Individual Case (CAS) - Discussion: 2013, Publication: 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Bangladesh (Ratification: 1972)

The Government provided the following written information.

The country was fully committed to complying with ILO principles to promote labour rights and trade union activities in Bangladesh. Bangladesh had so far ratified a total of 33 ILO Conventions, including seven fundamental Conventions. Regarding allegations of harassment of trade unionists and trade union leaders, notably in the garment sector, the Government was taking serious action on any violation of labour standards. To keep harmony and peace in society and for the welfare of industry as a whole, its law enforcement agencies did their duty as per the law of the land. There was no illegal threat or police harassment or arrest and detention of trade unionists and trade union leaders carried out by the law enforcement agencies and there had been no case of death under police custody or any illegal arrest. The victims, if any, were accused of their misdeeds and criminal activities, creating violence and crisis in the industrial sector, blocking roads and vandalizing factories which hampered the economic activities of the country to a huge extent. To make the situation normal, the law enforcement agencies took actions as per the law.

The aim of that action was not in any way to harass any trade union leader, to resist or to disrupt trade union activity in the country. The Government of Bangladesh strongly believed that freedom of association could be exercised in a situation that was free from violence or threat. It should be noted that no trade unionists had been detained for their activities. Regarding the registration of the Bangladesh Garments and Industrial Sramik Federation (BGIWF), the union was functioning without any obstacle. Due to allegations of violations of its constitution and unfair labour practices by the BGIWF, the Department of Labour, according to the provisions of the Bangladesh Labour Act, had filed a case in the Labour Court against the BGIWF in 2008 seeking permission to cancel its registration. The case was still pending in the Labour Court. If the allegation was proved, the union could lose its registration. The federation could appeal to the higher court for justice.

With regard to the amendment of the Bangladesh Labour Act 2006, to keep pace with the changing global scenario in the world of work, the Government had initiated the amendment of the Labour Act to bring it more into line with ILO Conventions. Extensive tripartite consultations on the content of the amendment had been held, in particular in the Tripartite Labour Law Review Committee and the Tripartite Consultative Council. The whole drafting process had been shared with the Dhaka ILO Office to make it more compatible with international labour standards. The amendment had now been placed before Parliament and it was hoped that it would be enacted in the form of a bill in the current session of Parliament starting on 3 June 2013. In the amendment proposal for the Labour Act, special importance was being given to ensuring workers’ welfare, industrial safety, transparency in trade union registration, the wage payment system, and the promotion of trade unionism and collective bargaining. In this respect: (a) the provision regarding the submission of the list of workers intending to form trade unions to factory owners/management had been deleted; (b) workers would be able to obtain support from external experts in collective bargaining; (c) workers would have the right to form participation committees through direct election which could act as bargaining agents at workplaces under special circumstances. But this would not be a substitute for the trade union, and would rather facilitate trade union activities and collective bargaining. The amendment would thus bring the Labour Act more into conformity with international labour standards.

Regarding export processing zones (EPZs), the EPZ Workers’ Welfare Associations and Industrial Relations Act, 2010 (EWWAIRA 2010) provided for the formation of workers’ welfare associations (WWAs) with a right of collective bargaining. All elected executive committees of WWAs were actively performing their activities as collective bargaining agents with full freedom. Between January 2010 and March 2013, the Bangladesh Export Processing Zone Authority (BEPZA) had arranged referendums in 260 enterprises out of 339 eligible enterprises. Accordingly, 186 WWAs had so far been constituted. The BEPZA planned to arrange referendums in all the factories by 31 December 2013. WWAs would also have the right to call strike/work stoppages at the workplace from 1 January 2014. In order to promote the welfare of the workers in EPZs, the Government had formulated the “Constitution and Operation Procedures of EPZ Workers’ Welfare Fund, 2012”, which was already in force. In case of grievances, any worker could get an amicable solution by consultation with the counsellors appointed in EPZs. Additionally, EPZ Labour Tribunals and the EPZ Labour Appellate Tribunal had been established to settle complaints in EPZ areas. The BEPZA had already organized 392 training/awareness/motivational programmes for WWA members and workers regarding their rights and responsibilities and would ensure training programmes for WWA members/workers once a month in all zones. The BEPZA was always positive towards the formation of a WWA federation which would ensure full freedom of rights for workers. EPZs were restricted bonded areas and the BEPZA was committed to ensuring the security of foreign nationals and Foreign Direct Investment (FDI). However, workers/WWA members were at liberty to do anything within the legal framework of the Constitution of Bangladesh outside the bonded area. Development partners had visited the different EPZ areas of Bangladesh and witnessed some referendums and elections for workers’ associations and workers’ welfare associations in EPZs and had expressed their satisfaction over free, fair and credible elections. The Government of Bangladesh was very committed to ensuring collective bargaining in EPZs. The EWWAIRA 2010 was only valid up to 31 December, 2013. It was planned to work with the ILO to find ways of bringing the EPZ areas under the purview of national labour law to ensure freedom of association, the right to bargaining and other issues concerning labour standards.

Concerning the exercise of the authority given by Rule 10 of the Industrial Relations Rules (IRR), 1977, to the Registrar of Trade Unions (RTU) to enter trade union offices, inspect documents without judicial review, it should be noted that in normal situations the RTU did not enter the office of any trade union or federation for inspection unless the secretary or president of the trade union applied to the RTU for the removal of irregularities. In the context of Bangladesh, generally trade unions were reluctant to hand over offices and documents to the newly elected executives. Besides, the RTU frequently received complaints about embezzlement of union funds resulting in chaos in the establishment affecting productivity and the good environment. The RTU was the registering authority and could play a vital role in settling issues as per the provisions of the law. The role of the RTU in the matter was always subject to review by the judicial authority which guaranteed impartiality and objectivity. After the adoption of the rules under the Labour Act which had already been drafted, the IRR 1977 would no longer be applicable. This issue would be addressed after the amendment of the Labour Act when formulating the rules.

ILO technical assistance was already being provided to improve compliance with the Convention, particularly in the ready-made garment and shrimp industries. The initiatives taken included implementation of an ILO–International Finance Corporation (IFC) funded the better work programme in the ready-made garment sector and a USAID‑funded project in the shrimp sector. In the ready-made garment sector, the preparatory phase of the better work programme had been under implementation, namely “Promoting Fundamental Principles and Rights at Work in Bangladesh”. The project would contribute to ensuring the successful implementation of a potential fully-fledged better work programme in Bangladesh. The project aimed to support the amendment of the BLA 2006, improving the trade union registration system, capacity building for employers and trade unions and awareness raising. There were some concerns among the better work programme team relating to its implementation in Bangladesh. With the revision of the BLA 2006, the concerns would be allayed and the programme could be started soon. Further, to improve the labour standards situation in the shrimp sector, the Government of Bangladesh, the Bangladesh Shrimp and Fish Foundation (BSFF) and the Bangladesh Frozen Food Exporters Association (BFFEA) had already signed an agreement with the development partners for the implementation of a USAID-funded project. The BEPZA was looking forward to ILO technical cooperation for the further improvement of the workers’ rights in EPZs in Bangladesh.

In conclusion, it should be noted that the high propensity for the migration of workers from one factory to another had been a major reason for trade unionism not having taken root in Bangladesh, particularly in the garment sector. Other factors in the non-expansion of trade unions could be lack of education and awareness. The Government was trying to address this situation by organizing education, training and awareness programmes for workers through industrial relations institutes. The Government had recently introduced the online registration of trade unions on a pilot basis. The implementation of promotional activities under ILO technical assistance would surely improve labour law compliance in the country, including ensuring freedom of association and the right to bargaining in accordance with the Convention.

In addition, before the Committee, a Government representative referred in particular to the range of measures taken with respect to the allegations of harassment of trade unionists and trade union leaders; the registration of the BGWIF; the amendment of the Bangladesh Labour Act, 2006; EPZs; Rule 10 of the Industrial Relations Rules, 1977; and the technical assistance received from the ILO.

The Employer members indicated that the Committee had examined this case on 18 occasions since 1983, most recently in 2008. At that time, the Committee had requested the Government to eliminate all restrictions on freedom of association and to bring its legislation into conformity with the Convention. The Government had reiterated on different occasions that it was working on the amendment of its legislation, but that there were no positive results. The Committee had expressed the hope, when it last examined this case, that the new Labour Act would be in conformity with the Convention. However, when the Committee of Experts had examined the Bangladesh Labour Act, 2006, it observed that all the provisions considered contrary to the Convention had remained. The Conference Committee had been then forced to request the Government once again to amend its legislation. The Employer members indicated that, according to their understanding, the Bangladesh Employers’ Federation (BEF) had participated in the elaboration of a new Labour Act in the framework of the Tripartite Labour Law Review Committee and that the new Labour Act would be enacted by Parliament in June 2013. The Employer members expressed the hope that this could be considered as a positive development and that the new law would be in full conformity with the Convention. With respect to the implementation of the Convention in practice, the Employer members agreed with the Committee of Experts that workers’ and employers’ organizations could only exercise their rights in conditions free from threats, pressure and intimidation of any kind. This year, the case concerned allegations of violence and harassment of trade union leaders and trade unionists and the refusal to register unions in several sectors. The Employer members urged the Government to take the necessary measures to investigate the allegations related to violence and harassment of workers and to ensure full compliance with the Convention.

With respect to the EWWAIRA, the Employer members noted that the Committee of Experts had made 13 observations on the provisions of the Act with respect to the right to organize and the right to strike. Concerning the right to strike, they recalled their opinions as put forward in the framework of the examination of the General Survey and the general discussion in 2012. They reiterated that the right to strike was not expressly mentioned in the Convention and that there was no consensus in the Committee in that respect. The Committee of Experts had also referred to the existence of a multitude of complex regulations related to the EWWAIRA that hindered the establishment of workers’ organizations and, in this respect, had urged the Government to bring its legislation into full compliance with the Convention. With respect to Rule 10 of the Industrial Relations Rules, 1977, the Employer members expressed their understanding that this provision had been repealed by virtue of the adoption of the Bangladesh Labour Act, 2006. They welcomed the establishment in EPZs of industrial relations offices to settle complaints and requested the Government to provide additional information in that regard. They also welcomed the information provided by the Government concerning the technical assistance already provided by the ILO, as well as the better work programme under implementation, and expressed the hope that it would successfully implement the Convention in the ready-made garment sector. They expressed their support for the amendment of the Bangladesh Labour Act, 2006, the improvement of the procedures for trade union registration and the development of awareness-raising activities. They urged the Government to request ILO technical assistance to help it bring its law and practice into full compliance with the Convention.

The Worker members observed that, since the Conference Committee had last met, the world had watched in horror as over 1,000 garment workers had perished in Bangladesh. In November 2012, in the Tazreen Fashions factory in Dhaka, over 100 workers trapped inside by locked doors had died either from the smoke and the flames, or as they leapt from the windows in a desperate attempt to escape. In April 2013, the nine-story Rana Plaza building had collapsed on the outskirts of the capital city. The building had housed garment factories that produced apparel goods for retailers based in the United States and the European Union (EU). Large cracks in the walls had appeared the previous day, alarming both workers and building engineers. Nevertheless, the management of the garment companies had insisted that the workers report to work. Both of these unimaginable tragedies were, in part, the result of the fact that, until very recently, unions had been essentially prohibited from operating in the massive garment industry. With collective representation, workers could have more easily removed themselves from the hazardous workplaces before it was too late and insisted that the hazards be addressed. Furthermore, it had been reported that the previous week the police had opened fire at a protest by former workers at Rana Plaza factories who had taken to the streets to complain of their treatment by the authorities.

For many years, the Committee of Experts had reiterated its serious concerns with regard to the numerous deficiencies in the laws as they related to freedom of association and the utter failure of the Government to ensure that workers could exercise this fundamental right in practice. Regrettably, up to now, the Government had failed to act on the Committee of Experts’ recommendations. Moreover, in its current report the Committee of Experts requested the Government to take the necessary measures without delay to carry out investigations regarding the murder of trade unionists. The Worker members recalled that Mr Aminul Islam, President of the BGIWF Savar and Ashulia regional committee, had been found dead on 5 April 2012. His corpse showed signs of torture and, from the information available, it appeared that he had not been the victim of random violence, but rather targeted for his trade union work. His murder had no doubt been meant to send a clear message to trade unions not to organize in the garment industry. Although some suspects had been interrogated, no one had been arrested, and much less prosecuted for this crime. Particularly troubling was the statement made by the Prime Minister casting doubt on the fact that Mr Islam had never been a labour activist, even after the murder had featured in the international media. The Government could delay no further in making sure those responsible for Mr Islam’s murder were arrested and prosecuted appropriately. Furthermore, although it had referred to the killing of two bidi cigarette workers and the wounding of over 35 others by security guards on 16 July 2012, the Government had provided no information whatsoever as to the steps it had taken to prosecute the plant manager, who gave the order to the guards to open fire on a crowd of 3,000 workers who had staged a demonstration at the factory gates in an attempt to recover unpaid wages and to seek a pay raise. For several years, the Committee of Experts had also extensively criticized the law regulating labour relations for the tens of thousands of workers in EPZs. The EWWAIRA established a legislative framework for the exercise of labour rights in EPZs. However, the law fell well short of the Convention in that, among other things, workers were prohibited from forming trade unions but instead only workers’ associations. The EWWAIRA, rather than addressing the many shortcomings in the law, as identified by the Committee of Experts, extended the effective date of the existing scheme for another three years. Even this flawed Act could not be fully utilized, as rules and regulations still needed to be promulgated for many of the provisions of the Act to take effect. For example, a federation of workers’ associations could not be legally formed until the BEPZA had issued regulations. The BEPZA had yet to issue those regulations, thereby deliberately preventing workers’ associations from forming a federation in EPZs. There had also been no progress on bargaining in EPZs, largely due to BEPZA’s insistence that there was no room for collective bargaining on any working conditions above the minimum standards already established in the EWWAIRA and in BEPZA Instructions 1 and 2. The Government had still not signalled its intent to amend the Act, thereby depriving workers in EPZs of the possibility of even forming or joining trade unions.

With regard to the Labour Act, the Worker members observed that the Committee of Experts had, since its promulgation, expressed deep regret that it did not contain improvements over the Industrial Relations Ordinance of 1969 and, in some respects, made the situation worse. There had in fact been a tripartite process to revise the Labour Act for over a year, and indeed worker representatives had participated actively in this process. As the Committee of Experts had noted, however, the revisions being considered when the report had been prepared “do not take into account most of the observations previously raised by the Committee”. That still remained true and, in fact, even fewer issues with regard to freedom of association were addressed in the proposed amendments. The Worker members expressed concern regarding the revision of the Labour Act as they understood that the proposals had just been submitted to Parliament for deliberation. In their view, addressing only one issue fully would represent serious contempt for the work of the Committee of Experts. Although the amendments proposed some improvements in areas unrelated to freedom of association, they introduced other changes prejudicial to unions and workers. The Government needed to take this opportunity to ensure that the amendments addressed the observations of the Committee of Experts.

Finally, roughly 29 new unions have been registered in the last few months. The long standing failure, or indeed refusal, to register trade unions, particularly in the garment sector, had always been a question of political will, and not a legal matter. Because of the substantial external pressure applied by foreign governments and the ILO, the Government had again permitted unions to be registered. It was obvious that the Government would stop registering unions as soon as the pressure was off. Indeed, that had been the case before. The registration of trade unions or employer associations should be a mere formality. For too long, the registration process had been tantamount to obtaining previous authorization. Industrial relations were built on the foundation of a sound legal framework, recognized worker and employer representatives, and collective bargaining. These did not exist today in Bangladesh. Instead, the legal framework was deeply flawed, most workers worked without representation due to a long-standing policy of refusing to register unions and collective bargaining coverage was minimal at best. If the Committee was to avoid the tragedies of recent months, it should urge the Government to make changes.

The Worker member of Bangladesh expressed his shock following the recent incidents in the ready-made garment sector where numerous lives had been lost. While acknowledging the Government’s efforts in the rescue operations, in the provision of medical treatment and compensation, as well as in rehabilitation programmes, he considered that the tragedy could have been avoided had there been adequate supervisory and monitoring mechanisms in the country. Inadequate security and inspection services had failed to ensure industrial safety. He urged the Government to take the necessary steps to strengthen labour inspection, the fire services and building inspection and to identify those buildings that were currently at risk in order to ensure that such incidents could never happen again. He also urged the Government to take measures so that those responsible were punished. He emphasized that the ready-made garment sector employed 3.5 million workers, most of whom were rural women. This had helped the empowerment of women. However, the profits had not been adequately distributed and workers in the sector did not enjoy decent working conditions. He expressed his support for sustainable development in the ready-made garment sector. The effective implementation and enforcement of international labour standards, including the right to organize and to bargain collectively, were the only alternative to uphold labour rights. He believed that the better work programme would help in this regard and urged the Government to take steps to ensure its full implementation. With respect to the registration of trade unions, he indicated that, under the Labour Act, upon receiving an application for registration of a new trade union, the registry authority had to provide the list of leaders to the employer. This gave the opportunity for unscrupulous employers to dismiss trade union leaders. He welcomed the fact that the proposed new Labour Act, as amended, would repeal this provision and expressed the hope that it would be enacted in the near future. He referred to other provisions of the Labour Act that were not in conformity with the Convention. With respect to measures for online trade union registration, he called on the Government to take steps to improve the system and to train workers to familiarize them with it. While welcoming the steps taken by the Government in order to allow labour courts and the Labour Appellate Tribunal in EPZs, he indicated that freedom of association almost did not exist there. Moreover, the Labour Act was not applicable in EPZs. He emphasized that participation committees and workers’ welfare associations could not replace the work of trade unions.

The Worker member of the United States stated that horrendous yet preventable disasters in the Bangladesh garment industry since 2005 had taken the lives of over 1,800 workers. In the shipbreaking industry, there were over 40,000 workers, among them many teenagers migrating from the poorest parts of the country, who worked with virtually no protections or rights and no union representation. Three attempts to create workplace-based unions had been denied registration by local governments, even though 70–95 per cent of workers supported the union and allies had provided expert advice. In this industry, at least one worker had died every month since 2005. The National Institute of Preventive and Social Medicine (NIPSOM) had found that 88 per cent of the workers interviewed had suffered some form of accidental injury while working in the Chittagong shipbreaking yards. At least now, after the death of well over 1,000 workers at Rana Plaza, people in positions of power were noting that the freedom to form unions was central to any solution. The highest United States diplomat for South Asia had bluntly stated in his Senate testimony the previous week that: “had there been a union representative on the ground at Rana Plaza that tragedy would not have happened”. Among the many well-documented, continuous and systematic violations of the Convention that explained why there was no union representative present, the persistent refusal of the Government to register trade unions was obvious, basic and undeniable. No doubt the Government would point to the very recent registration of over 27 garment workers’ unions. However, 21 of these were registered after the November 2012 Tazreen fire and increased media attention. How many lives would have been saved by making it possible to have a union representative present by taking the first simple step of recognizing a union’s legal existence by processing and communicating its registration to workers and their elected leaders? Yet, even when this simple step was taken, it was necessary to remain vigilant. Most of the garment workers who had successfully registered new unions since the Tazreen fire had faced termination and other anti-union discrimination and none had been able to secure formal collective bargaining agreements. Given the difficulties faced by workers in organizing unions, their survival was dependent on broader civil society allies, nationally and internationally. Worker allies, like the Bangladesh Centre for Workers Solidarity, had repeatedly been harassed and charged with criminal offences and had their legal registration challenged and revoked. Once again, in the context of international pressure, the Government had undertaken to restoring this registration, which it had to honour. The accord on fire and building safety that had been negotiated and signed by local unions, the Industrial Global Union and UNI Global Union, and non-governmental organization allies with international brands and local suppliers offered a way forward in industrial relations in the Bangladesh garment sector. It supplemented and improved Government efforts that had so often failed. However, just as commitment and action were required by multinational companies and local producers, legally recognized and registered workplace unions were central to this solution. The tripartite accord urgently required the Government to register and respect the growth and day-to-day operations of real unions with a strong presence in the workplace, as well as action from the Government and the ILO. More multinational companies whose supply chains drew heavily from the Bangladesh garment industry should sign on. He called on the Government to honour many recent commitments to register unions and respect organizing and bargaining rights. The international labour movement would remain watchful for positive developments, and return to this and other forums to support Bangladesh’s workers as they sought to claim their rights.

The Employer member of Bangladesh reaffirmed the commitment of the BEF to the promotion of freedom of association in the country. Despite being one of the least-developed countries in the world, confronted with many challenges and upheavals, Bangladesh had made remarkable progress in fulfilling the targets of some of the Millennium Development Goals and was visible in global affairs in terms of exports, particularly ready-made garments, shrimps, leather and leather goods, frozen foods, jute and jute goods. However, Bangladesh needed to significantly improve its overall governance standards, attain sound political systems and stability and address social safety nets and security issues so that it offered decent work for all its citizens. While appreciating the observations made by the Committee of Experts, he stressed that, while workers had the right to negotiate and resolve issues through discussion, in practice, in most cases, a different scenario was observed, involving vandalism, blockades, fires, the destruction of equipment and machinery. This took place with the support of certain external miscreants, who were in no way believed to be actual workers or trade union leaders, resulting in a chaotic situation at the factories. At times, such unrest had taken place based on rumours spread by some external quarters to serve narrow interests. In such cases, the police and law enforcement agencies needed to take immediate action to protect the life and properties of workers and employers. The BEF had never supported any illegal arrests or harassment; rather, it strongly believed that freedom of association could be exercised in a situation that was free from violence, pressure or threats. With regard to the registration of the BGIWF, he indicated that this matter was pending in court and a final verdict was awaited. Regarding the amendment of the Labour Act, the BEF had played a pioneering role in the formulation of various suggestions intended to make it more user-friendly and attain a win–win situation. It had volunteered to host a tripartite consultative council meeting in the beginning of 2013 to consider the amendment, which was now at the final stage and likely to be enacted by Parliament in June 2013. Furthermore, he understood that the Government had a plan to gradually implement freedom of association in EPZs and suggested that the Government should consider accelerating this process, keeping in conformity with international standards and investors’ needs. The BEF strongly felt that the Government should exercise its regulatory tools more efficiently to better facilitate the functioning of trade unions in the country, taking into account workers’ and employers’ welfare.

The Government member of Norway, speaking on behalf of the Government members of Denmark, Finland, Iceland, Norway and Sweden, expressed deep concern about the working conditions in Bangladesh, including freedom of association and collective bargaining. The current situation was alarming and she referred, in this context, to the tragic incident in a textile factory where many workers had lost their lives. Deploring the lack of opportunities for trade unions and workers to exercise their rights of freedom of association, the Governments’ interference in the administration of trade unions, as well as lengthy legal processes for the registration of trade unions, she questioned the willingness of the Government to comply with the Convention. At the same time, it was reassuring that the Government was about to take measures to ensure the protection of working conditions, decent wages and the right of freedom of association and collective bargaining. She called on the authorities to act expeditiously and decisively to bring the law and practice fully into compliance with Conventions Nos 87 and 98. Welcoming the steps taken so far by the authorities, she strongly encouraged them to continue working closely with the ILO to make sure that the amended legislation addressed the requests of the supervisory bodies. The adoption of amendments to the legislation was a crucial, but only first step, in the process, and subsequent measures to ensure the effective implementation and enforcement of the new legislation were equally critical. Recognizing the significance of ready-made garments to the economy and their contribution to development, she emphasized that the Decent Work Agenda, including well-functioning occupational safety and health, was of utmost importance to secure a long-term and prosperous industry. The Nordic countries provided support for the Decent Work Agenda in Bangladesh, including in the areas of occupational safety and health and fundamental principles and rights at work. Welcoming the adoption of a joint statement by the tripartite partners with the ILO, on 4 May 2013, she expressed the hope that this would help to ensure workers’ rights and representation, but emphasized that this was first and foremost the responsibility of the Government. She urged the Government to cooperate fully and to respond in substance to the requests made by the Committee of Experts, and endorsed the efforts of the Office to help in this regard. It was only by engaging with the social partners that compliance could be secured in national law with ILO Conventions, among which Conventions Nos 87 and 98 were of particular importance. The setting up of an effective labour inspection was equally important. The authorities should work with the social partners, producers and buyers to take measures to ensure responsible supply chains, in line with ILO standards and corporate social responsibility principles. To this end, the Government was strongly advised to continue to fully avail itself of the technical assistance of the ILO, including comments and advice made on all relevant draft legislation.

The Government member of Switzerland expressed her country’s support for the people of Bangladesh following one of the worst industrial disasters of recent years. The dramatic incidents that had occurred in textile factories showed how urgent it was to act and to work towards the effective application of occupational safety legislation in the country. The discussions under way on reforming labour law should lead to rapid reforms that would improve, in particular, protection for fundamental rights, such as freedom of association and collective bargaining, as well as occupational safety and health. The Government should promote freedom of association and ensure that its law and practice were fully in line with the Convention. It should also enter into genuine social dialogue, which was the only guarantee of the effective application of occupational safety and health legislation, as textile workers must be assured of safe and decent working conditions as a matter of urgency. In that regard, the Government and the social partners should agree to establish a better work programme as quickly as possible after Parliament’s adoption of the labour law reform, in accordance with international Conventions. The Office should ensure coordination between activities relating to respect for fundamental principles and rights at work, the national security plan and the agreement signed by multinationals in the textile sector.

The Worker member of Australia emphasized that, in the wake of the Tazreen and Rana Plaza disasters, much had rightly been heard about the responsibility of employers, and the global brands which sourced their garments through those employers, to ensure that workplaces were safe and that they complied with labour laws. However, as the fundamental ILO Conventions made clear, it was the responsibility of the Government to adopt, maintain and enforce laws that secured and protected the fundamental labour rights of its workers. At present, the Government of Bangladesh was failing to fulfil that responsibility, and in particular it was failing to meet its international obligations to ensuring the conformity of its labour laws with the Convention. The provisions of the Labour Act which gave rise to the greatest concern, included those excluding entire classes of workers from the rights and protections under the Act, or from key parts of the Act, such as the right to establish workers’ organizations and to organize. Other provisions in the Act imposed an excessively high minimum membership requirement for union registration. Restrictions were placed on anyone holding office in a union who was not employed or engaged in the establishment covered by that union. New provisions of the Act establishing a penalty of imprisonment for acts by workers or trade unions aimed at “intimidating” any person to become, continue or cease to be a trade union member or officer were excessively broad and risked capturing legitimate trade union activities. There were also a range of provisions which constituted unacceptable administrative interference in the rules, elections, affairs and activities of trade unions. There was a lack of clarity in the Act concerning the extent to which collective bargaining was permitted above the enterprise level and numerous restrictions were imposed on the right to strike which were inconsistent with the Convention. There were also many other restrictive provisions in other laws. She acknowledged that a process was under way in Bangladesh to reform a limited number of provisions in the Labour Act which had been facilitated by the ILO and had involved consultation with the social partners. However, the proposed package of amendments, as it currently stood, only directly addressed one of the many legal problems identified by the Committee of Experts, which continued to call for more extensive changes. The Government should bear in mind that the adoption and enforcement of laws fully guaranteeing and protecting freedom of association and collective bargaining was in the longer term interest and benefit of everyone. Trade union rights and freedoms were critical to ensuring that workers could join together to defend and pursue their rights, and therefore to ensuring that the workers were better placed to respond to the immense challenges that they faced within and outside their workplaces. They were also critical to the attainment of decent work in Bangladesh and to the country meeting its ambitious objective of moving from a low- to a middle-income country by 2021.

The Government member of the United States said that recent tragic events in Bangladesh that had resulted in immense loss of life, with over 1,000 people killed in the Rana Plaza building collapse in late April and over 100 in the Tazreen factory fire in November 2012, served to re‑emphasize the importance of discussing the application of the Convention by Bangladesh. Sadly, the link between worker safety and health and the right to freedom of association had never been clearer. Workers who could organize robust unions were better able to advocate adequate working conditions, including workplace safety. Consequently, the prevention of future tragedies would require improved guarantees of a stronger voice and role for workers and the protection of freedom of association, the right to organize and collective bargaining. Her country retained long-standing and serious concerns relating to workers’ rights and working conditions in Bangladesh. A petition filed by the American Federation of Labour and Congress of Industrial Organizations (AFL–CIO) under the Generalized System of Preferences Act remained under review and a decision on how to proceed would be taken soon. The recent tragedies demonstrated the need for more urgent and coordinated action among all stakeholders, and especially the Government, to address those concerns by improving legal protections and the good governance necessary to enforce their implementation. The highest priorities were the enactment of robust amendments to the Labour Act, beyond those presently under consideration, alongside improvements in union registration procedures and the improved enforcement of laws and regulations. The aim was to secure genuine and sustainable protection of the fundamental rights to freedom of association and to organize, as well as occupational safety and health, focusing on the ready-made garment sector and EPZs, but also more broadly throughout Bangladesh. She expressed appreciation of the positive statements by the Government following the recent workplace tragedies and welcomed its stated commitment to ensuring compliance with the Convention and promoting freedom of association in Bangladesh. However, it was now time to move from words to actions. She urged Bangladesh to take the measures recommended by the Committee of Experts to bring its law and practice into full conformity with the Convention and to make use of the expert advice and assistance of the ILO for that purpose.

The Worker member of the Philippines emphasized that the universal right of workers to establish and join organizations of their own choosing was not observed in law or practice in Bangladesh. The experience of the Philippines demonstrated the exploitation faced by workers in EPZs, who often faced dismissal or discrimination for trade union activities, while employers could refuse to recognize unions or to negotiate, or might even set up their own company-dominated or “yellow” unions. Over the years, very many workers had lost their jobs, been harassed, beaten or arrested when attempting to exercise their fundamental right to freedom of association in EPZs. Some 360,000 workers were employed in the eight EPZs in Bangladesh. However, even as reforms were considered to the Labour Act, EPZ workers remained excluded and relegated to a separate law that prohibited them from establishing unions. The Government appeared to have promised investors to keep EPZs union free. Enacted nearly ten years previously in response to a Generalized System of Preference petition filed in the United States, the EWWAIRA, for the first time, established a legislative framework for the exercise of labour rights in EPZs. However, the Act fell well short of international standards. In place of unions, the Act currently provided for the establishment of “workers’ welfare associations”, on which the workers representatives were often handpicked or appointed by employers. The formation of many such associations had been at the initiative of the BEPZA, not the workers. There had been almost no progress on collective bargaining in EPZs, largely due to BEPZA’s position that workers could not bargain on working conditions above the minimum standards established in the Act and in BEPZA instructions, even though the law clearly established the full entitlement of workers to negotiate collectively over wages, hours and conditions of work. Many workers’ association leaders reported that they had been harassed, suspended, dismissed without cause and/or subject to other forms of retaliation. In one case, workers from the Ishwardi EPZ had held a demonstration in 2012 concerning serious violations of their rights, including harassment and discrepancies over wages and leave. Following the unrest, 291 workers, including the presidents of workers’ associations, had been dismissed. In negotiations with international buyers and the owner, the factories had agreed to reinstate the leaders and the other 289 workers and had sought BEPZA’s approval to remove them from an EPZ “blacklist”. However, BEPZA had refused permission to reinstate the workers on the grounds that there was no prior practice or any provision in BEPZA rules and regulations allowing for the reinstatement of a terminated worker. Most troubling, the communication from the owner confirmed the existence of a black list.

The Government member of Canada offered sincere condolences to the people of Bangladesh following the collapse of the Rana Plaza building. He emphasized that Canada remained concerned about dangerous working conditions in the garment sector in Bangladesh and expected all of its trading partners to ensure safe working conditions consistent with international standards. He applauded the recent ILO high-level mission to Bangladesh and the Office’s coordination efforts in the country. He urged the Government to implement in full the resulting plan of action and to work together for that purpose with the ILO, employers, workers and other stakeholders. He also urged the Government to take all the necessary measures to bring the national legislation into full conformity with the Convention, in accordance with the comments of the Committee of Experts. While noting the proposed amendments to the Labour Act, which had been submitted to Parliament, he observed with concern that they were not consistent with international standards. He emphasized that freedom of association was an essential element for the functioning of the labour system, such as enabling workers to protect themselves including through participation in occupational safety and health measures. He therefore hoped that the collective energy following the recent tragic industrial accidents would be sustained and would result in measurable progress on many fronts.

The Worker member of Italy said that it was not surprising that Bangladesh was receiving a high level of international attention concerning its poor working conditions, lack of health and safety, low wages, long working hours and repression of labour rights, particularly in the ready-made garment industry. The Rana Plaza disaster had shown once again the many situations of violation of basic human rights and fundamental labour standards. Nor was it the only deadly workplace tragedy, as around 600 workers in the garment sector had been killed by fires since 2005. Moreover, up to now no one had been brought to justice. Garment production represented 80 per cent of Bangladeshi manufacturing exports, employing around 3.5 million people, mostly women. The rapidly growing number of factories mainly produced for Western brands, through a supply chain that placed increasing pressure on rights and labour costs. The race to the bottom in search of the lowest wages made Bangladesh a very attractive country for many suppliers who considered trade unions a danger to their profits. Until now the Government had facilitated this easy area for exploitation to attract foreign investment. She added that for many years the situation in the garment industry in Bangladesh had been characterized by anti-union violence, harassment and arrests. With the collusion of the authorities, employers in the sector had filed complaints against workers, unions and non-governmental organizations in criminal courts. Those cases were very costly, making it extremely difficult for workers to defend themselves. They often dragged on indefinitely and carried heavier sentences than cases in labour courts, thereby serving to intimidate workers engaged in trade union activities. One of the best known cases was that of Aminul Islam, who had been detained by the National Security Intelligence in 2010, beaten severely and sustained a fractured leg. The circumstances of his detention and the attempt to elicit a confession pointed to a targeted campaign against organizations that endeavoured to organize workers in the garment sector. Shortly afterwards, Aminul Islam had been abducted, tortured and his body dumped by the roadside. Now, a year after his death, little progress had been made in identifying and prosecuting those responsible and there were many indications of the involvement of the intelligence agencies in his death. She urged Bangladesh to ensure the effective implementation of fundamental United Nations and ILO human rights and labour instruments. The Government could not give the appearance to the world of expressing sorrow at the loss of life suffered without taking immediate action to ensure that workers enjoyed the basic right of association and that factories across the country complied with international labour standards.

The Government member of India noted with satisfaction the initiative to amend the Labour Act and believed that the progress made towards the amendment of the Act constituted a positive step that would help to resolve the issue. His Government had consistently encouraged dialogue and cooperation between the ILO and member States with a view to resolving all outstanding issues. Member States could also provide support to Bangladesh in view of the efforts that were being made by the Government for the implementation of the Convention.

The Government representative thanked the social partners for their comments and expressed appreciation of constructive criticisms, which could lead to positive developments. His Government always adhered to the recommendations of the Conference Committee and had carefully noted the points made during the discussion. He added that it was imperative for Bangladesh to comply with the requirements of the Convention, which had been ratified in 1972, one year after the country’s independence. He reaffirmed that the Government was taking steps to address all the comments made by the Committee of Experts. Those included the amendment of the Labour Act through the inclusion of special provisions respecting the registration of trade unions to ensure that the situation was more comfortable for workers’ organizations. The amendments included the removal of the requirement to provide employers with lists of trade union members. The workers would undoubtedly benefit from the extension of collective bargaining. With regard to workers in EPZs, he recalled that they enjoyed a form of participation through welfare associations which, although not a substitute for trade unions, constituted a complementary mechanism to trade union action. It was to be hoped that they would be instrumental in the improvement of working conditions through improved social dialogue. The proposed amendments also included restrictions on the dismissal of workers during the process of the formation of trade unions. The amendments had been submitted to Parliament on 8 June. They were not yet in their final form and other suggestions could still be taken into account.

He emphasized the deep shock felt by the Government at the deaths in the Rana Plaza disaster. Special attempts had been made by all the respective services to rescue the victims, under high-level supervision, including the personal involvement of the Prime Minister. The Government had taken all the necessary steps for the criminal investigation of the Tazreen and Rana Plaza disasters. The criminal investigation of the Tazreen disaster had led to the arrest of some of those responsible, as well as the suspension of a number of inspectors. Following the Rana Plaza collapse, criminal charges had been brought against the owner of the building, the owners of the factory and the municipality. The owners of the building and the factory had been placed under arrest and the Department of Factories and Inspection had filed a case. The national occupational safety and health policy was in the final stages of preparation. He added that 22 unions had been registered during the first five months of 2013. The action taken in response to the recent tragedies in the garment sector included the recruitment of 800 additional inspectors by the Department of Factories and Inspection. The Deputy Director-General of the ILO had visited the country following the collapse of the Rana Plaza factory and had held discussions with the various stakeholders, including the Prime Minister. A national tripartite plan of action on constructions had been adopted, which included an assessment of factories in the ready-made garments sector using a high technology scanner. With regard to the case of Aminul Islam, he noted that the criminal investigation had recently identified two principal suspects. In conclusion, he expressed the willingness of the Government to enter into dialogue with all the concerned stakeholders, development partners and other interested parties. The issues raised concerning the rights of workers and their safety were of great importance, not only in the ready-made garment sector, but also in such other important export sectors as shipbuilding and machinery production. The constructive suggestions and criticisms made by the Employer and Worker members, as well as the Government members, were to be welcomed. Through the amendments that were before Parliament it was hoped to address all the comments of the Committee of Experts. Everyone was working towards the common goal of national development, which would be for the benefit of all citizens.

The Employer members thanked the Government representative for his responses to the statements made by various members of the Committee during the discussion. They welcomed the recognition by the Government of the need to change the national law to bring it into full compliance with the Convention and the commitment expressed to the principles of freedom of association. The Government should build on the steps that had already been taken to achieve full conformity with the Convention and supply a report on the steps taken this year to the Committee of Experts so that it could assess the progress made and consider any further measures that would need to be adopted. The Employer members therefore encouraged the Government to ensure that the Labour Act was in full conformity with the Convention and to accept the technical assistance offered. They also encouraged it to continue and strengthen social dialogue so that the social partners could be involved in bringing national law and practice into conformity with the Convention.

The Worker members recalled that the Committee of Experts had called on the Government to carry out investigations into the serious allegations made, including murder, with a view to punishing those responsible. They therefore deeply regretted that the Government had taken little action in that respect and urged it immediately to investigate, arrest and prosecute those responsible for such crimes, and particularly the murder of Aminul Islam. The Committee of Experts had also repeatedly commented on the numerous flaws in the Labour Act, the EWWAIRA and the Industrial Relations Rules. Although the Government had made no effort to ensure that workers in EPZs had the right to organize into trade unions and were able to bargain collectively in practice, the offer to extend the provisions of the Labour Act to EPZ workers was to be welcomed. However, the Worker members were bound to express disappointment at the low level of the Government’s ambition to address the many issues raised concerning the Labour Act. They urged Parliament not to rush through the amendments as they currently stood, but to work with the ILO to ensure their compliance with the observations of the Committee of Experts. The ILO should intensify existing efforts in that respect.

The Worker members added that the recent registration of trade unions appeared to depend entirely on the will of the Government. For years, it had refused to register new unions in many sectors, including the garment sector, and there was little to suggest that it would continue their registration once the spotlight began to dim. Moreover, they expressed concern at the continued defence of intervention in union affairs in the closing statement by the Government representative. They emphasized that one of the best ways to avoid another industrial disaster in Bangladesh was to ensure that workers could exercise their rights guaranteed by the Convention. They therefore expressed their appreciation to the international brands that had signed, with the global unions, the international accord on fire and building safety, which recognized the importance of trade union action in fire and building safety. They called on the ILO to intervene immediately with the Government to ensure that the labour legislation currently before Parliament was in compliance with the observations of the Committee of Experts, as there was no reason why those observations could not be addressed in full. The ILO should significantly increase its capacity for technical cooperation at the Dhaka Office in relation to freedom of association and collective bargaining including, but not limited to, the garment sector. The ILO and the relevant international organizations should work to ensure that those responsible for the murder of trade unionists were arrested and prosecuted. The Government should be requested to provide a report this year on compliance with its obligations under the Convention. Finally, the ILO Dhaka Office should submit full reports to the October 2013 and March 2014 sessions of the Governing Body on its activities and on the situation in the country with regard to freedom of association and fire and building safety.

Conclusions

The Committee took note of the written and oral information provided by the Government and the discussion that ensued.

The Committee noted that the outstanding issues concerned: numerous allegations of arrests, harassment and detention of trade unionists and trade union leaders, notably in the garment sector, and refusals by the Registrar to register new trade unions; the need to ensure freedom of association rights to workers in export processing zones (EPZs); and numerous provisions of the 2006 Labour Act and the 1977 Industrial Relations Rules which were not in conformity with this fundamental Convention.

The Committee noted the information provided by the Government, in particular that: the Bangladesh Garments and Industrial Sramik Federation (BGIWF) was functioning without any obstacle, pending the decision of the Labour Court before which the Government had filed a case for cancellation of its registration in 2008; and amendments to the 2006 Labour Act had been submitted to Parliament, following intensive tripartite consultations and advice from the ILO. The Committee further noted the information on: the number and function of workers’ welfare associations under the EPZ Workers’ Welfare Association and Industrial Relations Act of 2010 and the Government’s plans, when it expired in 2014, to bring EPZs under the purview of the Labour Act with ILO assistance; the intention to formulate new industrial relations rules following the adoption of the amendments to the Labour Act; and the technical cooperation provided by the ILO to ensure the further improvement of workers’ rights in EPZs.

The Committee did not address the right to strike in this case, as the employers do not agree that there is a right to strike recognized in Convention No. 87.

Stressing that a climate of full respect for freedom of association can make a significant contribution towards the effective protection of workers’ safety, the Committee highlighted the fundamental nature of this right. The Committee called on the Government to take the necessary measures to ensure that workers and employers can exercise their freedom of association rights in a climate that is free from threats, pressure and intimidation of any kind and to carry out independent investigations into the allegations of arrest, harassment and violence against trade unionists. The Committee took note of the important commitments made by the Government to bring the law and practice into conformity with the Convention and urged the Government to ensure that the amendments to the Labour Act were adopted without delay and addressed the numerous points raised by the Committee of Experts concerning the Convention’s application. The Committee expected that these changes would further give rise to a simplified and effective registration process. Noting the Government’s statement that participation committees would not be used as a substitute for trade unions, but rather would facilitate trade union activities and collective bargaining, the Committee urged the Government to take the necessary measures to ensure that the amendments to the Labour Act did not undermine trade union rights. Encouraged by the Government’s statement concerning the lapsing of the EWWAIRA in 2014, the Committee invited the Government to avail itself of ILO technical assistance aimed at ensuring that workers in EPZs were fully guaranteed their rights under the Convention. The Committee requested the Government to provide a detailed report on the progress made with respect to all the above matters for examination by the Committee of Experts at its meeting this year. The Committee also invited the Director-General to submit to the Governing Body in 2014 a detailed report on the situation regarding respect for freedom of association in the country.