Informe provisional - Informe núm. 392, Octubre 2020

Caso núm. 3263 (Bangladesh) - Fecha de presentación de la queja:: 26-FEB-17 - Activo

Allegations: The complainant organizations denounce serious violations of freedom of association rights by the Government, including arbitrary arrest and detention of trade union leaders and activists, death threats and physical abuse while in detention, false criminal charges, surveillance, intimidation and interference in union activities, as well as excessive use of police force during a peaceful protest

1. 266. The Committee last examined this case (submitted in February 2017) at its March 2019 meeting, when it presented an interim report to the Governing Body [see 388th Report, paras 184–204, approved by the Governing Body at its 335th Session].
2. 267. In a communication dated 11 February 2020, the International Trade Union Confederation (ITUC) provides additional information.
3. 268. The Government provides its observations in communications dated 28 May and 10 October 2019, and 30 January and 15 September 2020.
4. 269. 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. Previous examination of the case

1. 270. At its March 2019 meeting, the Committee made the following recommendations [see 388th Report, para. 204]:
   • (a) Considering that the arbitrary arrest and detention of trade unionists involves a danger of abuse and is detrimental to the exercise of the right to freedom of association, the Committee requests the Government to take the necessary measures to strengthen accountability of the police for arbitrary deprivation of liberty and continuously provide the security forces with the appropriate instructions and training in order to ensure that in the future trade unionists are not arbitrarily arrested and detained. It requests the Government to provide information on developments in this regard.
   • (b) The Committee urges the Government to institute an independent inquiry – to be carried out by an institution that is independent from the one allegedly implicated – into the allegations of death threats, physical abuse and beatings of trade unionists arrested and detained in the aftermath of the Ashulia strike, as well as into all other alleged incidents of intimidation and harassment by the police during the same period and to keep it informed of the steps taken in this regard. The Committee invites the complainant to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge.
   • (c) The Committee firmly expects the Government to ensure that appropriate instructions are given to the police so as to prevent the repetition of unauthorized entry of police forces on union premises and their undue interference in legitimate trade union activities in the future and requests to be kept informed of the measures taken in this regard.
   • (d) In view of the seriousness of the allegations set out in the recent communication of the complainant concerning violent police repression of garment workers’ protests entailing the death of one and the injury of at least 80 workers, the Committee requests the Government to provide detailed observations without delay in response to these matters. It also invites the complainant to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge.

B. Additional information from the complainants

1. 271. In a communication dated 11 February 2020, the complainants provide detailed additional information on the outstanding issues of the case, alleging in particular that criminal cases in relation to the 2016 Ashulia strike remain pending and denouncing mass retaliation, criminalization, continued surveillance and intimidation of workers for trade union activities, with 19 criminal cases against more than 520 workers currently pending in relation to the 2018–19 minimum wage protests.

C. The Government’s reply

1. 272. The Government indicates, with regard to the cases filed against hundreds of trade unionists in the aftermath of the 2016 Ashulia strike, previously examined by the Committee, that eight out of ten cases have been dismissed for lack of evidence and only two remain pending before the courts. The case involving five labour leaders is to be heard in court on 4 October 2020 and the case against 15 labour leaders is to be heard on 13 October 2020. The Government also provides copies of charge sheets and court orders.
2. 273. With regard to the allegations of arbitrary arrest and detention stemming from the 2016 Ashulia strike, the Government indicates that the law enforcement personnel is trained in crowd control measures and refrains from committing any excesses or aberrations unless for self-defence or for protection of civilian lives and property and that any alleged excess is duly investigated through established legal and administrative procedures by the police or the Ministry of Home Affairs, resulting in systematic follow-up. In case of grave allegations, there have been instances of multiple inquiries by relevant bodies and authorities. The Government also reiterates information provided previously as to the number of courses and training on human rights, civil liberties and trade union rights held for police officers between 2011 and 2017 and adds that, apart from such training, each police officer is trained in human rights, fundamental rights and constitutional rights during their foundation courses. Since awareness-raising is important to avoid harassment, in July 2019, the industrial police issued instructions not to harass anyone without any apparent reason during labour unrest. Furthermore, between 2017 and 2019, a total of 288 trainings, workshops and seminars were arranged for the police, in which 5,052 persons participated. Concerning the allegations of repeated police interference in union activities, a meeting was held in April 2018 between the industrial police and the Minister for Labour and Employment, during which necessary instructions were given to the concerned officials. Additional preventive measures have also been taken to ensure peaceful and congenial working conditions in the ready-made garment sector with the establishment of 29 committees in labour intensive districts comprising of officials from the Department of Labour and the Department of Inspection for Factories and Establishments.
3. 274. The Government also reiterates that no complaint of death threats or physical abuse of trade union leaders while in custody has been lodged with the police after the 2016 Ashulia strike but that any such claim would be investigated by the police. If physical abuse takes place in custody, which is rare, the person at fault is taken to task in accordance with the law. In addition, in a May 2019 meeting between the Ministry of Labour and Employment and the Ministry of Home Affairs, the latter was requested to take the necessary steps based on the Committee’s recommendations.
4. 275. The Government further informs, with regard to the allegations of violent police repression of the 2018 minimum wage protests, that between 9 December 2018 and 12 January 2019, workers from different factories in the Ashulia and Savar areas of Dhaka went to the streets to protest against an inadequate increase in the minimum wage, that the police only used minimum force to protect civilian lives and properties and did not use any lethal weapons in any of the locations and that in the Dhaka Metropolitan area private properties were damaged by the protestors. In particular, the Government indicates that:
5. 276. The Government further states that in connection to the 2018–19 demonstrations, the social partners claimed that 34 cases were filed to the police by the employers against 170 named and 2,030 unnamed workers. It indicates that all cases filed by the employers were on the grounds of vandalizing vehicles, blocking roads and destroying public property and that out of these, 19 cases were withdrawn, ten are pending, two were not related to the wages issue, one was against an outsider (non-worker), one was settled through a final report by the police since no witness was found and one case was not filed. Additionally three cases were filed by the police against 300 unnamed individuals on the same grounds. The Government also indicates that 77 workers were arrested but all were later released on bail and seven more workers were arrested for torching a public bus. It explains that after filing a case to the police, primary verification is conducted and, if sufficient grounds are found, a charge is formed against the perpetrator or the case is dismissed through a final report. To date, no charges have been framed against any worker in the above-mentioned incidents and no worker is in jail. The Government also provides copies of memoranda of understanding concluded from September 2018 to April 2019 between workers and employers in a number of enterprises, providing for payment of wages and legal dues to dismissed or suspended workers.
6. 277. Concerning the allegation that one worker was killed during the 2018–19 protests, the Government informs that the police did not use any lethal weapons during the labour unrest and several executive magistrates were present with the police to monitor the use of weapons. The police later learned that one worker was severely injured, transported to a hospital and later declared dead. The primary inquest report showed that no lethal weapon had been used, and that a round, 2 centimetre wound had been found on the left-hand side of the victim’s chest. The post-mortem report showed that the cause of death was haemorrhage and shock resulting from a penetration wound from a blunt pointed weapon which was homicidal in nature. The case is currently under investigation.

D. The Committee’s conclusions

1. 278. The Committee notes that this case concerns allegations of serious violations of freedom of association rights by the Government, in particular through the action of police forces in the aftermath of a strike in garment factories in Ashulia in December 2016, including arbitrary arrest and detention of trade union leaders and activists, death threats and physical abuse while in detention, false criminal charges, surveillance of trade unionists, intimidation and interference in union activities. The complainants also allege excessive use of police force during a peaceful protest in December 2018 and January 2019.
2. 279. Concerning the allegations of false criminal charges filed against hundreds of named and unnamed workers in the aftermath of the 2016 Ashulia strike, previously examined in this case, the Committee understands from the information provided by the Government that, out of ten cases initially filed against hundreds of named and unnamed workers, eight have been dismissed for lack of evidence and two cases against 20 named and around 110 unnamed persons are currently pending before the courts on charges of vandalism, looting and destruction of property; the hearings in the latter two cases are scheduled for October 2020. Recalling that the Committee has pointed out the danger for the free exercise of trade union rights of sentences imposed on representatives of workers for activities related to the defence of the interests of those they represent [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 154], the Committee trusts that the two remaining cases will be concluded without further delay and requests the Government to keep it informed of the outcome thereof.
3. 280. With regard to the accountability of the police in relation to the allegations of arbitrary arrest and detention of trade unionists following the 2016 Ashulia strike (recommendation (a)), the Committee notes the information provided by the Government on the number of trainings, workshops and courses provided to police officers on human and trade union rights up to 2019 (covering topics such as fundamental rights, constitutional rights, civil liberties, crowd control measures, labour law and trade union rights), as well as other preventive measures, including the issuance of instructions on the limitation of harassment during labour unrest. It also observes from the information provided to the 2019 Committee of Experts on the Application of Conventions and Recommendations (Committee of Experts) that, in order to prevent incidents of violation of civil liberties, preventive measures were put in place, including awareness-raising, training and seminars for police personnel on human and labour rights. While further noting the Government’s general indication that any alleged excess by law enforcement personnel is duly investigated through established legal and administrative procedures, the Committee observes that the Government does not provide any details as to the concrete measures taken to strengthen the accountability of the police for arbitrary deprivation of liberty. Considering that the arrest of trade unionists and leaders of employers’ organizations may create an atmosphere of intimidation and fear prejudicial to the normal development of trade union activities [see Compilation, para. 126], the Committee encourages the Government to take concrete measures to strengthen training on this specific aspect of civil liberties and to increase accountability for any violations in this regard, with a view to ensuring that trade unionists are not arbitrarily arrested and detained. The Committee requests the Government to provide information on the nature and content of any training provided or foreseen in this regard.
4. 281. With regard to the allegations of repeated police interference in union activities in the aftermath of the 2016 Ashulia strike (recommendation (c)), the Committee recalls that in its previous examination of the case, it noted with regret that the Government did not provide any information on the conduct of an internal investigation into these allegations and requested it to ensure that appropriate instructions were given to the police so as to prevent the repetition of such practices in the future. The Committee notes the Government’s general indication that the necessary instructions were given to the concerned officials in April 2018. In view of the serious and repeated nature of the allegations (spontaneous visits to union offices, disruption of training sessions, confiscation of training and other union material, etc.), the Committee requests the Government to take the necessary measures to ensure that clear instructions and training are given to police officers, including the development of training modules on trade union rights and any other appropriate measures, so as to effectively prevent, in the future, police interference in union activities.
5. 282. Concerning the investigation into the allegations of death threats, physical abuse and beatings while in custody (recommendation (b)), the Committee regrets to observe from the information provided by the Government that no such investigation appears to have taken place so far and that the Government simply reiterates once again that no claim of abuse has been filed to the police. In these circumstances, the Committee is obliged to recall that in cases of alleged torture or ill-treatment while in detention, governments should carry out independent inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment [see Compilation, para. 112]. Further noting the Government’s indication that in May 2019 the Ministry of Home Affairs was requested to act upon the Committee’s recommendations and recalling that an independent inquiry into allegations of torture and ill-treatment is the first step for effectively protecting individuals against such serious violations of their fundamental rights, the Committee urges the Government to institute an independent inquiry – to be carried out by an institution that is independent from the one allegedly implicated – into the allegations of death threats, physical abuse and beatings of trade unionists arrested and detained in the aftermath of the Ashulia strike, as well as into all other alleged incidents of intimidation and harassment by the police during the same period and to keep it informed of the steps taken in this regard. The Committee once again invites the complainants to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge.
6. 283. As to the more recent allegations of violent repression of peaceful demonstrations of garment workers (recommendation (d)), the Committee notes the detailed information provided by the Government, indicating in particular that tens of thousands of workers went to the streets on several occasions in December 2018 and January 2019 to protest against an inadequate increase in the minimum wage, blocking the roads and halting the traffic. The Committee observes, however, that while the complainant refers to peaceful demonstrations and denounces their violent repression by the police, entailing the death of one worker and the injury of at least 80 persons, the Government affirms that the demonstrators were agitated, vandalizing vehicles and throwing heavy objects at police officers, injuring several of them, and that the police had to disperse the crowds through the use of non-lethal weapons. Concerning the allegations that one worker was shot and killed, the Committee notes that, according to the Government, no lethal weapons were used by the police, the victim was found with a wound in the left-hand side of his chest which was homicidal in nature and the case is currently under investigation. In view of the available information, the Committee must express concern at the incidents of violence on both sides and recalls that while the principles of freedom of association do not protect abuses consisting of criminal acts while exercising protest action [see Compilation, para. 224], freedom of association can only be exercised in conditions in which fundamental rights, and in particular those relating to human life and personal safety, are fully respected and guaranteed. In cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities [see Compilation, paras 82 and 104]. The Committee therefore requests the Government to institute an independent inquiry without delay into the allegedly excessive use of force resulting in injuries to at least 80 workers and to inform it of the findings and the measures taken as a result. It also requests the Government to keep it informed of the outcome of the ongoing investigation into the death of one worker and the measures taken as a result. The Committee trusts that these investigations will be established without delay and will yield concrete results in order to determine reliably the facts and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future.
7. 284. The Committee further observes in relation to the January 2019 demonstrations that several memoranda of understanding have been signed between workers and employers in a number of enterprises providing for the payment of wages and other legal dues to dismissed or suspended workers. It also notes that 37 cases were filed with the police (34 by employers and three filed by the police) against 170 named workers and thousands of unnamed persons on the grounds of vandalizing vehicles, blocking roads and destroying public property (19 cases have now been withdrawn, five closed for different reasons, ten are pending and for three there was no update provided), that 84 workers were arrested but later released and that no charges have so far been framed against any person in relation to the incidents. While taking due note of the fact that, at the time of the Government’s report, no charges were framed against any worker, the Committee observes that ten cases are still pending and have therefore not yet been fully dismissed through a final report and that there was no updated information provided on the three cases filed by the police. In these circumstances, the Committee requests the Government to clarify whether these cases eventually led to criminal charges being filed against any worker or whether they were dismissed through a final report and to provide updated information on the status of all arrests of demonstrating workers originating in the 2019 January demonstrations.
8. 285. Considering that the complainant in this case made repeated allegations of excessive use of force, arbitrary arrest and detention, intimidation, physical abuse and other violations of civil liberties during workers’ protests in 2016 and 2018–19, and in line with its above recommendations, the Committee encourages the Government to step up its efforts in providing concrete, regular and comprehensive training to police officers and other relevant state officials on matters of civil liberties, human and trade union rights so as to avoid the use of excessive force and to ensure full respect for civil liberties during public assemblies and demonstrations, as well as full accountability of those responsible in case of any violations.
9. 286. Finally, the Committee notes the additional allegations submitted by the complainants and requests the Government to provide detailed observations thereon, in particular in relation to the criminal cases pending against hundreds of workers following the 2018–19 minimum wage protests.

The Committee’s recommendations

1. 287. In light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee trusts that the two pending cases filed against workers following the 2016 Ashulia strike will be concluded without further delay and requests the Government to keep it informed of the outcome thereof.
   • (b) The Committee encourages the Government to take concrete measures to strengthen training for police officers on the specific aspect of civil liberties relating to arbitrary arrests and detention and to increase the accountability for any violations in this regard, with a view to ensuring that trade unionists are not arbitrarily arrested and detained. The Committee requests the Government to provide information on the nature and content of any training provided or foreseen in this regard.
   • (c) The Committee requests the Government to take the necessary measures to ensure that clear instructions and training are given to police officers, including the development of training modules on trade union rights and any other appropriate measures, so as to effectively prevent, in the future, police interference in union activities.
   • (d) The Committee urges the Government to institute an independent inquiry – to be carried out by an institution that is independent from the one allegedly implicated – into the allegations of death threats, physical abuse and beatings of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike, as well as into all other alleged incidents of intimidation and harassment by the police during the same period and to keep it informed of the steps taken in this regard. The Committee once again invites the complainants to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge.
   • (e) The Committee requests the Government to institute an independent inquiry without delay into the allegedly excessive use of force during the 2018–19 demonstrations, resulting in injuries to at least 80 workers, and to inform it of the findings and the measures taken as a result. It also requests the Government to keep it informed about the outcome of the ongoing investigation into the death of one worker and the measures taken as a result. The Committee trusts that these investigations will be established without delay and will yield concrete results in order to determine reliably the facts and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future.
   • (f) The Committee requests the Government to clarify whether the 13 cases pending with the police in relation to the 2018–19 demonstrations eventually led to criminal charges being filed against any worker or whether they were dismissed through a final report and to provide updated information on the status of all arrests of demonstrating workers originating in the 2019 January demonstrations.
   • (g) Considering the serious and repeated nature of the allegations in this case, the Committee encourages the Government to step up its efforts in providing concrete, regular and comprehensive training to police officers and other relevant state officials on matters of civil liberties, human and trade union rights so as to avoid the use of excessive force and to ensure full respect for civil liberties during public assemblies and demonstrations, as well as full accountability of those responsible in case of any violations.
   • (h) The Committee requests the Government to provide detailed observations on the additional allegations submitted by the complainants, in particular in relation to the criminal cases pending against hundreds of workers following the 2018–19 minimum wage protests.