Allegations: The complainant organization alleges anti-union discrimination and intimidation through the discriminatory transfer of ten senior leaders of the Bangladesh Diploma Nurses Association (BDNA) and the proposed transfers of 200 other union members
458. The complaint is set out in a communication from Public Services International (PSI) dated 20 December 2004 on behalf of one of its affiliate organizations, the Bangladesh Diploma Nurses Association (BDNA).
- 459. The Government sent its observations in a communication dated 20 March 2005.
- 460. Bangladesh has ratified both 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
A. The complainant’s allegations- 461. In its communication dated 20 December 2004, the complaint raises allegations of anti-union discrimination against the officials and members of the Bangladesh Diploma Nurses Association (BDNA), 98 per cent of whose members are women. The complainant alleges that on 26 November 2004, the Director of Nursing in Bangladesh issued a series of transfer orders to senior trade union leaders of the BDNA with a view to disrupt the legitimate activities of the union. Transfer orders are stated to have been issued to ten central executive members of the union including: (1) Ms. Krishna Beny Day, Senior Vice-President of the BDNA who has been transferred from Dhaka Medical College Hospital to Narayangang Hospital; (2) Ms. Israt Jahan, General Secretary who has been transferred from IDC Hospital to Sarisabari Health Complex; (3) Mr. Golam Hossain, Joint General Secretary who has been transferred from Mitford Hospital to Sylett; and (4) Mr. Kamaluddin Ahmed, Organizing Secretary who has been transferred from Shahid Sorwadi Hospital to Mymonsing Medical College Hospital, Dhaka. The complainant alleges that the transfer orders were issued a few days before a major BDNA conference on 28 November 2004 which was called to review a set of proposals designed to improve health services, employment conditions and address pay equity in Bangladesh. The complainant also alleges that the transfers are in contravention of the rules and regulations of the Ministry of Establishment.
- 462. The complainant states that it had written to the Nursing Director and the Prime Minister requesting that these transfers be revoked. However, the concerned trade union officials were directed to comply with the transfer orders within three days failing which they would be subject to dismissal procedures. Furthermore, up to 200 other members of the BDNA were also told that they would receive similar orders.
- 463. The complainant requests that: (a) all the aforementioned transfer notices be revoked and the persons affected be able to return to the posts they held previously; (b) the Nursing Directorate put an end to all discriminatory and intimidatory actions against the leaders and members of the BDNA; and (c) the Nursing Directorate and the Ministry of Health enter into negotiations with the BDNA concerning their legitimate demands for improvements in overall funding of health services in Bangladesh and terms and conditions of employment.
- B. The Government’s reply
- 464. The Government states that the concerned nurses had been transferred for administrative reasons and in the public interest and that their transfer does not amount to an infringement of trade union rights in Bangladesh. The Government also states that the aggrieved nurses filed writ petitions in the High Court Division of the Supreme Court against the transfer orders. The High Court issued injunctions on the transfer orders against which the Government filed petitions for leave to appeal to the Appellate Division. The Appellate Division stayed the ad interim orders of the High Court Division and parties were directed to take positive steps for expeditious disposal of the said writ petitions pending before the High Court Division.
C. The Committee’s conclusions
C. The Committee’s conclusions- 465. The Committee notes that this case concerns allegations of anti-union discrimination against the officials and members of the Bangladesh Diploma Nurses Association (BDNA). The complainant states that ten officials of the central executive of the BDNA including its Senior Vice-President, General Secretary, Joint General Secretary and Organizing Secretary were issued transfer orders by the Director of Nursing on 26 November 2004 just two days prior to a major BDNA conference to be held on 28 November 2004. According to the complainant, the transfer orders were issued with a view to disrupt the legitimate activities of the union. The complainant also states that the transfer orders are in contravention of the relevant rules and regulations of the Ministry of Establishment. The Government on the other hand states that the transfer orders had been issued for administrative reasons and in the public interest. The Government also states that the concerned nurses have filed writ petitions against their transfer orders that are pending before the High Court Division of the Supreme Court.
- 466. While taking note of the explanation of the Government that the transfer orders were issued for administrative reasons and in the public interest, in the view of the Committee, the en masse nature of the transfer, the fact that ten central executive members of the BDNA including its Senior Vice-President, General Secretary, Joint General Secretary and Organizing Secretary were transferred and the fact that the transfer orders were issued just two days prior to a major BDNA conference, suggests the possibility of a link between the transfers and the union activities of the transferred officials. In addition, the unanswered allegation that about 200 other members of the union were told that they would also be issued similar transfer orders seems to suggest that members of the union were generally being threatened for their union activities. The possibility of a link between the transfers and the trade union activities of the concerned BDNA officials is further reinforced by the fact that in a previous complaint presented in the recent past by the PSI on behalf of the BDNA (Case No. 2188) concerning the dismissal of Ms. Taposhi Bhattacharjee, President of the BDNA, the complainant had drawn attention to the fact that some of the officials presently transferred, in particular Ms. Krishna Beny Day, Senior Vice-President, Ms. Israt Jahan, General Secretary and Mr. Golam Hossain, Joint General Secretary, were at that time being harassed and victimized for their trade union activities and their public support to the President of the BDNA [see 329th Report, paras. 194-216]. The Committee notes with regret in this respect that the Government has never indicated, within the framework of Case No. 2188, the measures taken to implement its recommendation to issue instructions to the management of the Shahid Sorwardi Hospital to withdraw the warnings issued to ten members of the BDNA executive committee.
- 467. The Committee recalls in this context 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. This protection is particularly desirable in the case of trade union officials because, in order to perform their trade union duties in full independence, they should have a guarantee that they will not be prejudiced on account of the mandate which they hold from their trade unions. The Committee has considered that the guarantee of such protection in the case of trade union officials is also necessary in order to ensure that effect is given to the fundamental principle that workers’ organizations shall have the right to elect their representatives in full freedom. The Committee further recalls that the Government is responsible for preventing all acts of anti-union discrimination and it must ensure that complaints of anti-union discrimination are examined in the framework of national procedures which should be prompt, impartial and considered as such by the parties concerned [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 724 and 738].
- 468. The Committee regrets that the transfers were allowed to take effect even before the cases against the orders of transfer were determined finally on their merits, particularly when there appears to be evidence linking the transfers to the trade union activities of the concerned BDNA officials. Noting that the writ petitions filed by the concerned officials of the BDNA against the orders of transfer issued to them on 26 November 2004 are pending before the High Court Division of the Supreme Court, the Committee expects that the court will take due account in its deliberations of the provisions of Conventions Nos. 87 and 98, which have to be fully incorporated in law and in practice and requests the Government to keep it informed of the outcome of the court proceedings and to provide it with the texts of the final orders of the High Court Division in these matters. The Committee also requests the Government to take the necessary measures to ensure that the concerned trade union officials are permitted to return to their original workplaces in the event of the court deciding that the transfer orders were issued on account of their trade union activities. The Committee requests the Government to keep it informed of developments in this respect.
- 469. Taking into account the various allegations of anti-union discrimination against the officials and members of the BDNA, the Committee requests the Government to institute immediately an independent investigation into the allegations of anti-union discrimination against the officials and members of the BDNA, having due regard to the court proceedings currently under way, and, if it is found that the workers were harassed and victimized for their union activities, to take suitable measures to redress the situation and ensure that these union leaders may freely discharge their trade union duties and exercise their trade union rights. The Committee requests the Government to keep it informed of the measures taken in this regard.
The Committee's recommendations
The Committee's recommendations
- 470. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
- (a) Noting that the writ petitions filed by the concerned officials of the Bangladesh Diploma Nurses Association against the orders of transfer issued to them on 26 November 2004 are pending in the High Court Division of the Supreme Court, the Committee expects that the court will take due account in its deliberations of the provisions of Conventions Nos. 87 and 98, which have to be fully incorporated in law and practice, and requests the Government to keep it informed of the outcome of the court proceedings and to provide it with the texts of the final orders of the High Court Division in these matters. The Committee also requests the Government to take the necessary measures to ensure that the concerned trade union officials are permitted to return to their original workplaces in the event of the court deciding that the transfer orders were issued on account of their trade union activities. The Committee requests the Government to keep it informed of developments in this respect.
- (b) The Committee requests the Government to institute immediately an independent investigation into the allegations of anti-union discrimination against the officials and members of the BDNA, having due regard to the court proceedings currently under way, and, if it is found that they were harassed and victimized for their union activities, to take suitable measures to redress the situation and ensure that these union leaders may freely discharge their trade union duties and exercise their trade union rights. The Committee requests the Government to keep it informed of the measures taken in this regard.
