Informe provisional - Informe núm. 199, Marzo 1980

Caso núm. 861 (Bangladesh) - Fecha de presentación de la queja:: 10-SEP-76 - Cerrado

1. 192. The Committee has examined this case in May 1977, November 1978 and May 1979, when it presented interim reports to the Governing Body. New allegations were received from the World Federation of Trade Unions (WFTU) on 31 July 1979, and the Government has communicated observations in letters of 5 November 1979 and 22 January 1980.
2. 193. 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).
3. 194. The allegations at issue concern the detention of a trade unionist, interference by the authorities in trade union activities, the denial of the right of public employees to organise and incidents at two jute mills.

A. Detention of a trade unionist

1. 195. With regard to the detention of Mr. Arum Sarkar, Secretary of the Chittagong Tea Gardens Workers' Union, the Trades Union international of Agricultural, Forestry and Plantation Workers alleged that he had been arrested on 22 November 1978 without specific charges. At its May-June 1979 Session, the Governing Body, on the recommendation of the Committee requested the Government to provide its observations on the alleged detention of Mr. Arum Sarkar.
2. 196. In its communication of 5 November 1979, the Government stated that Mr. Arum Sarkar is General Secretary of the Chittagong Tea Gardens Workers' Union and is working in the Baramasia Tea Garden, Nasirhat, Chittagong, and is not in detention. The Committee notes this information. It considers that under these circumstances this aspect of the case does not call for further examination.

B. Interference in trade union activities

1. 197. As regards the allegations concerning interference by the authorities in trade union activities, the Committee had noted in its previous examination of the case the Government's statement that the restrictions which had been imposed, including prohibition of strikes, were laid down under general emergency measures, and were no longer in effect.
2. 198. In its communication of 31 July 1979, the WFTU alleged that the ban on strikes still continued.
3. 199. The Government, in its communication of 22 January 1980, states that the temporary orders issued under the Emergency Powers Rules by the previous Government restricting strikes and lockouts have been rescinded by the present Government. Subsequently the Proclamation of Emergency itself was revoked by the present Government and all restrictions imposed under the Proclamation of Emergency, the Emergency Powers Rules and the Notifications issued thereunder, have been lifted.
4. 200. As regards the right to strike, the Committee notes that the WFTU's allegations that the ban on strikes was still in effect was communicated some months after the Government's original statement, in February 1979, that the ban had been lifted. The Government has now reiterated its statement to this effect in the absence of specific allegations of instances in which strikes have been banned recently, the Committee can only note the contradictory nature of these statements. However, it does note that the only restrictions alleged were under the emergency legislation, which is now reported to have been rescinded entirely. Under the circumstances, it does not consider it necessary to examine further this aspect of the case.

C. Rights of public employees to organise

1. 201. The WFTU alleged also that public service employees were not allowed to carry on trade union activities. There was also alleged to be a ban on trade unions of employees of nationalised and semi-government institutions and establishments which do not come under the provisions of the Factories Act, involving about a million workers.
2. 202. The Committee observes that the complainant has not stated that these restrictions are imposed under emergency legislation, and that the Government made no specific mention of these categories of employees in its statement that emergency measures have been rescinded. The Committee notes from information available to the Committee of Experts on the Application of Conventions and Recommendations that at least some restrictions on the trade union rights of public employees were included in emergency measures, and notes also that the Committee of Experts has requested further information from the Government, on several occasions, on the legislative provisions governing the trade union rights of civil servants.
3. 203. The Committee wishes to recall that the standards on freedom of association embodied in Convention No. 87, which has been ratified by Bangladesh, apply to all workers "without distinction whatsoever", and are therefore applicable to employees of the State. It was indeed considered inequitable to draw any distinction in trade union matters between workers in the private sector and public servants, since persons in either category should be permitted to become organised for the defence of their interests.
4. 204. The Committee therefore requests the Government to furnish information on the legislative provisions now in force governing the right to organise of employees of the public service, nationalised and semi-governmental institutions and establishments not covered by the Factories Act, indicating whether these workers are allowed to join and form trade unions.

D. Incidents at two jute mills

1. 205. In its communication of 31 July 1979, the WFTU also stated that according to the most recent information received from BTUK, its affiliate in Bangladesh, the present ruling party, the Bangladesh Nationalist Party, formed at the end of 1978, had created its labour front on April 1979 under the name of Jatiotabadi Sramik Dal (Nationalist Workers Party), which has launched attacks on trade unions and workers in different areas, backed by the Government's administrative machinery, with a view to "capturing" the labour movement forcibly. Recently, hooligans belonging to this organisation led brutal attacks on the workers of the Asraf Jute Mills and Ashkari Jute Mills of Kanchan industrial area of Rupganj police station in Dacca District, where BTUK is the bargaining agent, injuring hundreds of workers and looting their property. The hooligans are said to be backed by administrative authority, and to have created a reign of terror in the area making it impossible for hundreds of leading workers to enter the factories and carry out their duties and their normal trade union activities.
2. 206. In its observations of 5 November 1979 and 22 January 1980, the Government states that the Jatiotabadi Sramik Dal is a federation of labour unions. There are presently 17 national labour federations and 36 craft federations in the country and there are no restrictions on the formation of new federations. In view of the multi-party system, some trade union federations tend to remain associated with one or another major political party. The Government states that the allegations concerning the incidents in the two jut(, mills are not correct. They are a result of inter-union rivalry and the Government has already taken steps to ensure that the peaceful situation in the area is not disturbed.

E. E. The Committee's conclusions

1. 207. The Committee notes the Government's statement. It recalls that it has considered it inappropriate to examine the merits of a jurisdictional conflict between the unions. However, it also notes the allegation that the Jatiotabadi Sramik Dal is affiliated to the present ruling party, which is aid to be using the administrative machinery of the Government to support its efforts to take control of the trade union movement.
2. 208. The Government's reply contains a general denial of these allegations, but does not reply specifically to them. The Committee would thus ask the Government to furnish further details, indicating in particular whether there has been an investigation of the incidents at the jute mills, what were the results of any such investigation, and what steps have been taken to ensure that the right of workers freely to choose their representatives is safeguarded.

The Committee's recommendations

1. 209. Under these circumstances, and with regard to the case as a whole, the Committee recommends the Governing Body:
   • (a) to note that Mr. Arum Sarkar is not in detention, and to decide that this aspect of the case does not call for further examination;
   • (b) with regard to the allegations of interference in trade union activities:
   • (i) to note the Government's statement that all measures taken under emergency legislation have now been rescinded;
   • (ii) to decide that this aspect of the case does not call for further examination;
   • (c) with regard to the right of public employees to organise:
   • (i) to recall that Convention No. 87 applies to all workers without distinction whatsoever;
   • (ii) to request the Government to provide the information listed in paragraph 203 above on the legislation now in force governing employees of the public service, nationalised and semi-governmental institutions and establishments;
   • (d) to request the Government to provide the further information indicated in paragraph 207 above concerning the incidents alleged to have taken place at two jute mills;
   • (e) to take note of the present interim report.