Effect given to the recommendations of the committee and the Governing Body - Report No 346, June 2007

Case No 2402 (Bangladesh) - Complaint date: 20-DEC-04 - Closed

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

1. 20. The Committee examined these cases, which concern the alleged anti-union discrimination and intimidation of trade union members and leaders of the Bangladesh Diploma Nurses Association (BDNA), at its March and November 2006 meetings [see 340th Report, paras 21–26 and 343rd Report, paras 22–27], respectively.
2. 21. In respect of Case No. 2188, the Committee requested the Government to consider instituting an independent investigation into the dismissal of Ms Bhattacharjee and envisage dropping its appeal against her reinstatement. It further reiterated its firm hope that the Appellate Division would issue a judgement in conformity with freedom of association principles confirming the High Court decision reinstating her in her job with full benefits and requested the Government to provide it with a copy of the decision of the Appellate Division once it is issued. The Committee further requested the Government to provide information in respect of the warnings issued to ten union officials of the BDNA executive committee and the Committee’s recommendation that the Government give appropriate directions to the management of Shahid Sorwardi Hospital so that these warnings are withdrawn. Finally, the Committee urged the Government to conduct an independent inquiry into: (1) the reasons for the disciplinary proceedings brought against Manimala Biswas, Akikara Akter, Kohinur Begum, Khadabox Sarker, Delwara Chowdhury, Jasmin Uddin and Provati Das, seven trade union leaders of the BDNA, and if it is found that they are related to the trade union activities of these leaders, to ensure that they were withdrawn without delay; and (2) the reasons for the transfer of Sabina Yaesmin and Md. Sazzad Hossanin and if it is found that they were imposed due to their trade union activities, to take appropriate measures to redress the anti-union discrimination.
3. 22. In respect of Case No. 2402, the Committee requested the Government to transmit a copy of the decision of the Appellate Division of the Supreme Court in respect of the transfer of four nurses (Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin) and to conduct an independent investigation into all allegations of anti-union discrimination suffered by the officials and members of the BDNA and, if these allegations are found to be true, to provide redress for the damages suffered.
4. 23. By its communication dated 28 February 2007, the Government transmits a copy of its previous observations in these cases. With regard to Case No. 2188, the Government indicates that following an appointment of a new Advocate on Record, the Attorney General has decided that the dismissal order of Ms Bhattacharjee may be considered and communicated this decision to the relevant department. As concerns Case No. 2402, the Government asserts, once again, that the transfer orders of four staff nurses were issued in the public interest and indicates that following the decision of the Appellate Division of the Supreme Court, the four nurses joined their posts to which they were transferred.
5. 24. The Committee deplores the lack of action by the Government to give effect to its recommendations and the absence of substantive information to its request since the first examinations of these cases. The Committee emphasizes that the Government should recognize the importance for their own reputation of formulating detailed replies to the allegations brought by the complainant organizations, so as to allow the Committee to undertake an objective examination [see Digest of decisions and principles of the Freedom of Association Committee, fifth edition, 2006, para. 24] and strongly urges the Government to be more cooperative in the future.
6. 25. Referring to its previous examinations of these cases, the Committee once again emphasizes that one of the fundamental principles of freedom of association is that workers should enjoy adequate protection against all acts of anti-union discrimination in respect of their employment, such as dismissal, demotion, transfer or other prejudicial measures. Where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention [see Digest, op. cit., para. 835]. The Committee deeply regrets that the Government has maintained its appeal against the reinstatement of Ms Bhattacharjee over several years now and with numerous procedural delays, including the changing of the Advocate on Record, without making an attempt to carry out an independent investigation into the circumstances of her dismissal to determine whether there had been anti-union discrimination, as the Committee had previously requested. The Committee, therefore, once again strongly urges the Government to conduct independent investigations immediately into all allegations of anti-union discrimination suffered by the officials and members of the BDNA, including the dismissal of Ms Bhattacharjee, the disciplinary proceedings brought against seven trade union leaders of the BDNA (Manimala Biswas, Akikara Akter, Kohinur Begum, Khadabox Sarker, Delwara Chowdhury, Jasmin Uddin and Provati Das) and the transfer of Sabina Yaesmin and Md. Sazzad Hossanin and ten senior trade union leaders of the BDNA, as alleged by the complainant in Case No. 2402. If these allegations are found to be true, the Committee requests the Government to take the necessary measures to redress the anti-union discrimination and to provide appropriate remedy for the damages suffered. It further requests the Government to keep it informed of the outcome of the investigations.
7. 26. The Committee once again requests the Government to transmit copies of the decision of the Appellate Division of the Supreme Court in respect of the transfer of four nurses, leaders of the BDNA (Ms Krishna Beny Dey, Ms Israt Jahan, Mr Golam Hossain and Mr Kamaluddin) and the decision of the Appellate Division in respect of dismissal of Ms Bhattacharjee.
8. 27. Finally, the Committee requests the Government to provide information in respect of the warnings issued to ten union officials of the BDNA executive committee and the Committee’s recommendation that the Government give appropriate directions to the management of Shahid Sorwardi Hospital so that these warnings are withdrawn.