Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Bangladesh (Ratification: 1979)

Article 5(1). Effective tripartite consultations. In its previous comments, the Committee invited the Government to take advantage of the tripartite consultation procedures required under the Convention in order to move forward with ratification and application of the ILO instruments relevant to the occupational safety and health (OSH) framework, in accordance with the Tripartite Statement of Commitment adopted in 2013 after the tragic events of Rana Plaza and the Tazreen Factory. It also invited the Government to re-examine certain other unratified Conventions in consultation with the social partners, specifically the Minimum Age Convention, 1973 (No. 138), a fundamental Convention; the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Employment Policy Convention, 1964 (No. 122), both of which are governance Conventions; the Indigenous and Tribal Peoples Convention, 1989 (No. 169), whose ratification would result in the immediate denunciation of the Indigenous and Tribal Populations Convention, 1957 (No. 107); the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185); and the Maritime Labour Convention, 2006 (MLC, 2006). The latter two instruments, were both ratified in 2014 by Bangladesh. The Government indicates that ratification of the Conventions mentioned by the Committee is not feasible in the near future, as it would take considerable time to create the necessary administrative and legal systems prior to ratifying these instruments. The Government adds that, while it has not ratified the OSH instruments, it is nevertheless committed to ensure enforcement of existing legislation related to OSH and work-related injuries. The Committee notes that the Government does not provide information on the consultations held by the Tripartite Consultative Council on the other matters covered under Article 5(1) of the Convention. The Committee therefore urges the Government to provide specific and detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, particularly relating to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).