 5 May 2005, although the nature of those charges was unclear); and (2) the Registrar’s refusal to register the Immaculate (Pvt.) Ltd. Sramik Union (a case which was the object of conclusions and recommendations by the Committee on Freedom of Association (Case No. 2371, 340th Report, paragraphs 35-41)).

Concerning the police arrest of 350 women trade unionists, the Committee takes note of the Government’s reply that it has no comment on this incident and that the law will take its own course. The Committee wishes to stress once again that the arrest and detention, even for short periods, of trade union leaders and members engaged in legitimate trade union activities, without any charges being brought and without a warrant, constitute a grave violation of the principle of freedom of association. Moreover, the Committee emphasizes that freedom of assembly constitutes a fundamental aspect of trade union rights and the authorities should refrain from any interference which would restrict this right or impede the lawful exercise thereof, provided that the exercise of these rights does not cause a serious and imminent threat to public order (see 1994 General Survey on freedom of association and collective bargaining, paragraphs 31 and 35). The Committee requests the Government to communicate detailed observations indicating the grounds on which 350 women trade unionists, including the general secretary of the JSL’s Women’s Committee, Shamsur Nahar Bhuiyan, were arrested in 2004, whether charges have been brought against them, and whether their case is being heard in front of a judicial authority. The Committee requests the Government to provide a copy of all judicial decisions taken in this matter.

In respect to the ICFTU’s comments relating to the Registrar’s refusal to register the Immaculate (Pvt.) Ltd. Sramik Union, the Committee takes note of the Government’s reply stating that the matter is currently in front of the court. The Committee notes that the procedure for the registration of this union started in 2003. While regretting the delay, the Committee urges the Government to report on the measures taken to ensure the prompt registration of the Immaculate (Pvt.) Ltd. Sramik Union. Furthermore, the Committee requests the Government to send a copy of the judicial decisions once adopted.

Lastly, the Committee takes note of the observations of the ICFTU dated 12 July 2006, which mainly concern legislative issues raised in the previous observations of the Committee and underline recent problems regarding the application of Convention No. 87 in the garment and textile industries. In particular, the ICFTU alleges the harassment of unions by the national intelligence authorities, police violence against protesting workers, arrests of trade unionists, as well as the difficulty in establishing trade unions in the ship recycling industry.

The Committee requests the Government to transmit its observations on all the comments made by the ICFTU as well as on the other issues raised by the Committee (see 2005 observation, 76th Session) for examination during the regular reporting cycle in 2007.