Allegations: The complainant organizations allege 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, retaliation, intimidation, acts of anti-union discrimination
and interference in union activities, as well as excessive use of police force during
peaceful protests and the lack of investigation of these allegations
- 59. The Committee last examined this case (submitted in February 2017) at
its October–November 2024 meeting, when it presented an interim report to the Governing
Body [see 408th Report, paras 172–209 approved by the Governing Body at its 352nd
Session].
- 60. The International Trade Union Confederation (ITUC) provided
additional information in a communication dated 2 October 2025.
- 61. The Government provided its observations in communications dated 12
and 14 November 2025 and 3 February 2026.
- 62. 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
A. Previous examination of the case- 63. At its October–November 2024 meeting, the Committee made the
following recommendations on the matters still pending [see 408th Report, para.
209]:
- (a) The Committee urges the Government to ensure that a thorough,
independent and impartial investigation is conducted into allegations of excessive
use of force against minimum wage protestors in Gazipur in November 2023, and to
keep it informed of the process and outcome of this investigation. It also urges the
Government to provide information as to the outcome of the investigations already
initiated on the circumstances of death of four workers during the protests.
- (b) The Committee invites the complainant to provide details regarding the
four leaders of independent unions arrested in relation with minimum wage protests
of November 2023 and the charges they have faced. It further requests the Government
to indicate whether any workers or union leaders remain in detention in relation to
the protests, to provide information on any criminal cases filed against workers in
this regard and to ensure the release of any workers detained for exercising their
trade union activities. The Committee further requests the Government to drop any
charges against Mr Miya that would be based on his exercise of legitimate trade
union activities, including organization of public demonstrations in protest to the
minimum wage measures taken by the Government, and to provide information on the
status of the criminal case filed against him.
- (c) The Committee requests
the Government to continue to provide details on the functioning of the CFA Case
Monitoring Committee, the efforts undertaken to expedite the resolution of the
pending cases and the results achieved.
- (d) The Committee urges the
Government to ensure full consultation of all relevant social partners in relation
to the Bangladesh Labour Act amendment process and to keep it informed of any
developments in this respect.
- (e) The Committee urges the Government to
ensure that the circumstances of the deaths of seven protesting workers in the power
plant construction site in Banshkhali, Chattogram on 17 April 2021, as well as the
incidents in factories D, E and F, and the death of the worker killed during the
2018–19 minimum-wage protests are thoroughly investigated, and do all in its power
to ensure that the investigations lead to the clarification of facts and
identification and punishment of perpetrators. It further requests the Government to
keep the Committee informed of the steps taken in this regard and the outcome
thereof. The Committee further requests the Government to provide information on the
outcome of its initiative to establish a dedicated investigatory body in this regard
within the Ministry of Home Affairs.
- (f) The Committee once again urges the
Government to take the necessary steps to ensure that an independent inquiry into
the allegations of ill-treatment of trade unionists arrested and detained in the
aftermath of the 2016 Ashulia strike is instituted without further delay. It
requests the Government to keep it informed of the steps taken in this regard.
- (g) The Committee expects the Government to take adequate measures to
accelerate the handling of the remaining cases filed against workers in the
aftermath of the 2016 Ashulia strike and the 2018–19 minimum wage protests, and to
provide information on the status and outcome of those proceedings. It further
requests the Government to ensure that no worker or trade unionist is charged and
prosecuted for exercising their legitimate trade union activities, including the
right to freedom of assembly, and to provide information on the status and outcome
of the pending cases against workers of factories E and F and the SS power plant in
Banshkhali.
- (h) The Committee expects that the trial of Secretary-General
of the BGIWF and 23 other union leaders and members and workers of factories G and H
will be rapid and that they will benefit from all the safeguards of a normal
judicial procedure. It requests the Government to keep it informed of the status of
the cases.
- (i) The Committee urges the Government to take any measures in
its power to ensure that the case concerning Ms Chowdhury’s complaint of anti-union
discrimination is concluded without further delay and to provide information on the
status and outcome of the case. It further requests the Government to take all the
necessary measures to ensure that the procedures of examination of complaints of
anti-union discrimination are prompt and impartial and considered as such by the
parties concerned. The Committee further requests the Government to provide
information on whether the Labour Court order concerning anti-union practices in
factory C has become final and been implemented.
- (j) The Committee urges
the Government to ensure that the avenues for processing complaints of retaliation,
surveillance, intimidation and harassment of workers for the exercise of their trade
union activities referred to by it are widely known, including to this Committee,
and effective access to these mechanisms is available to all.
- (k) The
Committee urges the Government to provide copies of the curriculum for in-service
training of police officers regarding labour and human rights and civil liberties.
- (l) The Committee expresses the firm hope that the conclusions and
recommendations it has been making in this case over many years will assist the
current and future Governments to take steps towards the development of a
constructive and harmonious industrial relations climate where freedom of
association can be exercised free from violence, intimidation and fear.
- (m)
The Committee draws the attention of the Governing Body to the serious and urgent
nature of this case.
B. The complainant’s additional allegations
B. The complainant’s additional allegations- 64. In its communication dated 2 October 2025, the ITUC alleges the
occurrence of new cases of anti-union violence, ongoing challenges to registration, the
continued absence of effective protection against anti-union discrimination, both in law
and in practice, and legislative gaps in the proposed amendments to the Bangladesh
Labour Act (BLA).
- 65. In particular, the complainant alleges that, despite the 2023 change
in government, there has been little change in the prevailing approach of the police who
continue to view labour protests as political agitation and use restrictive measures and
excessive force to control them. In this regard, the complainant alleges that, in
response to a labour protest in Narayanganj in April 2024 demanding payment of unpaid
salaries, the police used batons, tear gas, water cannons and rubber bullets. In
September 2024, workers’ protests over unpaid benefits in Ashulia developed into a
violent clash between the protesters and the police, resulting in 1 worker being shot
dead and 20 others injured. A week later, two minor workers were shot while
participating in a protest against a factory closure. In May 2025, paramilitary forces,
Special Weapons and Tactics (SWAT) units and Rapid Action Battalion (RAB) units were
deployed in the area of ministries to prevent rallies by civil servants who were staging
a days-long protest against an ordinance permitting the Government to dismiss employees
via show-cause notices, bypassing formal disciplinary procedures. Furthermore, in June
2025, the National Board of Revenue (NBR) was declared an essential service in response
to a sit-in protest and work stoppage by staff who were objecting to NBR restructuring.
The complainant further alleges that although the interim government established a
temporary grievance committee to address the root causes of labour unrest, which reached
an 18-point tripartite agreement on the garment sector in September 2024, concerns
remain regarding the enforcement of this agreement, since labour protests have
persisted, with workers demanding payment of outstanding benefits and compensation for
factory closures, and protesting against employers’ non-compliance with the tripartite
agreement.
- 66. The complainant further alleges that registration of trade unions
remains difficult, with persistent obstacles encountered both in the online and offline
systems, including deliberate postponement and obstruction to union registration by
labour officers, and that the Government’s training on registration is merely
ceremonial, with no consultation or involvement of the unions. In this regard, the
complainant points to the concrete situation of the Ship Building Workers’ Union, which
has been awaiting registration for 14 years. The case has been before the courts since
the initial rejection of registration in August 2011, and although the High Court
recently confirmed the union’s registration, it referred to an incorrect name; the union
therefore reapplied for registration with the correct name but it was again refused, on
the grounds that the application was incomplete. Even when the necessary documents were
provided, an on-site inspection was conducted, followed by an objection to the
registration from the Ministry of Labour. The union’s appeal against the refusal of its
registration is currently pending.
- 67. Regarding the Committee’s previous recommendations, the complainant
provides details on the four unionists it alleged had been arrested and detained
following the 2023 minimum wage protests. Mr Babul Hossain, General Secretary of the
Bangladesh Garment Workers’ Solidarity (BGWS) was arrested in November 2023 on false
charges of arson and vandalism but was granted bail and released in January 2024 with
his lawyer claiming that he had been arrested without any specific charges or
allegations. Three other unionists – Mr Mohammad Jewel Miya, leader of the Bangladesh
Independent Garment Workers Federation (BIGWUF), Mr Mizanur Rahman, organizer of the
Akota Garments Workers Federation (AGWF) and Mr Amzad Hossen Jewel – were arrested in
October and November 2023 and later released on bail but remain under remand, facing
serious criminal charges of attempted murder, alongside 700–800 other unnamed
persons.
- 68. The complainant further alleges the continued absence of effective
protection against anti-union discrimination, both in law and in practice, pointing, in
particular, to the long-standing anti-union discrimination cases filed by 22 members of
the Grameenphone Employees Union (GPEU) and the lack of support from the Government to
conclude these cases. The complainant alleges that the Government neither investigated
the anti-union discrimination practices at the workplace nor facilitated the use of
alternative dispute settlement mechanisms despite the union’s willingness to do so.
There has therefore been no effective enforcement mechanism of the Labour Court’s
decisions, even though these were upheld by the Supreme Court. As a result, the cases of
the union’s President, Mr Omer Faruk, Vice President, Mr Muhammad Rasulul Amin and
communication secretary, Ms Adeeba Zerin Chowdhury, are still pending, 15 years after
their dismissal, with the company having filed several petitions to obstruct the
hearings.
- 69. Finally, the complainant points to the BLA amendment process,
indicating that while the participation of trade unions has been more inclusive, several
crucial gaps remain to align the BLA with Conventions Nos 87 and 98, particularly in
relation to trade union registration, the definition of workers, protection against
anti-union discrimination and intervention in trade union activities, as well as on the
right to strike and the need to strengthen labour courts.
C. The Government’s reply
C. The Government’s reply- 70. In its communications dated 12 and 14 November 2025 and 3 February
2026, the Government provides its observations on the Committee’s previous
recommendations and replies to the complainant’s additional allegations.
- 71. Regarding the Committee’s previous recommendations on the allegations
stemming from the November 2023 minimum wage protests (excessive use of police force,
detention and criminal charges against trade unionists), the Government indicates that
two cases were filed in connection with the death of four workers during the protests,
which are currently under investigation by the police. It further states that the four
unionists arrested for their involvement in the 2023 minimum wage protests – Mr Babul
Hossain, Mr Mohammad Jewel Miya, Mr Mizanur Rahman and Mr Amzad Hossen Jewel – were
released from prison. While the criminal cases against Mr Hossain and Mr Miya were
settled (one was closed due to lack of evidence and in the other the plaintiff withdrew
the complaint), the cases against Mr Jewel and Mr Rahman remain pending but both accused
were granted bail and were released from prison. The Government adds, more broadly, in
relation to the criminal cases filed against workers in the aftermath of the labour
protests, that the CFA Case Monitoring Committee remains steadfast in resolving
long-standing cases in an expedited manner by actively monitoring progress, reviewing
updates, identifying areas for coordination and maintaining close communication with
relevant individuals and organizations. All of the 45 cases filed after the 2023 minimum
wage protests have been settled showing the interim Government’s unwavering commitment
to addressing pending cases. The Government provides the relevant judicial decisions in
Bangla.
- 72. With regard to investigations into the incidents in the SS power
plant construction site in Banshkhali, Chattogram, in factories D, E and F and during
the 2018–19 minimum wage protests, which resulted in the death of numerous workers and
injuries to many others, the Government indicates that, in each case, the inquiry was
duly conducted by the relevant authority and the investigation report was submitted to
the court. In particular, the Government indicates that: (i) two cases remain under
investigation concerning the SS power plant construction site incident; (ii) in relation
to protests at factory D, one case was concluded and one is pending regarding the death
of a worker; and (iii) a case is under trial concerning the incident at factory E. The
Government further affirms, in relation to the above incidents, as well as the alleged
ill-treatment of arrested unionists following the 2016 Ashulia strike, that it remains
vigilant in case of wrongdoings by law enforcement agencies, including through the CFA
Case Monitoring Committee, and that any investigations in the criminal system are fully
conducted by different branches of the police, in line with the Code of Criminal
Procedure. The Government also states that any police officer involved in an offence
while discharging their duty is subject to departmental proceedings and disciplinary
action.
- 73. With regard to the remaining cases pending against workers following
the 2016 Ashulia strike, the 2018–19 minimum wage protests and in relation to incidents
in factories E, F, G and H and the SS power plant construction site, the Government
states that : (i) of the ten cases originally filed against workers after the 2016
Ashulia strike, only one case remains pending and is expected to be finalized soon; (ii)
of the 36 cases originally filed in the aftermath of the 2018– 19 minimum wage protests,
one additional case was closed with all defendants acquitted since the Committee’s
previous examination of the case; only three cases are therefore pending; (iii) the case
filed against workers by factory E is currently on trial while the case filed by
factory F was settled in January 2026 without framing any charges; (iv) two cases filed
against the General Secretary of the Bangladesh Garment and Industrial Workers’
Federation (BGIWF) and 23 other union leaders and members of factories G and H were
settled; and (v) two cases filed against workers of the SS power plant are under
investigation by the police.
- 74. With regard to the judicial proceedings following the complaint of
anti-union dismissal of Ms Adeeba Zerin Chowdhury, Communication Secretary of the
Grameenphone Employees Union (GPEU), the Government informs that the trials of almost
all plaintiffs had been completed and that Ms Chowdhury’s cross-examination is scheduled
to continue in February 2026. The Government adds that the case concerning anti-union
practices in factory C was transferred to another court and is pending. As to the more
general concerns of a lack of protection against acts of anti-union discrimination
raised by the complainant, the Government reiterates that it has instituted a standard
operating procedure (SOP) for handling complaints of anti-union discrimination, which
ensures that all cases are examined promptly, impartially and in a manner that is
considered fair and credible by all parties concerned. The Government also emphasizes,
in relation to the accessibility of complaint mechanisms for anti union discrimination,
that the SOP ensures transparency and procedural integrity and has been disseminated
through labour offices, tripartite platforms and awareness initiatives to ensure that
workers, employers and stakeholders – including this Committee – are well informed of
their rights and the avenues available for redress. In this respect, the Government
expresses its commitment to ensuring that all affected individuals have effective access
to redress mechanisms and indicates that the latest BLA amendments introduce in the law
a prohibition on the blacklisting of workers and unionists. Furthermore, the Ministry of
Home Affairs, in collaboration with the ILO, is actively reviewing and updating the
existing training curriculum and developing new modules reflecting international labour
standards which, once updated, will be provided to the Committee.
- 75. As to the legislative review of the BLA, the Government indicates
that extensive consultations were held through tripartite bodies, including the
Tripartite Consultative Council (TCC) and the Tripartite Law Review Committee (TLRC),
which had been reformed to ensure genuine workers’ and employers’ representation. After
consensus was reached on most of the key issues, the BLA amendment was approved by the
Advisory Committee of the Cabinet Division, sent for final vetting and promulgated
through gazette notification on 17 November 2025. The BLA is therefore currently in
force and, following national elections, the Ordinance will be placed before Parliament
for endorsement as an Act. In reply to the complainant’s allegations that there are
legislative gaps in the proposed amendments, the Government asserts that that the Office
has provided technical assistance throughout the amendment process and that the
recommendations of the Committee of Experts on the Application of Conventions and
Recommendations (Committee of Experts) were the main focus of the amendment, in addition
to issues raised by stakeholders and development partners. The Government highlights
some of the proposed changes, which include a prohibition on blacklisting, increased
penalties for anti-union discrimination, provision of compensation to workers and a
simplification of the registration process.
- 76. Regarding the registration process and the persistent obstacles to
registration alleged by the complainant, the Government indicates that the BLA amendment
proposes to simplify the registration process by removing unnecessary and restrictive
requirements, lowering the threshold for forming a trade union and reducing the amount
of information, documents and meetings required. It also establishes a committee to
review and oversee trade union registration, including cases of rejection. According to
the Government, both online and offline application processes continue to operate so as
to facilitate registration and steps are being taken to make the online system more
user-friendly. Concerning the concrete allegations of delayed registration of the Ship
Building Workers’ Union, the Government provides details on the reasons for rejecting
the application, which it considers was conducted in line with the requirements set out
in the BLA, both when the application was rejected in 2011 and in 2025. The reasons for
refusal included lack of support of the required number of workers to establish a trade
union, failure to submit proof of being employed in the specific industry of the group
of establishments and submission of false information.
- 77. In relation to the complainant’s latest allegations on the use of
force to restrain and control protests in 2024, the Government indicates that, since
2023, it has acted swiftly to respond to numerous factory closures and worker unrest,
extending financial support and initiating broad-based consultations with all
stakeholders, so as to stabilize the situation. In particular, through the Government’s
active facilitation, employers and workers reached a consensus on an 18-point set of
demands, culminating in a joint declaration signed in September 2024. According to the
Government, this important milestone paved the way to restoring industrial peace,
addressing several critical concerns, including non-payment or delayed payment of wages
and service benefits.
- 78. The Government concludes by stating that it is working to develop the
necessary legal and administrative framework to prevent the recurrence of serious
violations of freedom of association and to ensure appropriate remedial measures,
including increased penalties for related offences.
D. The Committee’s conclusions
D. The Committee’s conclusions- 79. The Committee recalls 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 alleged continued excessive use of police force during peaceful
protests in December 2018 and January 2019, April and June 2021, February 2022, November
2023 and various instances in 2024, as well as criminal cases pending against workers
who had participated in these protests. Additional allegations refer to systematic
repression of trade union rights, including through anti-union acts by the employers,
obstacles to registration, police violence and criminalization of trade union
activities.
- 80. The Committee notes the complainant’s additional allegations,
including the use of force by the police to suppress workers’ protests, persistent
obstacles to registration and lack of protection against anti-union discrimination, as
well as the Government’s replies to these allegations and to the Committee’s previous
recommendations.
- 81. The Committee notes more specifically that the complainant alleges
restrictive measures and excessive use of police force to control three labour protests
in 2024. The complainant alleges police in April 2024 used batons, tear gas, water
cannons, and rubber bullets. It alleges a protest in September 2024 developed into a
violent clash between protesters and police, resulting in a worker being shot dead and
20 others injured. It alleges that two minors were shot while participating in a protest
two weeks later. The Committee notes that the Government does not address these concrete
incidents but instead emphasizes that it has acted swiftly to respond to worker unrest
since 2023, extending financial support, initiating consultations with all stakeholders
and facilitating the adoption of an 18-point tripartite agreement aimed at restoring
industrial peace and addressing critical concerns including non-payment of wages and
other benefits in the garment sector. The Committee notes that the complainant
acknowledges the efforts of the interim Government to address the root causes of labour
unrest in the garment sector but raises concerns as to the enforcement of the September
2024 tripartite agreement, alleging that continuing protests against persistent
violations of labour rights suggest a failure to enforce the agreement. The complainant
further alleges that the Government deployed paramilitary forces, SWAT units and Rapid
Action Battalion units in 2025 to a days-long protest in the area of government
ministries.
- 82. The Committee welcomes the Government’s role in assisting the social
partners to reach the 18-point agreement on critical labour issues that the Committee
trusts will help achieve harmonious labour relations in the garment sector. The
Committee further notes that, although workers continue to protest issues since the
September 2024 agreement was reached, there have been no reports of violence against
them. The Committee trusts that, with the Government’s facilitation, the tripartite
18-point agreement will be implemented by all stakeholders in good faith so as to
contribute to addressing the root causes of labour unrest and developing and nourishing
harmonious labour relations in the garment sector. However, the Committee regrets that
the Government has failed to provide any information regarding any concrete actions
taken to investigate the incidents in 2024 alleged by the complainant, which resulted in
deaths of and injuries to protesting workers, or to ensure accountability and redress
for the victims. The Committee encourages the Government to investigate such incidents
promptly and requests it to provide information on any concrete measures taken to
investigate those incidents and the result thereof.
- 83. Regarding the Committee’s previous recommendations, the Committee
recalls that it had requested the Government to conduct independent and impartial
investigations in relation to allegations of excessive use of force during several
incidents, which resulted in the death of or injury to workers, including the 2018–19
minimum wage protests, the November 2023 minimum wage protests, incidents in the SS
power plant construction site in Banshkhali, Chattogram and in factories D, E and F
(recommendations (a) and (e)). In this regard, the Committee notes the updates provided
by the Government, indicating in particular that: (i) two cases were filed in connection
with the death of four workers during the November 2023 protests, which are currently
under investigation by the police; (ii) two cases are under investigation concerning the
power plant construction site incident; (iii) one case was concluded and one is pending
regarding the death of a worker in relation to protests at factory D; and (iv) a case is
under trial concerning the incident at factory E. While taking due note of the update on
the pending court cases, the Committee observes that the Government does not provide any
new concrete information as to the investigation into the death of a worker during the
2018–19 minimum wage protests or on the alleged use of excessive force that caused
injuries to protesting workers in factory F (besides referring to a case filed by the
management against the workers). The Committee also regrets to observe the lack of
information on the Committee’s previous request to conduct a thorough, independent and
impartial investigation into the allegations of excessive use of force by the police
during the November 2023 protests, separate from the individual court cases initiated
into the death of the four workers, so as to determine the justification for the action
taken by the police and to determine responsibilities. In particular, it is regrettable
that the Government does not elaborate on the previously reported initiative to
establish a dedicated investigatory body in this regard within the Ministry of Home
Affairs but simply indicates that investigations of wrongdoing by the police are done by
a separate police branch in line with the Code of Criminal Procedure and that any police
officer involved in an offence while discharging their duty is subject to departmental
proceedings and disciplinary action. The Committee recalls in this regard once again
that 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 of decisions of
the Committee on Freedom of Association, para. 104]. In view of the above, the Committee
urges the Government once again to ensure that a thorough, independent and impartial
investigation is conducted into the allegations of excessive use of force against
minimum wage protesters in Gazipur in November 2023 and to keep it informed of the
process and the outcome thereof. The Committee trusts that the Government will pursue
the initiative to establish a dedicated investigatory body in this regard within the
Ministry of Home Affairs, as previously reported, so as to contribute to speedy and
transparent fact-finding and oversight of the use of force by law enforcement agencies
when addressing labour protests. The Committee further requests the Government to
provide information on the progress made in the individual court cases currently pending
in relation to the above incidents, including to provide the lacking information on the
investigations into the 2018–19 minimum wage protests and incidents in factory F.
- 84. With regard to the arrest and detention of, and charges pending
against, trade unionists following the 2023 minimum wage protests, the 2018–19 minimum
wage protests, the 2016 Ashulia strike and the incidents in the SS power plant
construction site and in factories E, F, G and H (recommendations (b), (g) and (h)), the
Committee notes the Government’s indication that: (i) none of the four unionists
previously arrested in relation to the 2023 protests are currently detained; cases
against Mr Hossain and Mr Miya were settled while cases against Mr Jewel and Mr Rahman
are pending, with the accused currently on bail; (ii) all of the 45 cases filed after
the 2023 protests have been settled; (iii) of the 36 cases originally filed in the
aftermath of the 2018–19 minimum wage protests, only 3 are pending; (iv) out of 10 cases
filed against workers after the 2016 Ashulia strike, only 1 case remains pending and is
expected to be finalized soon; (v) 2 cases filed against workers of the SS power plant
are under investigation by the police; (vi) the case filed by factory E against workers
is currently before the courts while the case filed by factory F was settled in January
2026 without framing any charges; and (vii) two cases filed against the General
Secretary of the BGIWF and 23 other union leaders and members of factories G and H were
settled. The Committee takes note of this update and welcomes the closure of several
cases. The Committee remains concerned, however, that some cases filed against workers
in the aftermath of the above incidents have been pending for years, even as long as a
decade. It should be recalled in this regard that the Committee has always attached
great importance to the principle of prompt and fair trial by an independent and
impartial judiciary in all cases, including cases in which trade unionists are charged
with political or criminal offences. Justice delayed is justice denied [see Compilation,
paras 176 and 170]. In this context, the Committee welcomes the commitment expressed by
the interim Government to addressing long-standing cases pending against workers, in
particular through the CFA Case Monitoring Committee, that the Government indicates
actively monitors progress, identifies areas for coordination and maintains close
communication with relevant individuals and organizations (recommendation (c)). The
Committee requests the Government to provide further details as to the structure,
functioning and achievements of the CFA Case Monitoring Committee and expects the
Government to continue to ensure that is fully operational by providing adequate
financial and human resources, as well as the necessary training. In view of the
complainant’s concerns that several unionists still face serious criminal charges
following their involvement in the 2023 protests, the Committee trusts that these
proceedings, as well as the other cases pending against unionists in relation to the
above incidents, will be concluded without delay and requests the Government to keep it
informed of their outcome.
- 85. Regarding the allegations of ill-treatment of unionists while in
detention following the 2016 Ashulia strike (recommendation (f)), the Committee recalls
that since its very first examination of this case, it has repeatedly requested the
Government to institute an independent inquiry into the serious allegations of death
threats, physical abuse and beatings of trade unionists in custody [384th Report, para.
169(a); 388th Report, para. 204(b); 392nd Report, para. 287(d), 400th Report, para.
109(b), 401st Report, para. 196(b) and 408th Report, para. 209(f)], and to keep it
informed of the steps taken in this regard. The Committee regrets that the Government
does not provide any concrete updates in this regard but simply affirms in general terms
that it remains vigilant in case of wrongdoings by law enforcement agencies. In these
circumstances, the Committee is bound to repeat the request it has been making since its
very first examination of the case.
- 86. Concerning lengthy judicial proceedings following the complaint of Ms
Adeeba Zerin Chowdhury, the GPEU Communication Officer, who alleged she was dismissed on
anti-union grounds together with 22 other members of the Grameenphone Employees Union
(recommendation (i)), the Committee notes that the complainant alleges the continued
absence of effective protection against acts of anti-union discrimination, pointing in
particular to a lack of action from the Government to conclude these lengthy anti-union
discrimination proceedings, either through facilitation of alternative dispute
settlement or by investigating the alleged practices at the workplace. While the
complainant emphasizes that the cases have been pending for more than 15 years after the
unionists’ dismissal, with the company allegedly obstructing the judicial proceedings,
the Government does not address this delay. The Government indicates that the hearings
of cases of almost all plaintiffs were completed and that Ms Chowdhury’s
cross-examination is scheduled to continue in February 2026. The Committee notes that
the Government adds, in relation to previously alleged anti-union practices at factory
C, that the court case was transferred to another court and is currently pending. The
Committee further notes the Government’s assertion that the SOP for handling complaints
of anti-union discrimination ensures prompt, impartial and credible examination of
complaints, that the latest BLA amendment introduces a prohibition on blacklisting and
that the Government remains committed to ensuring effective access to redress for all
concerned individuals. The Committee takes due note of the efforts reported by the
Government to tackle anti-union discrimination practices in the country, including
through legislative amendments and ensuring accessible complaint procedures. The
Committee also notes, however, the concerns raised by the complainant about the
Government’s lack of action to finalize the case of Ms Chowdhury and 22 other unionists
who have been awaiting resolution of their cases for more than 15 years. The Committee
is therefore obliged to recall that cases concerning anti-union discrimination should be
examined rapidly, so that the necessary remedies can be really effective; an excessive
delay in processing such cases constitutes a serious attack on the trade union rights of
those concerned [see Compilation, para. 1139]. In light of the above, the Committee
urges the Government once again to take any measures in its power to ensure that the
case concerning Ms Chowdhury’s complaint of anti-union discrimination, as well as those
of the 22 other unionists, are concluded without further delay and to provide
information on the status and outcome of these cases, as well as of the pending case of
anti-union discrimination in factory C. The Committee further trusts that the adoption
of the SOP on the handling of anti-union discrimination cases, together with the latest
amendments to the BLA and adequate training of relevant officials, will contribute to
the efficient handling of and redress for such complaints.
- 87. Regarding the previously reported development of a curriculum for
in-service training of police officers (recommendation (k)), the Committee notes the
Government’s indication that, in collaboration with the Office, it is actively reviewing
and updating the existing training curriculum and developing new modules reflecting
international labour standards, which will be provided to the Committee once updated.
Taking due note of this initiative and recalling that the link to the curriculum
previously provided by the Government was dysfunctional, the Committee trusts that the
curriculum will be updated without delay so as to provide a strong foundation for police
officers on civil liberties as well as labour and human rights. The Committee requests
the Government to provide copies of, or hyperlinks to, the updated curriculum, once
available.
- 88. As to the allegations of continued obstacles to trade union
registration, the Committee notes that according to the complainant, trade union
registration, both through the online and offline systems, is characterized by
deliberate postponements and obstruction by labour officers, while the Government
asserts that both systems are functioning and adds that the ongoing BLA amendment
removes unnecessary and restrictive requirements to registration, lowers the threshold
for forming a trade union and reduces the amount of information, documents and meetings
required, thus simplifying the registration process. The Committee further notes with
concern the case of the Ship Building Workers’ Union, whose registration was refused
several times and has been pending for 14 years, as well as the Government’s reply in
this respect, indicating that the union’s registration was rejected in line with the
applicable legal requirements. The Committee does not have sufficient information at its
disposal to assess the repeated refusal of registration of the Ship Building Workers’
Union.. Recalling that a long registration procedure constitutes a serious obstacle to
the establishment of organizations and amounts to a denial of the right of workers to
establish organizations without previous authorization [see Compilation, para. 463], the
Committee welcomes the reported simplification of registration proposed in the BLA
amendment and trusts that its implementation will minimize any arbitrary obstruction to
registration and will facilitate trade union registration in practice. The Committee
requests the Government to provide further details on the new registration requirements
and their application in practice, once the BLA amendment is fully adopted, to the
Committee of Experts, to which it refers this legislative aspect of the case. The
Committee further requests the Government to ensure that the application for
registration of the Ship Building Workers’ Union is assessed by the competent
authorities without delay and its registration granted, should the basic requirements be
objectively fulfilled.
- 89. Regarding the legislative review of the BLA (recommendation (d)), the
Committee notes the information provided by the Government that extensive consultations
were held through reformed, genuinely tripartite bodies, that consensus was reached on
most of the key issues, that the BLA amendment was promulgated through gazette
notification in November 2025 and that, after the February 2026 general elections, it
will be placed before Parliament for endorsement. While welcoming the promulgation of
the Ordinance, as well as the Government’s continued cooperation with the Office to
address some of the concerns previously raised by the Committee of Experts, the
Committee understands, from publicly available information, that should the Ordinance
amending the BLA not be endorsed by the Parliament within 30 days after it has been laid
before it, the Ordinance and thus the BLA amendment will lapse (article 93(2) of the
Constitution of Bangladesh). In view of the above and further recalling that the
Conference Committee on the Application of Standards and the Committee of Experts have,
for numerous years, been examining the compatibility of national legislation with the
Conventions on freedom of association ratified by Bangladesh, the Committee requests the
Government to provide any further updates on the endorsement of the Ordinance by the
Parliament, as well as a copy of the BLA as finally amended, to the Committee of
Experts, to which it refers this legislative aspect of the case.
- 90. Finally, taking due note of the Government’s commitment to developing
the necessary legal and administrative framework to prevent the recurrence of serious
violations of freedom of association and to ensure appropriate remedial measures, the
Committee expresses the firm hope that the conclusions and recommendations it has been
making in this case over many years will assist the current and future Governments to
take steps towards the development of a constructive and harmonious industrial relations
climate where freedom of association can be exercised free from violence, intimidation
and fear.
The Committee’s recommendations
The Committee’s recommendations- 91. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following:
- (a) The Committee encourages
the Government to promptly investigate the new reported incidents of police violence
in 2024 and requests the Government to provide information on any concrete measures
taken to investigate those incidents and the results thereof. The Committee trusts
that, with the Government’s facilitation, the September 2024 tripartite 18-point
agreement will be implemented by all stakeholders in good faith so as to contribute
to addressing the root causes of labour unrest and developing and nourishing
harmonious labour relations in the garment sector.
- (b) The Committee urges
the Government once again to ensure that a thorough, independent and impartial
investigation is conducted into the allegations of excessive use of force against
minimum wage protesters in Gazipur in November 2023 and to keep it informed of the
process and the outcome thereof. The Committee trusts that the Government will
pursue the initiative to establish a dedicated investigatory body in this regard
within the Ministry of Home Affairs, as previously reported, so as to contribute to
speedy and transparent fact-finding and oversight of the use of force by law
enforcement agencies when addressing labour protests. The Committee further requests
the Government to provide information on the progress made in the individual court
cases currently pending in relation to the above incidents (the November 2023
minimum wage protests, the 2018–19 minimum wage protests, incidents in the SS power
plant construction site in Banshkhali, Chattogram and in factories D, E and
F).
- (c) The Committee requests the Government to provide further details as
to the structure, functioning and achievements of the CFA Case Monitoring Committee
and expects the Government to continue to ensure that is fully operational by
providing adequate financial and human resources, as well as the necessary training.
The Committee trusts that all proceedings pending against unionists in relation to
the above incidents (the 2023 minimum wage protests, the 2018–19 minimum wage
protests, the 2016 Ashulia strike and the incidents in the SS power plant
construction site and in factories E, F, G and H) will be concluded without delay
and requests the Government to keep it informed of their outcomes.
- (d) The
Committee once again urges the Government to take the necessary steps to ensure that
an independent inquiry into the allegations of ill-treatment of trade unionists
arrested and detained in the aftermath of the 2016 Ashulia strike is instituted
without further delay. It requests the Government to keep it informed of the steps
taken in this regard.
- (e) The Committee urges the Government once again to
take any measures in its power to ensure that the case concerning Ms Adeeba Zerin
Chowdhury’s complaint of anti-union discrimination, as well as those of the 22 other
unionists, are concluded without further delay and to provide information on the
status and outcome of these cases, as well as of the pending case of anti-union
discrimination in factory C. The Committee further trusts that the adoption of the
standard operating procedure on the handling of anti-union discrimination cases,
together with the latest amendments to the Bangladesh Labour Act (BLA) and adequate
training of relevant officials, will contribute to the efficient handling of and
redress for such complaints.
- (f) The Committee trusts that the curriculum
for in-service training of police officers will be updated without delay so as to
provide a strong foundation for police officers on civil liberties as well as labour
and human rights. The Committee requests the Government to provide copies of or
hyperlinks to the updated curriculum, once available.
- (g) The Committee
trusts that the implementation of the simplified registration procedure included in
the BLA amendment, as reported by the Government, will facilitate trade union
registration in practice and minimize any arbitrary obstruction to registration. The
Committee requests the Government to provide further details in this regard to the
Committee of Experts on the Application of Conventions and Recommendations
(Committee of Experts), to which it refers this legislative aspect of the case. The
Committee further requests the Government to ensure that the application for
registration of the Ship Building Workers’ Union is assessed by the competent
authorities without delay and its registration granted, should the basic
requirements be objectively fulfilled.
- (h) The Committee requests the
Government to provide any further updates on the endorsement by the Parliament of
the Ordinance amending the BLA, as well as a copy of the BLA as finally amended, to
the Committee of Experts, to which it refers the legislative aspects of the
case.
- (i) The Committee expresses the firm hope that the conclusions and
recommendations it has been making in this case over many years will assist the
current and future Governments to take steps towards the development of a
constructive and harmonious industrial relations climate where freedom of
association can be exercised free from violence, intimidation and fear.
- (j)
The Committee draws the attention of the Governing Body to the serious and urgent
nature of this case.