Informe provisional - Informe núm. 405, Marzo 2024

Caso núm. 3203 (Bangladesh) - Fecha de presentación de la queja:: 24-ABR-16 - Activo

Allegations: The complainant organization denounces the systematic violation of freedom of association rights by the Government, including through repeated acts of anti-union violence and other forms of retaliation. The complainant organization also denounces the lack of law enforcement

1. 189. The Committee last examined this case (submitted in April 2016) at its March 2023 meeting, when it presented an interim report to the Governing Body [see 401st Report, paras 140–158 approved by the Governing Body at its 347th Session]. 
2. 190. The International Trade Union Confederation (ITUC) sent new allegations in a communication dated 14 July 2023.
3. 191. The Government provides its observations in communications dated 12 September 2023 and 8 January 2024.
4. 192. 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. 193. At its March 2023 meeting, the Committee made the following recommendations [see 401st Report, para. 158]:
   • (a) Noting that several cases of serious anti-union dismissals observed by the Government in this case did not result in any sanction or judicial remedy after lengthy judicial proceedings, the Committee expects that the Government’s steps to bolster the number and resources of the labour courts will ensure in the future that rapid and effective protection against anti-union discrimination, including through penal sanctions, is provided to victims.
   • (b) The Committee deplores that no action was taken to conduct an independent judicial investigation into the serious allegations of the involvement of security forces in the abduction, torture and murder of Mr Aminul Islam and urges the Government to take the necessary measures to ensure that such an investigation is undertaken without further delay with a view to identifying the intellectual authors of this crime in order to ensure that the responsibility for such acts do not go unpunished. The Committee trusts that the CFA Case Monitoring Committee will be able to ensure that necessary steps are taken for full investigation of this matter.
   • (c) The Committee urges the Government to take the necessary measures to ensure that a thorough and independent inquiry is conducted into the specific and serious allegations of threats and violence against trade union leaders and members in enterprises (b), (d), (e), (f), (g) and (h), with a view to fully clarifying the facts, determining responsibility, punishing those responsible and preventing the repetition of such acts. It requests the Government to keep it informed of the steps taken in this regard.
   • (d) The Committee expresses once again its firm expectation that decisions will be reached in the cases concerning the registration of two unions at enterprise (l) without further delay and requests the Government to keep it informed of the status of the cases and their outcome and to provide copies of the judgments once they are delivered.
   • (e) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.

B. New allegations

1. 194. In a communication dated 14 July 2023, the ITUC submitted new allegations of the murder of another trade union activist, Mr Shahidul Islam, a union organizer for the Bangladesh Garment and Industrial Workers Federation (BGIWF). The ITUC alleges that on 25 June 2023, Mr Shahidul Islam and other BGIWF officials went to the Prince Jacquard Sweaters factory (enterprise (o)) in Gazipur to address, at the request of workers, a wage dispute concerning a two-month delay in payment of wages and the bonus of the Eid holiday. A gang violently attacked the trade unionist as soon as they left the factory. Mr Shahidul Islam was fatally injured and was declared dead at the hospital later in the evening.

C. The Government’s reply

1. 195. Concerning the murder of Mr Shahidul Islam, the Government indicates that during the police investigation, six persons were accused and five arrested. One of the individuals accused, Mr Sohel Rana, Publication Secretary of Bangladesh Readymade Garments Workers’ Federation, Gazipur City, confessed to his involvement in the crime in the presence of a competent magistrate. Four other arrested persons also gave confessional statements. At the conclusion of the investigations, the police will submit a charge sheet to the court and the trial of the case will start. The Government will closely monitor the case and bring the killers to justice through due process.
2. 196. Concerning the steps taken to bolster the number and resources of the labour courts with a view to ensuring rapid and effective protection against anti-union discrimination in the future, the Government indicates that in order to accelerate the resolution of pending cases, 6 new labour courts were established in 2019 and 2022 in Sylhet, Barishal, Rangpur, Narayangonj, Gazipur and Cumilla and currently there are 13 labour courts in the country. Additional labour courts will be established in the districts of Mymesingh and Cox’s Bazar. An additional post of judge for Labour Appellate Tribunal was also created in August 2022 and three panel lawyers are being appointed to assist the Ministry of Labour and Employment (MOLE) in legal matters. In the 2022–23 fiscal year the resources allocated to 13 labour courts and one Labour Appellate Tribunal were increased. An online case management system is being designed with ILO support which is expected to strengthen labour courts and streamline the trial process. The Government indicates that of the ten cases reported in the present case, nine were fully settled and only one case, concerning enterprise (n)  remains pending. The court has completed all processes concerning this case and only the judgment remains to be declared. The CFA Case Monitoring Committee has followed up this case and it is anticipated that the verdict will be pronounced soon. The Government affirms its commitment to reducing the duration of judicial proceedings and ensuring rapid and effective protection against anti-union discrimination.
3. 197. Concerning the investigation requested by the Committee to identify the intellectual authors of the murder of Mr Aminul Islam in 2012 (recommendation b), the Government indicates that as per Bangladesh laws, judges exercise independent authority to accept or reject charge sheets and may request further investigation if necessary. The aggrieved party also has the right to raise an objection at any stage of trial if they perceive an injustice. However, in the case concerning the murder of Mr Aminul Islam, the charge sheet was not challenged, and the aggrieved family did not file an appeal. The accused was sentenced to the highest punishment of the land. The Government followed the case meticulously, so a proper investigation was conducted by the police department. The Government affirms that the rule of law prevailed without exception and requests the Committee to consider this complaint as resolved.
4. 198. Regarding the Committee’s request (recommendation c) concerning investigation into specific allegations of threats and violence against trade union leaders and members in enterprises (b),  (d),  (e),  (f),  (g)  and (h)  the Government again reiterates its reference to the amicable settlement of the cases concerning anti-union discrimination in enterprises (d), (e), (f) and (g) and to the acquittal of the three defendants in the case concerning enterprise (b). The Government has also sent a copy of the court ruling concerning anti-union dismissals at enterprise (b). Concerning enterprise (h), the Government sent a copy of the court order dismissing for default the suit brought by the management against the Department of Labour and the trade union leader, challenging the union’s registration. More broadly, the Government indicates that it is committed to strengthening its legal system and institutions to prevent any forms of retaliation, intimidation or harassment against workers.
5. 199. Regarding the judicial proceedings concerning the registration of two unions at enterprise (l)  , the Government indicates that the Supreme Court of Bangladesh rendered its judgment on 17 November 2022 on the cases concerning both unions and shares a copy of the judgment. The apex court set aside the judgment and order of the Labour Court and the Labour Appellate Tribunal. Considering that in both instances, the petitioners were not employees of enterprise (l), but outsourced by other enterprises, the Supreme Court definitively rejected the registration of both unions.
6. 200. The Government finally provides the following general indications: Bangladesh has made significant progress in ensuring the rights of workers. Over the past decade, the country has undergone a transformative change in its approach to the world of work, striving for universal decent work. Consequently, workers now have the freedom to participate in trade union activities, protecting their legal rights in accordance with national laws, and trade unionists are free to exercise legitimate activities to claim their legal rights. As the present case refers to ten cases, nine of which have been resolved, and a verdict on the remaining case is expected to be pronounced soon, the Government expects that the significant progress will result in the closure of this case.

D. The Committee’s conclusions

1. 201. The Committee notes that this case, which was first examined in 2017, concerns allegations of violation of freedom of association in particular through acts of violence, anti-union discrimination and other retaliatory acts against union leaders and members in numerous enterprises.
2. 202. The Committee deplores the murder of Mr Shahidul Islam, a union organizer for the BGIWF, who was allegedly beaten to death on 25 June 2023, immediately after leaving a meeting at enterprise (o) where the demands of workers concerning their unpaid wages were discussed. The Committee recalls that “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” and that “Facts imputable to individuals bring into play the State’s responsibility owing to the State’s obligation to prevent violations of human rights. Consequently, governments should endeavour to meet their obligations regarding the respect of individual rights and freedoms, as well as their obligation to guarantee the right to life of trade unionists”. [See Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, paras 82 and 91].
3. 203. The Committee also notes the Government’s indications in reply to its request to conduct an investigation to identify the intellectual authors of the abduction, torture and murder of Mr Aminul Islam in 2012. The Committee notes with deep regret that the Government considers that justice has prevailed, and this case is closed considering that one accused perpetrator was condemned to death in absentia and that the sentence has become final in the absence of an appeal on the part of Mr Aminul Islam’s family. Noting that the judgment concerning this case clearly indicates that there were “other accomplices who had been kept behind the screen to cause the death of the deceased”, the Committee notes that these other accomplices – as well as the convict who was never found – have benefited from a de facto impunity despite the police investigation and the judicial measures taken. The Committee is bound to note that this situation is not conducive to the prevention of similar crimes.
4. 204. The Committee further notes the Government’s position that the cases concerning allegations of threats and violence against trade union leaders in enterprises (d), (e), (f) and (g) were resolved by amicable settlement and its further indication that the case concerning enterprise (h) was dismissed for default while in the case concerning enterprise (b), the accused were acquitted. While the Committee had already noted these outcomes concerning the allegations of anti-union discrimination in the cited enterprises [see 401st Report, para. 147], it had distinguished the allegations of threats and violence from the general allegations of anti-union discrimination and had requested specific measures to address them in view of the distinct negative impact such acts can have on the exercise of freedom of association. The Committee regrets that no information has been provided by the Government on steps taken to review these specific allegations of violence.
5. 205. Concerned that there may be persistent obstacles that impede the full investigation of recurrent acts of anti-union violence, the Committee urges the Government to take the necessary measures to investigate the allegations of physical violence, threats and murder of trade union leaders and members so as to ensure the identification and punishment of perpetrators of such acts in Bangladesh and an end to anti-union violence. The Committee requests the Government to provide detailed information on the measures taken to identify and address the obstacles that may impede full investigation of such allegations and reminds the Government that it can avail itself of the technical assistance of the Office in this respect.
6. 206. Specifically concerning the murder of Mr Shahidul Islam on 25 June 2023, as well as the violent attack against other unionists who accompanied him, the Committee, noting the information provided by the Government on the steps already taken, urges it to take any further measures necessary to shed full light on the facts and motive of this attack at the earliest date, to determine where responsibilities lie and punish the perpetrators and any instigators so as to avoid recurrence of such acts. The Committee requests the Government to continue to provide information on the measures taken and the evolution and outcome of the case.

The Committee’s recommendations

1. 207. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following:
   • (a) Concerned that there may be persistent obstacles that impede the full investigation of recurrent acts of anti-union violence, the Committee urges the Government to take the necessary measures to investigate the allegations of physical violence, threats and murder of trade union leaders and members so as to ensure the identification and punishment of perpetrators of such acts in Bangladesh and an end to anti-union violence. The Committee requests the Government to provide detailed information on the measures taken to identify and address the obstacles that may impede full investigation of such allegations and reminds the Government that it can avail itself of the technical assistance of the Office in this respect.
   • (b) Deploring the murder of Mr Shahidul Islam, a union organizer for the Bangladesh Garment and Industrial Workers Federation, as well as the violent attack on other unionists accompanying him on 25 June 2023, and noting the information provided by the Government on the steps already taken, the Committee urges the Government to take any further measures necessary to shed full light on the facts and motive of this attack at the earliest date, to determine where responsibilities lie and punish the perpetrators and any instigators so as to avoid recurrence of such acts. The Committee requests the Government to continue to provide information on the measures taken and the evolution and outcome of the case.
   • (c) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.