Rapport intérimaire - Rapport No. 204, Novembre 1980

Cas no 861 (Bangladesh) - Date de la plainte: 10-SEPT.-76 - Clos

1. 308. The Committee has already examined this case on several occasions in the past, the most recent of which was in February 1980 when it submitted interim conclusions in its 199th Report, paragraphs 192 to 209, approved by the Governing Body at its 212th Session (March 1980). The Government sent its observations on the outstanding issues of this case in a letter dated 8 May 1980.
2. 309. 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. Previous examination of the case

1. 310. After the Committee last examined this case there remained two outstanding issues: the prohibition of public employees to organise and the violent incidents at two jute mills allegedly caused by the government-backed Jatiotabadi Sramik Dal federation.
2. 311. As regards the right of public employees to organise, the Governing Body, on the recommendation of the Committee, recalled that Convention No. 87, ratified by Bangladesh, applies to all workers without distinction whatsoever and requested the Government to provide information on the legislative provisions now in force governing the right to organise of employees in 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.
3. 312. As regards the violence at the two jute mills allegedly involving brutal attacks on the workers injuring hundreds of them and looting their property, the Committee noted that the Government generally denied that it had supported such violence stating that it was the result of inter-union rivalry. The Governing Body, on the recommendation of the Committee, requested the Government to provide further details on the incidents at two jute mills indicating in particular whether there has been an investigation of the incidents, what were the results of such investigation and what steps have been taken to ensure that the right of workers freely to choose their representatives is safeguarded.

B. The Government's reply

1. 313. In its letter of 8 May 1980, the Government states that with the withdrawal of Emergency Power Rules on 28 December 1979 full trade union rights of the employees in public enterprises were restored and trade union activities are continuing to function normally. It states that on 1 March 1980 Bangladesh's labour policy was declared by the Minister for Labour and Industrial Welfare, expressing its determined efforts to uphold the process of collective bargaining for resolving industrial disputes, the establishment of good labour-management relations and the recognition of the right to strike and lock-out. According to the Government, the necessary amendments to the labour laws to give effect to this policy are before Parliament.
2. 314. Secondly, the Government states that the Director of Labour held an inquiry into the alleged incidents at the two jute mills at Karchan, and supplies a copy of some extracts from the report, which appear to indicate that at the Ashraf Jute Mill the members of the union have changed their executive Committee in conformity with the union's Constitution and that the Ashkari union is continuing its activities as bargaining agent in its mills. According to the Government, the Jatiotabadi Sramik Dal is affiliated to the ruling party but has not received aid from the Government. The Government plays a neutral role in trade union matters. Tit underlines that state employees have their own associations through which they are allowed to ventilate their grievances. The Government has also ensured that peace in the area is not disturbed by anybody.

C. The Committee's conclusions

1. 315. As regards the prohibition of the right to organise of employees it the public service, nationalised and semi-governmental institutions and establishments which do not come under the provisions of the Factories Act, the Committee notes the Government's statement that with the withdrawal of Emergency Power Rules on 28 December 1979, full trade union rights of employees in public enterprises were restored and trade unions are functioning normally. The Government adds that the necessary amendments are before Parliament. Consequently, the Committee would like to draw this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations.
2. 316. As regards the violence at the two jute mills, the Committee notes that, according to the Government, there has been an investigation and that, as stated in the report of the inquiry, the right of workers to freely choose their representatives has been safeguarded, and that a new executive Committee has been appointed in conformity with the union's Constitution at one of the jute mills. Nevertheless, the Committee notes that the allegations state that the government-backed Jatiotabadi Sramik Dal launched brutal attacks on the jute mill trade unions at Kanchan, injuring hundreds of workers and looting their property, yet the Government has still not furnished further details concerning this violence and has not indicated whether an inquiry has been carried out by the appropriate authorities with regard to the violence resulting in punishment or acquittal of the offenders if the facts deem it necessary.
3. 317. In similar cases' where a murder and other acts of violence have been committed, the Committee considered that the situation as it existed (affecting a large number of trade unionists) was serious enough to warrant vigorous action by the authorities to restore order. The Committee would in the present case request the Government again to supply further details on this specific allegation.

The Committee's recommendations

1. 318. In these circumstances, the Committee recommends the Governing Body:
   • (a) with regard to the right of public employees to organise:
   • (i) to note the Government's statement that full trade union rights have been restored to these workers, and that the necessary amendments are before Parliament;
   • (ii) to draw this aspect of the case to the attention of the Committee of Experts on the Application of Conventions and Recommendations;
   • (b) as regards the violent incidents at two jute mills:
   • (i) to note the Government's statement that an inquiry has been carried out the results of which appear to indicate that the right of workers to freely choose their representatives is safeguarded;
   • (ii) to note nevertheless that no further details have been supplied concerning the violence itself, and, in view of the principle set out in the above paragraph that where serious violence occurs affecting the lives of numerous workers the authorities should take vigorous action, to request the Government again to supply further details on this specific allegation;
   • (c) to take note of this interim report.