Definitive Report - Report No 236, November 1984

Case No 1259 (Bangladesh) - Complaint date: 03-FEB-84 - Closed

1. 62. The Trade Unions International of Transport Workers presented a complaint of violations of trade union rights in a communication dated 3 February 1984. It presented additional allegations in a letter of 6 March 1984. The Government transmitted its observations in a communication dated 14 July 1984.
2. 63. Bangladesh has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant's allegations

1. 64. In its communication of 3 February 1984 the complainant alleges the unlawful arrest of the leaders of its affiliated organisation, the Chittagong Port Workers' Union. the General Secretary Mr. Abul Kalam, the President Mr. Jalaluddin and Messrs. Nazrul and Shiek Manik. It claims that they have been under arrest for almost one year and that, in addition to their arrest, the authorities have imposed "several restrictions and repressive measures".
2. 65. In its further communication, the complainant alleges the arrest of a leader of another of its affiliated organisations in Bangladesh, the Bangladesh Transport Trade Union Federation. the Working President Mr. Monjurul Ahsan Khan. In a post-scriptum, the complainant states that it has just learnt that 37 trade union leaders in Bangladesh have been arrested.

B. The Government's reply

1. 66. In its communication of 14 July 1984, the Government states that the case against the arrested union leaders has been withdrawn and the persons concerned have been released.

C. The Committee's conclusions

1. 67. The Committee must first point out that the complainant organisation neither alleges, nor does it provide information to show that the arrests complained of were based on trade union activities or membership; it merely states that - in four cases - the arrests were "unlawful". Moreover, the Committee notes that the complainant, despite having had the opportunity to do so, has not supplied detailed information (such as dates, places) concerning the circumstances in which the five named trade union leaders were arrested, nor does it supply the names of the 37 other union leaders who are said to have been arrested, presumably in March 1984. The Government, for its. part, in reply to the allegations merely states that all the cases against the arrested union leaders have been withdrawn and that all the persons concerned have been released.
2. 68. In these circumstances, while drawing attention generally to the principle that the arrest and detention of trade unionists against whom no grounds for pursuing legal proceedings are subsequently found restrict trade union rights, the committee considers that the case does not call for further examination.

The Committee's recommendations

1. 69. In these circumstances, the Committee recommends the Governing Body to approve this report and, in particular, the following conclusions.
   • (a) the Committee draws the Government's attention to the principle that the arrest and detention of trade unionists against whom no grounds for pursuing legal proceedings are subsequently found restrict trade union rights;
   • (b) the Committee considers that this case does not call for further examination.