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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government on tripartite consultations held within the Tripartite Consultative Council (TCC) during the reporting period on matters concerning international labour standards covered by Article 5(1) of the Convention. In this respect, the Committee notes that, in 2017, the TCC discussed the possibility of ratifying the Minimum Age Convention, 1973 (No. 138). The Government reports that preparatory work for the ratification of Convention No. 138 is being carried out, including tripartite consultations in the TCC concerning ratification. With regard to the possible ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Employment Policy Convention, 1964 (No. 122), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Government reiterates that the ratification of these instruments is not feasible in the near future, indicating that in light of current economic and social circumstances in the country, it would take considerable time to create favourable administrative and legal systems prior to ratification. With respect to the ratification and application of the ILO instruments relevant to the occupational safety and health (OSH) framework contemplated under the 2013 Tripartite Statement of Commitment adopted after the tragic events of Rana Plaza and the Tazreen Factory, the Government indicates that the ratification of these instruments is not envisaged. The Government once again indicates that, while it has not ratified the OSH instruments, it is nevertheless committed to ensuring enforcement of existing legislation related to OSH. The Government refers in this context to the implementation of a set of initiatives taken with a view to improving the OSH situation of workers in the country, including the adoption of a National OSH Policy in 2013 and the establishment of a permanent Industrial Safety Unit under the Department of Inspection for Factories and Establishments within the Ministry of Labour and Employment (MOLE). It also refers to the establishment in March 2017 of a 20-member TCC for the ready-made garment (RMG) sector. The Government does not, however, indicate whether or not tripartite consultations were held to examine the possible ratification of the OSH instruments referenced. Lastly, the Government refers to the adoption of measures taken during the reporting period to strengthen the Tripartite Consultative Council, such as the establishment in 2017 of a TCC support unit within the MOLE. In addition, the formation of the TCC was incorporated in the Bangladesh Labour Act, 2006 (BLA), in amendments introduced in 2018. The Committee requests the Government to provide specific and detailed information on the content, the outcome and the frequency of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including on: replies 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)), including ILO instruments relevant to the occupational safety and health (OSH) framework; and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

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

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)).

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Effective tripartite consultations required by the Convention. The Government indicates that it has constituted the Tripartite Consultative Council (TCC) which is composed of 60 members having equal representation from employers’ organizations, workers’ organizations and Government. The Committee notes with interest that at the TCC meeting held on 30 July 2013, the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006), were recommended for ratification. The Committee invites the Government to provide a report containing more detailed information on the effective consultations held by the Tripartite Consultative Council on the matters relating to international labour standards covered by the Convention. It also invites the Government to provide in its next report information on the progress made towards ratification of Convention No. 185 and the MLC, 2006 (Article 5(1)(c) of the Convention). The Committee also invites the Government to re-examine some other unratified Conventions with the social partners, in particular the Minimum Age Convention, 1973 (No. 138), which is deemed a fundamental Convention; the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Employment Policy Convention, 1964 (No. 122), which are deemed governance Conventions; and 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).

Unratified Conventions on occupational safety and health. Following the tragic events resulting from the Rana Plaza building collapse in April 2013 and the Tazreen factory fire in November 2012, the Committee notes the National Tripartite Plan of Action on Fire Safety and Structural Integrity in the ready-made garment sector in Bangladesh signed on 25 July 2013 and notes the ILO programmes developed with the tripartite partners. It recalls that in the Tripartite Statement of Commitment, adopted in Dhaka on 15 January 2013, the social partners in Bangladesh expressed the need to respect and promote the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Occupational Safety and Health Convention, 1981 (No. 155), and other relevant standards such as the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121). The Committee invites the Government and the social partners to take advantage of the tripartite consultation procedures required by the Convention to achieve progress towards the application and ratification of the instruments of the ILO relevant to the framework for occupational safety and health.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Effective tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2013 in reply to its previous observation. The Government reiterates that it has constituted the Tripartite Consultative Council (TCC) which is composed of 60 members having equal representation from employers’ organizations, workers’ organizations and Government. The Committee notes with interest that at the TCC meeting held on 30 July 2013, the Seafarers’ Identity Documents Convention (Revised), 2003 (No. 185), and the Maritime Labour Convention, 2006 (MLC, 2006), were recommended for ratification. The Committee invites the Government to provide a report containing more detailed information on the effective consultations held by the Tripartite Consultative Council on the matters relating to international labour standards covered by the Convention. It also invites the Government to provide in its next report information on the progress made towards ratification of Convention No. 185 and the MLC, 2006 (Article 5(1)(c) of the Convention). The Committee also invites the Government to re-examine some other unratified Conventions with the social partners, in particular the Minimum Age Convention, 1973 (No. 138), which is deemed a fundamental Convention; the Labour Inspection (Agriculture) Convention, 1969 (No. 129), and the Employment Policy Convention, 1964 (No. 122), which are deemed governance Conventions; and 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).

Unratified Conventions on occupational safety and health. Following the tragic events resulting from the Rana Plaza building collapse in April 2013 and the Tazreen factory fire in November 2012, the Committee notes the National Tripartite Plan of Action on Fire Safety and Structural Integrity in the ready-made garment sector in Bangladesh signed on 25 July 2013 and notes the ILO programmes developed with the tripartite partners. It recalls that in the Tripartite Statement of Commitment, adopted in Dhaka on 15 January 2013, the social partners in Bangladesh expressed the need to respect and promote the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Occupational Safety and Health Convention, 1981 (No. 155), and other relevant standards such as the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121). The Committee invites the Government and the social partners to take advantage of the tripartite consultation procedures required by the Convention to achieve progress towards the application and ratification of the instruments of the ILO relevant to the framework for occupational safety and health.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in September 2011 in reply to its 2009 observation. The Government recalls that it has constituted the Tripartite Consultative Council (TCC) in conformity with the Convention. It further reports that the TCC is currently composed of 60 members having equal representation from employers’ organizations, workers’ organizations and government. The Labour and Employment Minister is the Chairman of the TCC. All issues related to labour including wages, employment conditions and child labour, as well as labour standards, are discussed in the TCC. Decisions are taken through consultation and actions are taken per agreement. The Committee notes that the Government has formulated the National Child Labour Elimination Policy, 2010, which was discussed in the TCC. It also notes that the Government has declared a minimum wage for the Ready Made Garments (RMG) sector following tripartite consultations. The Government indicates in its report that a tripartite committee has been formed to review the Bangladesh Labour Act, 2006. The next TCC meeting will discuss the revised Labour Act, once it is finalized. The Committee requests the Government to provide a report containing more detailed information on the effective consultations held by the Tripartite Consultative Council on the matters relating to international labour standards listed in Article 5(1) of the Convention. In this respect, the Committee hopes that the next report will include information on reports or recommendations made as a result of the consultations covered by the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite consultations required by the Convention. The Committee notes the information provided by the Government in its report received in August 2009 in reply to its 2007 observation requesting substantive information on the consultations held on matters related to international labour standards. The Committee notes that the replies to questionnaires concerning items on the agenda of the Conference were prepared on the basis of tripartite consultations (Article 5(1)(a) of the Convention). The Government indicates that proposals to be made to Parliament were thoroughly considered in the Tripartite Consultative Committee (Article 5(1)(b)). The Committee notes that the Government is actively considering the ratification of the Minimum Age Convention, 1973 (No. 138), and others on the basis of the socio-economic conditions (Article 5(1)(c)). The Government also indicates that no questions arose with regard to reports to be made on ratified Conventions (Article 5(1)(d)). The Committee once again requests the Government to provide a report containing more concrete information on the effective consultations held by the Tripartite Consultative Committee on international labour standards. In this respect, the Committee hopes that the next report will also include information on reports or recommendations made as a result of the consultations covered by the Convention.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Tripartite consultations required by the Convention. The Committee notes the brief reply supplied by the Government to its previous comments indicating that, before sending the replies and before the preparation of the items for the agenda of the Conference, matters are regularly consulted in a tripartite forum. The Committee expresses its interest to receive more substantive information on the consultations held on all the matters related to international labour standards covered by the Convention. In this respect, the Committee asks the Government again to provide a report containing information on the consultations held by the Tripartite Consultative Council on international labour standards. Regarding the consultations on the proposals made when submitting the instruments adopted by the Conference to the Standing Parliamentary Committee, the Committee of Experts refers to the observations it has been making for many years on compliance with the obligation of submission and hopes that the Government will be in a position to announce very soon that it has held the consultations required by Convention No. 144 and submitted all the remaining instruments to Parliament (Article 5, paragraph 1(b) and (c), of the Convention). Please also supply information on the matters specified in Article 5, paragraph 1(a), (d) and (e), of the Convention, including information on the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Tripartite consultations required by the Convention. The Committee notes the replies provided by the Government to its previous direct request on the consultations held by the Tripartite Consultative Council on international labour standards. Regarding the consultations on the proposals made when submitting the instruments adopted by the International Labour Conference to the Standing Parliamentary Committee, the Committee refers to the observations it has been making for many years on compliance with the obligation of submission, and hopes that the Government will be in a position to announce very soon that it has held the consultations required by Convention No. 144 and submitted all the remaining instruments to Parliament (Article 5, paragraph 1(b) and (c), of the Convention).

2. In general, the Committee hopes that the Government will be in a position to provide more substantive information on the consultations held on the other items covered by the Convention, as specified in Article 5, paragraph 1(a), (d) and (e), of the Convention, including information on the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the short report provided by the Government for the period ending May 2003. It requests the Government to provide particulars, in its next report, of the consultations held by the Tripartite Consultative Council or others, on each of the subjects listed in Article 5, paragraph 1, of the Convention and to indicate the nature of any reports or recommendations made as a result of the consultations.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report. It observes that it contains relatively succinct information about the consultations held on the Convention and Protocol, to use the Government's term, adopted by the International Labour Conference in 1995. The Committee asks the Government to provide particulars, in future reports, of the consultations held on each of the subjects listed in Article 5, paragraph 1, of the Convention, and to indicate the nature of all reports or recommendations made as a result of the consultations.

The Committee notes that, according to the Government, the Directorate of Labour and the Bangladesh Employers' Association submitted comments. The Government is asked to send the observations received from the representative organizations, together with any comments it considers useful, as requested in point VI of the report form.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee has taken note of the brief report from the Government for the period ending 30 June 1994.

The Committee notes that the information provided only very partially addresses the points raised in previous comments. The Committee requests that the Government provide in its next report detailed information on each of the consultations held on the points in Article 5, paragraph 1, of the Convention, specifying the intervals between consultations (Article 5, paragraph 2).

The Committee also notes from the report that observations were made by the Bangladesh Employers' Confederation. The Government is requested to forward the text of these observations along with any comments it considers appropriate as requested in point VI of the report form.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information in the Government's report concerning the subjects of the tripartite consultations which have taken place. It would be grateful if the Government would continue in its next report to give particulars on each of the matters set out in Article 5, paragraph 1, of the Convention, as well as information as to the frequency of such consultations (Article 5, paragraph 2).

The Committee also notes that comments have been submitted by the Bangladesh Employers' Confederation. It recalls that, according to Part IV of the report form, the Government is requested to communicate the observations received, together with any comments that it considers useful.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee takes note of the Government's report. It requests the Government to provide detailed information on consultations held during the period covered by the next report on each of the points set out in Article 5, paragraph 1, of the Convention. The Committee also notes the comments submitted by the Bangladesh Employers' Association.