Caso individual (CAS) - Discusión: 2014, Publicación: 103ª reunión CIT (2014)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Bangladesh (Ratificación : 1972)



A Government representative expressed the strong belief that labour inspection was a critical instrument in ensuring better working conditions and a strong commitment to promoting labour rights, safety and welfare through an effective inspection framework. Referring to the observation of the Committee of Experts, he was pleased to inform the Committee that the Bangladesh Labour Act had been amended by the National Parliament in 2013. In the process of amendment, a wide range of comments from relevant stakeholders, including the ILO, had been consulted by the Tripartite Labour Law Review Committee. On the basis of tripartite consensus, most of the proposals had been incorporated into the amendment. The amended Act particularly focused on: (1) workers’ dignity, well-being, rights and safety; (2) transparency in trade union registration and the wage payment system; and (3) promoting trade unionism and collective bargaining. Effective implementation of the amended Act would require comprehensive rules after a wide consultation involving all relevant stakeholders. Consultations were under way with the relevant stakeholders.

With respect to the restructuring of the labour inspection system, the Government had completed, in an accelerated process, the restructuring of the Directorate of Inspection, which had become a department in mid-January 2014. The Directorate of Inspection had previously had only 314 staff members. After restructuring, the staff of the newly formed department had increased by more than threefold to 993 members. In the first phase, 679 new posts had already been approved for the department. Significantly, among these posts, 392 were exclusively for inspectors. Since May 2013, 67 inspectors had been appointed to fill the existing vacant posts complying with the existing procedures. The recruitment of additional inspectors was in progress. After restructuring, additional resources and logistics were being provided for the department. Regarding export processing zones (EPZs) and the Workers’ Welfare Association and Industrial Relations Act 2010, a high-level committee was actively working to prepare a separate and comprehensive EPZ Labour Act. A preliminary draft had been prepared and consultation on the draft with the relevant stakeholders was under way. The Bangladesh Export Processing Zones Authority (BEPZA) was responsible for ensuring the rights and privileges of the workers of enterprises operating in EPZs through constant supervision and monitoring by BEPZA officials and counsellors. All members of the elected Executive Committee of the Workers Welfare Associations (WWA) were actively performing their activities as Collective Bargaining Agents (CBAs). With respect to the measures to ensure effective inspection of the construction sector under the Bangladesh National Building Code (BNBC), responsibility for the enforcement of building codes lay with different administrative authorities all over the country. Those authorities were in the process of increasing their staff and providing modern equipment to ensure enforcement of the BNBC. Regular training was provided to building inspectors, fire inspectors and factory inspectors. Regarding labour inspection visits in Bangladesh, he stated that labour inspections were essentially carried out by labour inspectors and by special inspection teams. The labour inspectors also carried out confidential inspections. In case of non-compliance, appropriate measures were taken based on the observations from inspection under the Labour Act. Regarding occupational accidents and diseases, according to the Bangladesh Labour Act, registers were maintained by the factory owners for this purpose. Awareness-raising programmes were conducted for employers and directives were given to employers on a regular basis. In the recent restructuring process, the number of posts of inspectors had been increased to ensure occupational health and safety. He particularly wished to mention that the Government had already adopted a National Occupational Health and Safety Policy in 2013 to address issues related to the health and safety of workers.

He extended his sincere thanks to the ILO and other development partners for their technical support and assistance in improving working conditions in Bangladesh. The assessment of fire and electrical safety and the structural integrity of ready-made garment (RMG) factories was being carried out with the technical assistance of the ILO and other development partners, including brands and buyers. With the assistance of the ILO, a publicly accessible database system for labour inspection related issues had been launched recently. The development of another database system on trade union issues was under way with the Department of Labour. The ILO was also providing training and logistics for inspectors. Finally, a US$24.2 million project was being implemented to improve the working conditions in the RMG sector of Bangladesh. His Government deeply appreciated the constructive engagement of the ILO and other development partners for ensuring better working conditions in Bangladesh. In the past year, Bangladesh had done its best to mobilize its systems, resources and capacities to ensure labour rights, safety and security. Bangladesh would however need more time, understanding and support from all to achieve its objective.

The Employer members noted that this case had been double footnoted by the Committee of Experts, which had requested the Government to supply full particulars to the Committee on the Application of Standards. The context of this case was important for the Employer members. The shocking loss of life in the world’s second biggest clothing exporter had quite correctly forced private sector businesses around the globe to ask important questions about their supply chains and take more social and ethical responsibility. Given the context, the Employer members noted that the Bangladeshi employers, trade unions and the Government had quickly agreed on the steps that needed to be taken, including factory health and safety standards and details on how the reforms would be financed.

This was not a case in which there was a problem with cooperation with the ILO or requesting technical assistance. On 24 March 2013, the ILO had accepted a formal request to assist in the implementation and coordination of the National Tripartite Plan of Action on Fire Safety (NTPA). From 1 to 4 May 2013, a high-level ILO mission had visited Bangladesh to identify key areas for action which had resulted in the signing of a joint statement by the tripartite partners, which built on the NTPA. The Joint Statement identified key areas for action, such as strengthening labour inspection, worker and management training and awareness of occupational safety and health (OSH) and workers’ rights, rehabilitation and skills training of workers with disabilities. On 13 May 2013, two global unions (IndustriALL and UNI Global) and more than 150 international brands and retailers had signed the Accord on Fire and Building Safety in Bangladesh. This was a five-year programme under which companies committed to ensuring the implementation of health and safety measures. On 8 July 2013, the European Union (EU), the Government of Bangladesh and the ILO had issued the Global Sustainability Compact to promote improved labour standards, the structural integrity of buildings and OSH, and responsible business conduct in the RMG sector and knitwear industry in Bangladesh. The Compact built upon the NTPA and assigned an important coordination and monitoring role to the ILO. On 10 July 2013, the Alliance for Bangladesh Worker Safety had launched by 26 North American retailers and brands. It was a five-year programme under which the companies committed to ensuring the implementation of health and safety measures. On 15 July 2013, the Government had adopted amendments to the Labour Act to bolster OSH. The amendments gave special attention to the requirements of Articles 1, 4 and 23 of the Convention in order to enforce labour inspection with regard to health, safety and the protection of workers in the workplace. On 25 July 2013, the NTPA had been merged with the Joint Statement to form the National Tripartite Plan of Action on Fire Safety and Structural Integrity in the Ready-Made Garment Sector in Bangladesh. On 22 October 2013, the ILO had launched a $24 million programme aimed at making the Bangladeshi garment industry safer. The three-and-a-half year initiative focused on minimizing the threat of fire and building collapse in RMG factories and on ensuring the rights and safety of workers. On 22 November 2013, assessments of the structural integrity and fire safety of RMG factory buildings had officially commenced. On 15 January 2014, the Government of Bangladesh had upgraded the Chief Inspector of Factories and Establishments Office to a department, sanctioning 679 new staff positions in the Directorate, including 392 new inspectors. On 22 January 2014, training of the first batch of the newly recruited labour inspectors had started in Dhaka, focusing on capacity building.

The Employer members understood that steps had been taken to reorganize the Department of Inspection under a project, “Modernization and strengthening of the Department of Inspection for Factories and Establishments” (DIFE). Under the project, the Department had been enlarged, more inspectors had been appointed and the system of inspection improved. As required by Articles 9 and 14 of the Convention, they understood that the Government had appointed three categories of inspectors, namely medical, engineering and general. These inspectors provided technical expert services not only for the purpose of labour inspection, but also for the enforcement of legislation. The Employer members also understood that the Government had plans to work with the ILO to find ways of bringing EPZ areas under the purview of national labour law. More information in this regard would be welcomed. In supervising this case, it was necessary to consider the self-evident coordination problems that existed on the ground. The ILO had been working to achieve coordination between the National Tripartite Committee (Bangladesh University of Engineering and Technology – BUET), Accord and Alliance in order to harmonize standards and methodologies and to avoid duplication of assessments. Indeed, when considering the request by the Committee of Experts for more information, it had been noted that, at the technical meeting of 15 May 2014 organized by the ILO, technical experts from the BUET, Accord and Alliance had agreed on a format for summary reports to be used by all three initiatives for publication of the reports to be published on the website of the Inspector General. The Employer members urged the Government to provide the requested full particulars, especially with regard to the technical assistance received from the ILO to date.

The Worker members recalled the unimaginable horror of the Rana Plaza disaster, which had claimed the lives of over 1,000 garment workers. This disaster had followed the Tazreen Fashions factory fire of 2012, in which more than 100 workers had been trapped inside the factory and had died in the fire or as they leapt from the windows in an attempt to escape. These preventable tragedies provoked soul-searching in government offices and corporate boardrooms around the world, as it became obvious that the status quo could no longer be tolerated, namely a global garment production system that placed workers, mostly young women, at a high risk of serious injury or death. The victims of those tragedies and their families were still waiting for respect and compensation. Those tragedies could easily have been prevented by an effective labour inspection system. In the aftermath of the Rana Plaza disaster, innovative initiatives such as the Bangladesh Accord on Fire and Building Safety, supported by global union federations and nearly 200 global apparel brands, had meant that garment factories were being inspected by competent and independent inspectors for the first time. Some foreign governments had also contributed resources to support a variety of new initiatives, some under the auspices of the ILO, including improving factory inspections. These were welcomed. However, efforts such as the Accord only became necessary because the Government of Bangladesh had failed and continued to fail to maintain an effective system of labour inspection as required by Convention No. 81. The Government had made some progress as it had upgraded the inspection unit to a “directorate” and had authorized new inspector posts and began to fill them. However, this progress had been frustratingly slow.

With regard to capacity, Article 10 of the Convention provided that the number of labour inspectors must be sufficient to secure the effective discharge of the duties of the inspectorate. Last year, the Government of Bangladesh committed to hire 200 additional labour inspectors by 31 December 2013, with a longer term goal of 800 inspectors in total. However, the deadline had not been met to reach this goal. There were numerous vacancies in existing posts which needed to be backfilled. The Worker members understood that there was a plan to hire the remainder of the newly authorized inspectors this year. The need for additional inspectors was extremely critical and the numerous delays called into question the Government’s sense of urgency, and ultimately, its commitment to setting up a proper labour inspection service. There were several additional limitations that would threaten the functioning of even a well-staffed inspectorate: (i) transportation for inspectors was extremely limited or non-existent and workers were aware that some employers were in fact paying for transportation costs, which could jeopardize the impartiality of inspections and any element of surprise; and (ii) neither the Directorate of Labour nor the Department of Inspection for Factories and Establishments had legal staff, and factories often hired experienced lawyers to fight charges, quickly overwhelming the under-resourced inspectors and investigators and causing violations not to be pursued. With respect to coordination, Article 5 of the Convention called for effective cooperation between the inspection services and other government services engaged in similar activities. Despite plans regarding building and fire safety, there appeared to remain a serious lack of coordination and cooperation among relevant government agencies and private institutions on this issue, or indeed any issues related to the matters subject to labour inspection. Officials of the labour inspectorate were supposed to collaborate with both employers’ and workers’ organizations. In this regard, the Worker members did not see the same dedication to collaborating with trade unions as with employers.

With respect to EPZs, Convention No. 81 should apply to all workplaces, with limited exceptions. However, the EPZs, in which over 400,000 workers worked, remained outside the purview of the Ministry of Labour. Thus, the Ministry did not carry out any inspections in the zones. Instead, BEPZA relied on roughly 60 “counsellors” which they claimed were akin to labour inspectors. However, workers had reported that these “counsellors” had not carried out inspections and at best handled grievances. Workers also found that they were not independent and were primarily concerned with protecting investors. Though the Government had promised to bring the EPZs under the Labour Act, rather than the much criticized EPZ Workers’ Welfare Association and Industrial Relations Act, it had failed to do so to date. The Government must immediately work to ensure that EPZ workers were covered by the Labour Act and that the Ministry of Labour could conduct inspections in the EPZs. This was particularly important given the ban on trade unions in EPZs and would empower workers to monitor and enforce the application of the labour law. With regard to enforcement, the inspectors did not have the power to penalize violators; they only could report the case to the courts. The fines available under the Labour Act remained negligible, for example fines for obstructing a labour inspector from carrying out his or her duties had risen from 5,000 to 25,000 taka (BDT), a mere $325. Penal sanctions were available in some cases, including for obstruction of inspectors, which was now up to six months of imprisonment. Fines for labour law violations generally still remained far too low to be dissuasive. Moreover, due to lengthy legal processes and corruption at all levels, the penalties for violations of the Labour Act were not adequately enforced. With the exception of the Rana Plaza case, the Worker members were unaware of any criminal proceedings pending for any violation of the Labour Act. The extent to which any penalties were imposed and collected was unknown, as the data was not available. The Inspection Department did not currently have any procedure to investigate complaints by workers or unions concerning violations by employers. Mandatory procedures for the Inspection Department should therefore be included in the Labour Act or proposed rules, with specific time frames. Investigations should be open and workers or unions be allowed to participate and to present evidence in support of their complaints.

Of particular concern to the Worker members was the wave of anti-union dismissals perpetrated by employers in the RMG sector which the inspectorate had failed to address. There had been much attention given to the fact that many new trade unions had been registered in the RMG sector after the Government reversed its policy of keeping the RMG sector free of independent trade unions. However, what had received less attention was the wave of dismissals. The leaders of many of these newly registered unions had suffered retribution, sometimes violent, by management or their agents. Some union leaders had been brutally beaten and hospitalized as a result. Entire executive boards had been sacked and up to now there had been no adequate response from the labour inspectorate.

With respect to transparency, Articles 20 and 21 of the Convention provided that the Government must issue public reports, at least annually, on the results of their inspection activities. However, reporting on inspection was infrequent and incomplete. In the RMG sector, where factories were being inspected by a combination of public and private initiatives, transparency on factory inspections left much to be desired. To date, the BUET, under the supervision of the National Tripartite Committee, had failed to publicly disclose any inspection reports. DIFE had established an RMG sector database which included factory names, addresses, owner names, number of workers, and the number of inspections completed. However, the database included no more substantive content, such as violations identified, fines and sanctions administered, factories closed or relocated or violations remediated. Only the private initiatives had published factory reports, and only the Accord had published them in English and Bengali. The Worker members were appalled that some factory owners were threatening lawsuits against the Accord for doing the job that the Government should be doing. Finally, with regard to health and safety, it was noted that, while the amended Labour Act provided for the creation of occupational health and safety committees, the rules and regulations had not been adopted. There was no further time for delay. While modest steps had been made, the Government of Bangladesh must act with a much greater sense of urgency and purpose than had been seen to date. Systemic reforms were necessary. If it did not commit itself to the construction of an effective labour inspection system now and take the steps to realize that commitment, labour violations of all kinds would continue. It would be only a matter of time before the next disaster claimed the lives of more Bangladeshi workers.

The Employer member of Bangladesh recalled that the focus of the 2013 amendment to the Bangladesh Labour Act, 2006, was to ensure workers’ welfare and safety, industrial safety as well as transparency in trade union registration and wage payment systems. In concrete terms, following the amendments: workers no longer needed to submit to employers the lists of workers intending to form a trade union; workers were entitled to form a participation committee through direct elections; employers and workers had the possibility of referring to external expert support in collective bargaining matters at the enterprise level; employers had the possibility to opt for the payment of wages through an electronic payment system; and mandatory safety committees were introduced in enterprises with more than 50 workers. It was also expected that the amendment would improve working conditions at the enterprise level through social dialogue. In this respect, there had been over 100 per cent growth in trade union registration in the first five months of 2014. Regarding the restructuring of the labour inspection system, the Office of the Chief Inspector of Factories and Establishments had been upgraded to a Department with offices in 23 districts and 575 inspectors. The post of the Chief Inspector had been upgraded to Inspector General. A total of 39 inspectors had since been recruited and the Public Service Commission had recommended the recruitment of 25 more inspectors. In addition, after the tragedy of Rana Plaza, and in response to technical assistance requested by the Government, the social partners, global buyers and development partners in Bangladesh, the Ready-Made Garment Programme had been developed with the objective of achieving immediate results through rapid action on building and fire capacity, as well as support to survivors. Long-term results were expected through the implementation of improved legislation on working conditions. The Programme was also designed to support interventions identified by the National Tripartite Plan of Action on Fire Safety and Structural Integrity of Buildings in the Ready-Made Garment Industry, as updated in July 2013, as well as to support the commitments of the Government formulated in the Global Compact for Continuous Improvements in Labour Rights and Factory Safety in the Ready-Made Garment and Knitwear Industry, which had been signed on 23 July 2013 with the EU and the ILO. The Programme, as well as the Better Work Programme had five components: (i) building and fire safety assessment to complete a fire and building safety assessment of all RMG factories; (ii) strengthen labour inspection and support fire and building inspection, which included the improvement of legislative and policy frameworks, the improvement of the structure and processes of both services; (iii) awareness raising on OSH through training of employers’ and workers’ organizations, as well as multimedia and education campaigns; (iv) rehabilitation and skills training for survivors of the Rana Plaza and the Tazreen tragedies without discrimination; and (v) implementation of the Better Work Programme. Referring to the concrete actions undertaken in the implementation of each of the above components, he provided detailed information on the assessments carried out by national technical committees and review panels, whose reports were published on the Internet, and the difficulties encountered with regard to communication. In light of the action described, statements indicating that very little had been done were incorrect. However, a lot of work still needed to be done. In particular, capacity building was a complex issue that required time, resources and good coordination.

The Worker member of Bangladesh indicated that labour inspection had been neglected. DIFE and the Bangladesh Fire Service and Civil Defence had been operating with inadequate staff and logistics. Moreover, the lack of effective coordination between the concerned departments prevented efforts to ensure industrial safety and the recent disasters could have been avoided if an effective labour inspection system had been in place. However, the Government’s immediate response and rehabilitation programme following these incidents was appreciated. While the Government had upgraded the Department of Inspection with additional staff, it needed to take measures without delay to complete the process of recruiting new inspectors. Without sufficient resources, logistics and proper training, the new inspectors would not be able to perform their duties effectively. The Global Compact for Continuous Improvements in Labour Rights should also provide inspectors with logistical support. The initiatives by the ILO as well as international buyers were welcome, and the Government would be taking immediate action based on the safety risks identified. It was necessary for the Government to ensure the establishment of factory-level safety committees, with the participation of workers and factory management. The new minimum wage in the RMG sector needed effective monitoring. While the revised Labour Act no longer required workers intending to form a trade union to inform the factory owner, this required further implementation. In addition, there remained provisions in the revised Labour Act that were not in line with ILO Conventions, and the Government needed to initiate consultations for further amendments. Effective measures should also be taken to bring work performed in the informal economy under the purview of the Labour Act, in consultation with the tripartite constituents. She expressed concern regarding labour rights in EPZs. While the Government had allowed the Labour Courts and Labour Appellate Tribunal to resolve grievances in EPZs, the Labour Act was not applicable in these zones. The Government should finalize the draft EPZs labour act without delay. Moreover, the online trade union registration process, the workers’ complaint hotline and the publicly accessible database should be made functional as soon as possible. In addition, the proper implementation of the Better Work Programme would assist in establishing a unique inspection modality in the RMG sector, and its implementation should be expedited. Lastly, it was essential for the Government to identify any violations of the national legislation and ensure that adequate sanctions were applied.

The Government member of Greece, speaking on behalf of the European Union (EU) and its Member States, as well as Albania, Iceland, Montenegro, Norway, Serbia, The former Yugoslav Republic of Macedonia, Turkey and Ukraine, said that the Global Compact launched by the EU, the Government of Bangladesh and the ILO in July 2013 outlined commitments mainly related to the issues discussed by the Committee, including with regard to the Convention. The progress of Bangladesh in implementing several commitments under the Compact was to be welcomed, while sustained efforts were needed to ensure its full implementation. Amendments to the Labour Act were also to be welcomed and it was now important to implement legislation to follow suit. The Government needed to continue the modernization and strengthening of DIFE by restructuring and expanding it, increasing its staff and the training for labour inspectors. The Government should be encouraged to keep the ILO informed of any further progress in relation to those issues, as well as with respect to the proposed Labour Act 2014 for EPZs. The Government needed to address the remaining shortcomings identified by the Committee of Experts regarding the labour law reform, and to continue implementing the remaining outstanding commitments under the Compact. Commitments made to support and protect trade unions were also important as they had a positive impact on the work of the labour inspectorate. It was necessary to continue to support the Government in improving labour rights and factory safety, and to meet international labour standards, in collaboration with all stakeholders involved in the supply chain, including initiatives of global buyers. The decisive efforts of the Office to bring together the various relevant stakeholders to promote labour rights and safe workplaces should be welcomed and the Government was encouraged to avail itself of ILO technical assistance.

The Worker member of Canada referred to the campaign of the Canadian Labour Congress to push Canadian companies to join the Bangladesh Accord on Fire and Building Safety. He considered that a robust national inspection system was essential to prevent events like Rana Plaza. However, according to the statement from a trade unionist from the Bangladesh Free Trade Union Congress (BFTUC), limited progress had been achieved in labour legislation since the Rana Plaza tragedy. There was a wide gap between the promises made by the Government and the reality on the ground, in particular with respect to labour inspections. Although promises had been made concerning the appointment of 200 new inspectors, only 50 posts had already been filled. Besides, even if promises were fulfilled, the additional 200 inspectors would not be enough to cover adequately the high number of existing factories and the wide range of safety and health issues. It was urgent to increase the labour inspectorate’s human, material and financial capacity and to improve labour inspection reporting. Moreover, labour inspectors should be able to perform their work free from any pressure from employers. The labour inspectorate should also take adequate measures to compile independent data, evaluate its activities, address violations and prevent further deaths and injuries. He emphasized that in order to fully address the existing problems, it was essential for the workforce to be adequately informed, for trade unions to participate in capacity building and for labour inspectors to guide workers and employers in the implementation of the Convention. Furthermore, the recent establishment of the Tripartite National Health and Safety Council, as well as health and safety committees in factories, should help to inform workers and allow them to participate actively in the construction of a strong labour inspectorate. Workers and inspectors who reported violations should also be ensured adequate protection. The Government should give the highest priority to workers’ safety and health, which would enable the ILO to provide adequate technical assistance.

The Government member of Switzerland stated that his country endorsed the statement made by the EU, with the exception of the specific reference to the Compact between the EU, the ILO and Bangladesh. Switzerland supported the ILO’s action in Bangladesh, in particular its work under the Better Work Programme, and encouraged the Government to continue working towards strengthening labour inspection, OSH and the effective implementation of legislation with the support of all the partners to improve working conditions, particularly in the garment sector.

The Government member of the United States observed that the Rana Plaza disaster, which had occurred in April 2013, had highlighted the human costs of poor safety and unacceptable working conditions in Bangladesh’s RMG sector. In this respect, the Committee had stressed in 2013 that a climate of full respect for freedom of association could make a significant contribution towards the effective protection of workers’ safety. Indeed, at the Committee’s request, the Director-General of the ILO had submitted a detailed report to the Governing Body on the situation of trade union rights in Bangladesh which the Governing Body had discussed at its March 2014 session. The Committee was now considering the critical role of high-quality labour inspection in ensuring the effective implementation and enforcement of labour laws in making all workplaces safer in Bangladesh. To that end, a core element of the engagement of her Government and of the ILO with the Government of Bangladesh had been on the specific steps needed to strengthen the labour inspection system. She added that her Government had also provided funds to support workers’ ability to advocate for their rights and safety. She underlined the long-standing and serious concerns of the United States with respect to workers’ rights and working conditions in Bangladesh. To this effect and within the framework of the June 2013 Action Plan for the reinstatement of the Generalized System of Preferences (GSP) benefits and the July 2013 Global Compact for Continuous Improvements in Labour Rights between the EU, the ILO and the Government of Bangladesh, with which the United States was associated, her Government was engaged in ongoing dialogue with the Government of Bangladesh. In the discussions, which were focused on the RMG sector and EPZs, emphasis was put on the need to increase the number of labour inspectors, the improvement of the training of the inspectors, the establishment of clear procedures for independent and credible inspections, the increase of the resources at the disposal of inspectors to conduct effective inspections and the transparent publication online of inspection results. Furthermore, her Government had provided resources to the ILO technical assistance activities aiming to strengthen the labour inspection system in Bangladesh and supported programmes on workers’ awareness raising and training to improve their ability to organize and hence to provide input into safety and inspection processes. While acknowledging the Government’s commitment to improving compliance with international labour standards and welcoming the significant increase in the Government’s budget for labour law enforcement and its continued recruitment of additional inspectors, she considered that more action needed to be taken to ensure that the newly recruited inspectors received training, resources and full support from senior government officials. To this effect, it was also important that the private sector fulfilled its critical responsibility. In conclusion, the Government needed to continue to work with the ILO in the implementation of its commitments to comply with its obligations under the Convention, as well as to implement the reforms to the Labour Act. Moreover, it was also important to extend the authority of the Ministry of Labour and Employment to EPZs in order to secure improvements with regard to workers’ safety and the respect for their labour rights, particularly in the RMG sector.

The Worker member of Germany emphasized the importance of the implementation of the Convention by the Government. Despite initial progress, there was still an urgent need for action, and international enterprises, consumers and governments had to assume their responsibility. Many German enterprises produced in Bangladesh and had benefited from an underpaid labour force and poor working conditions. German enterprises producing in Bangladesh should be reminded of their corporate responsibility. Referring to the transparency requirement for carrying out labour inspections, he emphasized that labour inspections were not to be carried out for their own sake and that it was important that the results of the inspections were published and followed by appropriate steps, which was currently not the case in Bangladesh. Information and statistics had to be published with regard to the inspectors, the number of workers and enterprises, the inspections carried out, the violations reported and the sanctions imposed, and the number of accidents and occupational diseases. Finally, the transparency requirement was also important in the context of corruption as inspectors were accused of being open to bribery. Turning to the responsibility for labour inspections, he stated that the Convention clearly put the responsibility on the Government. While welcoming complementary inspections carried out in the framework of the Bangladesh Accord on Fire and Building Safety by actors other than the Government, it was important for the Government to fulfil its obligation to carry out inspections and not to shift its responsibility for carrying out inspections on a permanent basis. Finally, he considered that the Government should involve trade unions in its actions, as strong trade unions could make a significant contribution to effective and successful labour inspections and to preventing accidents in the workplace.

The Government member of Cuba expressed her appreciation for the information provided by the Government regarding the adoption of additional legislative provisions to enhance the protection of workers in the workplace and the improved efficiency of the labour inspection system, including by increasing the number of labour inspectors and inspections. The acceptance of ILO technical assistance and the express wish to work with the ILO, other international organizations and other countries to improve OSH demonstrated the Government’s will to prevent a repetition of serious accidents like those which had occurred in the past. She called for technical assistance to be continued, in particular to improve data management systems and training of labour inspectors.

The Government member of Sri Lanka stressed the importance of labour inspection to improve working conditions. With a view to strengthening labour inspection, the Government had to amend the labour legislation, restructure the labour inspection system and reinforce its human resources, enact separate legislation on EPZs, effectively implement the National Building Code and raise employers’ awareness on OSH issues. The Government had already taken certain measures in those respects with ILO technical assistance and needed to pursue its efforts in the future.

The Worker member of Japan, reiterating the important relationship between safe workplaces and respect for workers’ rights, recalled that the disasters of Rana Plaza and Tazreen demonstrated the vulnerability of those workers without the protection of strong unions. Some progress had been made in the country, including factory inspections under the Bangladesh Accord on Fire and Building Safety, but more needed to be done. Many new unions had been registered in the garment industry, but the Government was failing in its duty to protect the right of freedom of association and collective bargaining through efficient labour inspection. Therefore, many employers were refusing to sit at the bargaining table to negotiate with registered trade unions. Moreover, the minor improvements to the labour legislation had fallen well short of international standards. Hundreds of thousands of workers, the majority of whom were women, were still prohibited from establishing trade unions. For example, workers in a factory seeking to register their union in February 2014, had faced a strong anti-union campaign by the management. These workers, including trade union leaders, had been subject to intimidation and physical assault. He concluded by emphasizing that, without the protection of workers’ rights, there would be no guarantee of a safer workplace.

The Government member of Canada indicated that as a result of the tragedies which had occurred in late 2012 and early 2013, many efforts had been made in the area of labour inspection. Canada remained concerned at the dangerous working conditions in the garment sector, and expected that trading partners would ensure safe working conditions consistent with international standards. He noted the adoption of additional legislative provisions related to OSH, as well as the different initiatives undertaken, many of which were coordinated by the ILO. The Government was encouraged to continue to implement its National Tripartite Action Plan in a timely manner. While welcoming the recruitment and appropriate training of additional labour inspectors, he encouraged the Government to increase its efforts in this regard. Canada was committed to working with all stakeholders and was pleased to be one of the three principal supporters of “improving working conditions in the Bangladesh RMG sector”, an ILO project which stood ready to provide technical assistance and comprehensive training for labour inspectors. A skilled, competent and productive cadre of labour inspectors was essential for the Government to fulfil its regulatory role in an efficient and credible manner. The Government should collaborate with the social partners and the ILO for the effective implementation of the Convention by providing adequate protection for workers through safer workplaces as well as relevant statistical data on labour inspection activities.

The Government member of China noted that the Government of Bangladesh had revised the Labour Act and was developing a labour law to cover EPZs, in consultation with the relevant parties. The Government had adopted a national OSH policy, and was working to improve labour inspection in the construction sector. The labour inspectorate had been restructured and the number of labour inspectors had been increased. The Government was collaborating with the ILO to improve working conditions and labour inspection. This cooperation should be recognized, and it could be further improved in the future.

The Worker member of the United States, also speaking on behalf of the Worker members of France and Italy, said that Bangladesh suffered from a governance gap with regard to labour inspections, as the Government had failed to exercise political will, develop technical capacity and dedicate the necessary resources. Article 6 of the Convention provided that labour inspection was a state obligation, and nascent efforts to create such a labour inspectorate should be supported. This would take time to build, especially if labour inspections were not prioritized. While a force of 3,000 “industrial police” had been established in 2010 to investigate security and maintain law and order in industrial zones, there had not been a similar investment in labour inspection. Multinational brands and retailers had knowingly chosen to extend their supply chains into places where inexpensive labour, weak regulation and few workplace-based unions were central to the business model. In this regard, the United Nations Guiding Principles on Business and Human Rights provided that corporate responsibility to respect human rights existed independently of a State’s ability or willingness to fulfil its own human rights obligations. Labour inspection was the duty of the State, but where it did not fulfil that role, corporations and others might temporarily fill that governance gap. In Bangladesh, such monitoring was primarily carried out by private, voluntary, confidential and non-binding systems with little state presence, and the country had experienced workplace disasters resulting in the deaths of hundreds of workers. The multi-stakeholder initiatives being implemented would help in a transition towards a governmental labour inspection system that was tripartite, mandatory and binding, instead of unilateral, voluntary and unenforceable. Such private and voluntary inspection schemes weakened efforts to build a culture of mandatory government inspection and compliance. However, the Bangladesh Accord on Fire and Building Safety was an initiative that was moving in the right direction. It included workers, unions and employers and it held both brands and local suppliers throughout the supply chain financially responsible for conditions and remedies. Moreover, the arbitration process of the initiative meant that corporations at the top of the supply chain could be held accountable. Until the country enforced its national legislation, the Accord represented a rigorous, transparent inspection and enforcement mechanism to remedy violations. Corporate due diligence had a place in facilitating labour inspection, and broader representation by unions at the local, national and global levels should also guarantee that inspections included workers at all stages to address the root causes of workplace violations. Nonetheless, the Government needed to claim leadership of the regulatory system. It could not outsource regulatory functions to corporations and others indefinitely.

The Government member of India noted with satisfaction the 2013 amendments to the Labour Act of 2006, which focused on workers’ dignity, well-being, rights and safety, as well as the wage payment system, and on transparency in trade union registration, thereby promoting trade unionism and collective bargaining. Her Government also welcomed the upgrading of the Bangladesh Labour Inspectorate, which constituted a milestone in addressing working conditions and workers’ rights and safety. She valued the role of the ILO in providing extensive assistance to the Government of Bangladesh, and to employers’ and workers’ organizations in addressing issues related to workers’ rights and safety. She underlined the obligation of all member States to respect workers’ rights and to create a climate of trust for carrying out constructive consultations on these matters. She recalled that it was a privilege of member States to formulate and promulgate policies on these subjects which were implemented with technical assistance provided by the ILO. In conclusion, her Government supported the actions taken by the Government of Bangladesh to ensure better rights for workers and welcomed any tripartite agreement in this regard.

The Worker member of Pakistan indicated that although it had been revised in 2006, the national labour legislation remained largely based on outdated legislation dating from the period of British India. The implementation of the current legislation therefore needed to be assessed with respect to the health centres, the safety committees and the inspections undertaken and sanctions imposed by the labour inspectorate. It also contained numerous gaps, especially regarding the impossibility of forming unions in EPZs, as these had been replaced by ineffective Workers’ Welfare Associations, which was unacceptable. The Government should therefore not be exclusively concerned about foreign investment in the country, but should undertake comprehensive reforms so as to ensure the compliance of its legislation with international labour standards, so that EPZs were not beyond the scope of labour legislation, but effectively contributed to the economic development of the country in compliance with workers’ fundamental rights, and not to the enrichment of a minority who took the opportunity to pay reduced wages to EPZ workers.

The Government member of the Islamic Republic of Iran welcomed the progress achieved with regard to the restructuring of the labour inspection system, as well as the recruitment of new labour inspectors to increase the quantity and the quality of labour inspections. He also welcomed the adoption of a policy on OSH. He finally supported the measures to be taken to further improve the labour inspection system. In this regard, the continued technical assistance of the ILO was important.

The Government representative indicated that due note had been taken of the discussion, and reiterated a commitment to extending the inspection architecture of the country. Following the tragic Rana Plaza incident, various steps had been taken to address the remaining challenges, and steps would continue to be taken to meet the commitments made to the international community. This included the implementation of the Global Compact for continuous improvements in labour rights. The components of this programme consisted of: undertaking building and fire safety assessments; strengthening labour inspection and supporting fire and building inspection; building OSH awareness, capacity and systems; providing rehabilitation and skills training for victims of accidents; and implementing the Better Work Programme in Bangladesh. The Office of the Chief Inspector of Factories and Establishments had been upgraded to a Department, and the post of labour inspector had been classified as a Class 1 gazetted post. The recruitment for these positions was the responsibility of a public service commission, which was working very seriously on filling the vacant posts for inspectors. With the technical assistance of the ILO, basic training had been provided to the newly recruited inspectors. Moreover, the Government was organizing on a regular basis a four-week training course under the Department of Labour, and 143 tripartite training courses had been conducted. Labour inspectors had also received training on joint problem-solving techniques, compliance with fire safety and OSH standards, and the prevention of occupational diseases. Twenty-three special inspection teams had been formed to ensure safe working conditions in factories, and a publicly accessible database had been established. Through effective social dialogue, at both the national and international levels, efforts to improve working conditions for workers in Bangladesh would continue. In conclusion, he expressed appreciation of the constructive engagement of the ILO and development partners with regard to awareness raising, capacity building and the improvement of working conditions.

The Worker members indicated that there remained serious concerns with regard to labour inspection and the enforcement of labour law in Bangladesh. Workers still had little confidence that their rights at work would be fully respected and that an effective, independent labour inspectorate would work to effectively remedy violations of these rights. Bangladesh now received substantial donor funds and benefited from technical assistance programmes, and it appeared that one of the biggest obstacles to progress remained the lack of political will to address fundamental issues, as evidenced by the failure of the Government to address most of the points of the EU Sustainability Compact or the United States roadmap. In light of the numerous problems still remaining with regard to labour inspection and of the overall environment in which workers’ rights were violated with impunity, the Worker members called on the ILO to urge the Government to meet its short-term target immediately of 200 additional inspectors and to hire and train a labour inspection force of sufficient size in relation to the workforce. The ILO should also urge the Government to: amend immediately the law governing EPZs and provide any additional technical assistance if necessary; to amend immediately the Bangladesh Labour Act in conformity with the Convention, including enhancing the enforcement powers of inspectors and increasing fines for violations; issue the regulations giving effect to the 2013 amendments to the Labour Act; and ensure that inspectors had the resources necessary to carry out their work effectively. The Worker members also asked the ILO to provide technical assistance to improve the functioning of the judiciary, so that alleged labour law violations could be addressed fairly and quickly, and to send a direct contacts mission, undertaken in time to report to the Committee of Experts in 2014, to verify that the issues raised by the Worker members and the Committee of Experts were fully addressed.

The Employer members observed that the rich discussion showed that this was an important and serious case. The discussion had emphasized the importance of labour inspection, and particularly the need to improve the capacity of labour inspection services, as well as the importance of reporting. The case was of great significance for private sector supply chains in the RMG sector. It was important to note that much progress had been made, although much remained to be done. The Employer members emphasized that the establishment of a high-level committee to develop legislation for EPZs should be a priority and that the Government should avail itself of ILO technical assistance for this purpose. They noted that the staff of the labour inspection services had been increased with the appointment of additional inspectors. However, in view of the measures that were still needed, they urged the Government to continue availing itself of ILO technical assistance, and called on the Office to provide such assistance. It was also important to acknowledge that the Government had had to ask for more time, which was perfectly understandable in the context. The Employer members acknowledge that the Government was moving in the right direction with outside help. They urged the Government to continue to request technical and financial assistance to address the many capacity and political issues to improve the application of the Convention.

Conclusions

The Committee noted the oral information provided by the Government representative and the discussion that followed concerning the need to strengthen the labour inspection system, particularly taking into account recent serious events, such as the Rana Plaza building collapse.

The Committee observed that the outstanding issues in this case concerned: the strengthening of the human capital and resources available to the labour inspectorate, including transport facilities; sufficiently dissuasive sanctions and effective enforcement mechanisms; the adoption of regulations implementing the revised Labour Act; the protection of workers in export processing zones (EPZs); the promulgation of additional amendments to the Labour Act; and the publication and communication to the ILO of an annual labour inspection report.

The Committee noted the information provided by the Government on the progress made with respect to the strengthening and restructuring of the labour inspection system, including the approval of 392 additional labour inspection posts, the recruitment of 67 additional labour inspectors, and the conduct of a number of training activities. It also noted the Government’s reference to amendments to the Labour Act in 2013, following ILO technical assistance and tripartite consultation. The Government indicated that the regulations for implementing these amendments were currently being discussed and would soon be issued. The Committee further noted the Government’s indications that a separate and comprehensive Labour Act for EPZs was currently under preparation. Furthermore, a publicly accessible database for labour inspection had recently been launched with ILO assistance.

The Committee noted the reference to the various activities and programmes being undertaken by the Government and the social partners with ILO support, as well as those being implemented with other actors, such as: a major ILO initiative (including a Better Work Programme) aimed at improving working conditions in the ready-made garment (RMG) sector; the European Union Global Sustainability Compact for Continuous Improvements in Labour Rights; the National Tripartite Plan of Action on Fire Safety and Structural Integrity; the National Technical Committee; the Accord on Fire and Building Safety; and the Alliance for Bangladesh Worker Safety.

The Committee observed that while progress had been made, much remained to be done to strengthen the implementation mechanisms for ensuring the protection of workers. It urged the Government to recruit and train, without delay, a sufficient number of labour inspectors in relation to the workforce in the country, and to proceed without further delay to the recruitment of the 200 labour inspectors as the Government had undertaken to do in 2013. It also requested the Government to: provide for necessary resources for labour inspection; bring national legislation into compliance with the requirements of the Convention, in particular with regard to labour inspection powers and dissuasive sanctions for labour law violations; and improve the relevant enforcement mechanisms.

It expressed the firm hope that the regulations implementing the Labour Act would soon be issued so as to give effect to the amendments to the Act. The Government should prioritize the amendments to the legislation governing EPZs, so as to bring the EPZs within the purview of the labour inspectorate. The Committee also emphasized the need to coordinate with ILO support the various activities and programmes undertaken by the Government, the social partners, and those being implemented with other actors.

Highlighting the need for the availability of comprehensive inspection data, the Committee requested the Government to continue its efforts to collect such data, and to ensure that annual reports on the work of labour inspection services were published and regularly communicated to the ILO. These reports should include information on all the items listed in Article 21 of the Convention, in particular on workplaces liable to inspection, the number of workers employed therein, statistics on inspection visits, industrial accidents and diseases, violations recorded and penalties imposed.

The Committee urged the Government to continue to avail itself of ILO technical assistance for the purpose of implementing the above measures and expressed the hope that this assistance would strengthen the labour inspection system and enable the Government to give full effect to the Convention in the near future. In addition, it called on the Government to take urgent measures to ensure the effective implementation, in law and in practice, of labour inspection, with emphasis on EPZs. In this regard, the Committee invited the Government to accept a direct contacts mission that should report in time for the next meeting of the Committee of Experts. The Committee further requested the Government to report to the Committee of Experts at its next meeting on the measures taken to comply with the Convention.