Effect given to the recommendations of the committee and the Governing Body - Report No 311, November 1998

Case No 1862 (Bangladesh) - Complaint date: 11-DEC-95 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 12. The Committee last examined the substance of this case at its November 1997 meeting (see 308th report, paras. 17-23). On this occasion, the Committee requested the Government to:
   • (a) amend the Industrial Relations Ordinance, 1969 (IRO), so that workers can establish and join organizations of their own choosing without restrictions;
   • (b) provide it with further information regarding the nature of the inquiries into the trade union situation at Palmal Knitwear Factory Ltd and details regarding the findings on: (i) blacklisting of workers and trade unionists; (ii) intimidation, beating and resignation of Messrs. M. Rahman and Mr. N. Ahmed; (iii) termination of employment of eight Bangladesh Independent Garment Workers' Union (BIGU) members; (iv) discrediting of 11 BIGU members; (v) forced resignation of two women workers; (vi) attack on BIGU trade union premises and the assault on BIGU trade unionists on 21 November 1995;
   • (c) keep it informed of the outcome of the cases pending in the labour courts which were filed by six of the eight BIGU members whose employment was terminated and to take measures to reinstate the workers concerned if their dismissals are proved discriminatory;
   • (d) take the necessary steps to clarify Ms. Kalpana's employment situation, to ensure that she can continue to work in her post at Palmal, if she so wishes, and to make sure that she is not discriminated against because of her trade union activities;
   • (e) keep it informed of the outcome of IRO cases Nos. 48/95, 50/95, 51/95, 54/95, 55/95 and 74/95, which have been filed by various BIGU activists and members and which are still pending in labour courts;
   • (f) take appropriate steps to ensure that the newly formed union at Saladin Garments Ltd. is granted registration;
   • (g) provide it with further information regarding the nature of the inquiries and details concerning the findings on the allegations of violations of trade union rights at Saladin Garments Ltd. and more precisely on: (i) the torture of Mr. Chand Mia, a worker at Saladin Garments Ltd, by Messrs Nannu, Jainal and Monir on 8 and 9 April 1996; (ii) severe harassment and intimidation of union president, Ms. Asma, and other union members, including through the issuing of death threats and misconduct letters; (iii) the forced resignation of union general secretary, Ms. Shuli, and another woman union member.
2. 13. In a communication dated 19 May 1998, the Government states that further inquiries on the trade union situation at Palmal Knitwear Factory Ltd are in progress; the Committee will be informed of the outcome of such inquiries in due course. While noting this information, the Committee regrets that the Government has not provided specific information on the matters expressly mentioned in point (b) above, despite their seriousness and the time which has elapsed since the Committee first examined the case; it therefore requests the Government to communicate the results of these inquires without delay.
3. 14. As regards the need to review sections 7(2) and 10(1)(g) of the Industrial Relations Ordinance, 1969 (IRO), the Government reiterates that the IRO substantially conforms with the requirements of Conventions Nos. 87 and 98. Amendments to the IRO which would lead to the suppression of the membership requirement of 30 per cent of the total number of workers employed in the establishment or group of establishments concerned for a union to be registered would result in a multiplicity of trade unions and jeopardize their effective functioning. The Government concludes that amendments in this regard cannot be insisted upon. While noting this information, the Committee recalls that for many years, the Committee of Experts on the Application of Conventions and Recommendations has been asking the Government to review these provisions in order to bring them into conformity with the principles of freedom of association (see observation, Report III, Part 4A. of 1997, p. 151 of the English text). The Committee, like th
   • e Committee of Experts, considers that they unduly restrict the right of all workers to organize and urges therefore the Government to take the necessary measures in order to amend the legislation in this respect.
4. 15. Regarding the granting of registration to the union formed at Saladin Garments Ltd., the Government repeats that the proposed trade union's application was rejected by the Registrar. The trade union appealed this decision and the case is still pending. Noting this information, the Committee reiterates its recommendation that the Government should take the necessary steps to ensure that the union is granted registration so as to enable it to exercise legitimate trade union activities and requests the Government to keep it informed in this regard.
5. 16. As regards the inquiries into allegations of violations of trade union rights at Saladin Garments Ltd., the Government repeats that all the complainants are working in their respective fields peacefully and that the Director of Labour reached objective and fair conclusions through a neutral and independent inquiry. The Government therefore considers that no judicial inquiry is warranted in this case. The Committee regrets that the Government did not comply with its requests to institute an independent judicial inquiry in this regard and cannot but insist on the importance it attaches to such inquiry with a view to clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts.
6. 17. Finally, the Committee regrets that the Government has not provided any information on its other recommendations, i.e. the outcome of the court cases filed by BIGU members and activists (points (c) and (e) mentioned above) and Ms. Kalpana's employment situation (point (c) above).