Cas individuel (CAS) - Discussion : 2015, Publication : 104ème session CIT (2015)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Bangladesh (Ratification: 1972)



A Government representative indicated that trade unions were protected under the Bangladesh Labour Act, 2006 as amended in 2013, and that acts of discrimination against trade unions were subject to legal action. In accordance with the Labour Act, the Department of Labour received complaints and dealt with them in due time. Between January and April 2015, a total number of 182 complaints had been brought before the Department of Labour, all of which had been investigated, 177 settled and five had been filed as criminal cases. In addition, in March 2015 a telephone helpline had been launched, initially to enable the workers in the Ashulia area to present their claims. This telephone line would be expanded to be operational nationwide. With regard to export processing zones (EPZs), 60 counsellors and inspectors were engaged to deal with labour disputes. Furthermore, EPZ labour courts had been created in 2011, before which 160 cases had been brought, of which 70 had been settled. Referring to the allegations of harassment against trade unionists and trade union leaders, he indicated that in 2012 a case of homicide against a trade unionist had been referred for investigation to the Criminal Investigation Department (CID). The Government had brought this case under the ambit of “sensitive cases” to ensure its regular monitoring and expeditious trial. Turning to the registration of trade unions, he indicated that 7,495 trade unions were registered with the Department of Labour. The amendment of the Labour Act in 2013 had given rise to a significant number of registrations of trade unions. Moreover, the Department of Labour had established an online registration system in order to simplify the process of registration. With regard to the process of the amendments to the Labour Act, which encompassed 83 provisions, he explained that the modifications introduced were the result of a tripartite consultative process, with the technical assistance provided by the ILO. The major amendments of the Labour Act were: the abolition of the provisions providing for the submission of the list of workers to the factory management before creating a trade union; the incorporation of a provision for the formation of workers’ participatory committees through direct election by workers; the incorporation of a provision for obtaining support from external experts for collective bargaining; as well as the strengthening of a provision on workers’ safety. Following the adoption of the amendments to the Labour Act, the Government had undertaken the formulation of implementing regulations and ordinances. To this effect, intensive consultations had been held between April and May 2015 with the social partners. The Draft Regulations had subsequently been submitted to the Tripartite Consultative Council (TCC) on 2 June 2015, which had discussed them and reached consensus on their content. The Draft Regulations were now being sent to the Ministry of Law, Justice and Parliamentary Affairs for vetting and publication in the Gazette. In addition, he indicated that the Industrial Relations Rules, 1977, had been repealed and were therefore no longer applicable. With regard to the elaboration of a comprehensive EPZ Labour Act, he indicated that it had been drafted, and consultations on the draft EPZ Labour Act had been held with the workers’ representatives of EPZs, investors and other relevant stakeholders. The opinions expressed during the consultations had been addressed as far as possible in the light of the relevant ILO Conventions. The draft EPZ Labour Act had been adopted by the Cabinet in July 2014 and subsequently sent to the Ministry of Law, Justice and Parliamentary Affairs for vetting and submission to Parliament for adoption. In order to safeguard the right of freedom of association the Government, had also focused on strengthening institutional capacity building. To this effect, the Department of Inspection for Factories and Establishments had been provided with more staff and the number of staff had risen to 993. Recently, the Government had recruited 222 inspectors, bringing the number of inspectors to 279. In parallel, the budget for the Department of Inspection for Factories and Establishments had been increased by nearly four times and 23 new district offices had been established. In conclusion, he gave assurances of the Government to commitment to international labour standards and expressed his appreciation for the constructive engagement of the ILO to promote labour rights through technical cooperation. The Government expressed its commitment to continue its efforts to promote freedom of association through social dialogue and effective cooperation of both the national and international levels.

The Worker members recalled the recent second anniversary of the collapse of the Rana Plaza factory and noted that some progress had been made, particularly with regard to inspections relating to building and fire safety, but regretted that such progress was almost exclusively attributable to private initiatives. Very much work nevertheless remained to be done to protect freedom of association and to ensure respect of the law. It remained extremely difficult for workers to exercise their right to freedom of association in Bangladesh, which suggested that the improvements achieved in the area of building and fire safety and other working conditions might not be lasting. With regard to legislation, the amendments introduced in 2013 to the Labour Act fell far short of conforming with international standards relating to freedom of association and collective bargaining, in particular with respect to: the establishment of an excessively high threshold for membership for forming a union; the restriction on the right to elect representatives in full freedom; the numerous restrictions on the right to strike; and the broad administrative powers that allowed for, inter alia, cancellation of trade union registration. In 2015, the Committee of Experts had regretted that no further amendments had been adopted and had called on the Government to make significant progress in that regard. The European Union and the United States, both signatories to the Sustainability Compact, had also insisted on a new series of amendments to the Labour Act. The information provided by the Government on these points should be verified as, despite its reiterated promises, the Government had still not published the new implementing regulations relating to the 2013 Labour Act, thereby jeopardizing the transition to a sustainable ready-made garment (RMG) industry.

Over 400,000 workers were employed in the production of garments and shoes in EPZs, from which trade unions were prohibited and where only workers’ associations, which did not have the same rights or guarantees, could be established. Although the authorities in EPZs maintained that collective bargaining was authorized, it did not exist in practice and many union leaders had been dismissed with impunity in retaliation for having asserted their few rights as workers. In 2014, the Cabinet had adopted a new draft law on EPZs, which had not yet been promulgated, and which continued to prohibit workers from establishing trade unions, while providing for workers’ associations as the only means of engaging in employment relations, and prohibiting these associations from contacting non-governmental organizations. Furthermore, the RMG industry in Bangladesh was beset by a climate of anti-trade union violence, and impunity, with certain cases of beatings, some of which resulted in hospitalization, and the dismissal of entire trade union councils. The labour inspectorate and the police continued to fail to respond to these acts in due time and none of the workers were reinstated following these flagrant violations. Trade union leaders and activists from a major enterprise in the RMG sector had been the subject of extremely brutal anti-trade union attacks, as demonstrated by surveillance videos. These attacks had happened after the management had dismissed the trade union leaders and members, and had refused to engage in any dialogue on the pretext that the trade unions’ sole intention was to destroy the industry. Investigations had concluded that the attacks had been carried out on the orders of the factory management. After having been harassed by the national intelligence services and the police, the trade union had been forced to accept a settlement, which had only been offered because it had been a headline story in The New York Times and owing to pressure from foreign clients of the enterprise. Moreover, little progress had been made in the investigation into the murder of Aminul Islam in 2012, and the Government should once again be called on to resume the investigation with a view to punishing the perpetrators.

With regard to trade union registration, it should be noted that approximately 300 new organizations had been listed since 2013, even though the long-standing official government policy was to automatically reject all trade union registration applications in the textile and garment sector. However, these new organizations, represented only a very small proportion of the predominantly women workers in the sector, which was estimated at more than 4 million workers. Around 40 of these new trade unions had been targeted in anti-union attacks, and a similar number no longer existed following factory closures. Almost a third of the new trade unions registered since 2013 no longer existed. Furthermore, the number of registration applications that were rejected was in fact on the rise, of 26 per cent in 2014 compared with 18 per cent in 2013. Moreover, a significant number of applications were left in suspense well beyond the 60-day time limit and no database was in place to monitor the processing of these registration applications. Ultimately, approvals of applications for registration were at the total discretion of the Joint Director of Labour, who in some cases refused to accept the application even if all the requested information had been provided. This body had also reportedly received the order for a blanket rejection of all applications from the three independent trade union federations from the garment industry, on the pretext of their links with international organizations. In conclusion, the Worker members expressed their deep concern at the statements made by several high-level Government representatives with regard to workers. They cited the example of the Dhaka Apparel Summit in 2014, where the Prime Minister had warned that national or foreign critics of working conditions in Bangladesh were involved in a conspiracy against the textile and garment industry, and that of the Minister of Trade who had accused the trade unions of providing foreign governments with sensitive information on the situation of workers in Bangladesh, and calling for measures to be taken against them. The Government would gain in stature if it addressed challenges rather than threatening those who took action to defend the interests of workers.

The Employer members observed that the case comprised four main aspects, namely: the lack of investigation and results relating to violence and harassment of trade unionists; the slow progress in the registration of trade unions and the requirement to meet a minimum membership of 30 per cent of the total number of workers employed in the establishment or group of establishments for initial or continued union registration; the need for consultation with the social partners over proposed changes to the Labour Act, which contained many provisions relating to matters concerning freedom of association; and the complaints of restrictions and harassment of attempts to organize workers in EPZs. They noted that the Government was committed to complying with international labour standards. However, it was important to put the case into perspective and for it to be examined taking due note of its context. Recent changes emanated from the outcomes of the assessments made on the grounds of incidents such as the Rana Plaza disaster and many of the changes affected a relatively new and rapidly growing RMG sector. While significant changes were required, they observed that some of the issues of the case were related to frustration with the progress made, rather than the rejection of the need for change. They added that it was also important to ensure that matters were dealt with in the right jurisdiction. With regard to cases of violence and harassment, there had been numerous complaints alleging violence against, and harassment of, unionists since 2012, including the homicide of a trade unionist in 2012. The examination of such cases had to be carried out taking into consideration their context. It was common that RMG factories shared spaces in the same building or adjacent buildings, and in the event of industrial dispute in one factory, workers in other factories joined in the demonstrations, which frequently resulted in violence. Hence there was a demarcation line between labour disputes and public protests. The latter had to be dealt with by criminal law. Turning to the right to organize, elect officers and carry out trade union activities freely, the Employer members acknowledged the widespread union concern over an alleged refusal to register unions in several sectors. They noted, however, that 7,222 trade unions were registered in the country and that in the last three years over 700 registrations had been recorded. They considered that these data did not indicate an opposition to the establishment of trade unions. The issue appeared to be more related to the efficiency of processing applications for registration. Turning to the legislative reforms, they needed to be placed in the context of the Rana Plaza disaster. Many changes had already been made, particularly in the area of occupational safety and health. The Government had indicated that the process leading to the amendments to the Labour Act had been based on extensive tripartite consultations. In addition, supplementary regulations to implement the Labour Act, as amended, were under preparation. As to the requirement to meet a minimum membership of 30 per cent of the total number of workers employed in the establishment or group of establishments for initial or continued union registration, they noted that such restrictions were not unusual, nor prohibited. In this regard, the Employer members expressed concern at the opinion of the Committee of Experts which considered that the establishment of threshold limits for the formation of unions interfered with the workers’ right to form organizations of their choosing. In the view of the Employer members, taking into consideration the national context, a proliferation of trade unions could be counter-productive to the development of healthy industrial relations and economic growth. Moreover, in many countries the threshold limits for the formation of unions were even higher. As to the right to form federations, the Employer members acknowledged the comment made by the Committee of Experts requesting the Government to review the relevant provisions so as to ensure that the requirement of the minimum number of trade unions to form a federation did not infringe the workers’ right to form federations. To this end, considerations on the practicability of making such provisions operational should be taken into account. Turning to the right to organize in EPZs, they noted that EPZs were common mechanisms to stimulate economic growth by attracting foreign investment. The rules governing EPZs should comply with the labour standards ratified by the host countries of the EPZ. For this purpose, Bangladesh had established an Export Processing Zone Authority (BEPZA) which reported on the manner in which EPZ Workers’ Welfare Associations and Industrial Relations Act, 2010, was applied. The Government had indicated that the BEPZA would consider the comments made by the Committee of Experts and the need for any changes in the light of the experience accumulated. Moreover, based on the discussions held by the Conference Committee in 2013, the Government had expressed its intention to work with the ILO on how EPZ workers could be brought into the scope of application of the national labour law to ensure freedom of association, the right to collective bargaining and other matters concerning labour standards. In addition, a high-level committee had been created to examine and prepare a separate and comprehensive labour law as an international standard for EPZ workers. The work of this committee was ongoing. In conclusion, the Employer members considered that the process was complex and not easy. The Government should therefore avail itself of ILO technical assistance aimed at ensuring that workers in EPZs were fully guaranteed their rights under the Convention.

The Worker member of Bangladesh emphasized that about 88 per cent of the workforce in the country was employed in the informal sector. She indicated that many of the industries in Bangladesh, such as the textile, steel and jute industries, had been closed. The closure of the factories had in effect reduced the activities of some of trade union federations and some trade unions had become inactive. The RMG sectors had evolved in the 1980s and now provided employment for about 4 million workers, of which 85 per cent were women from rural areas. These workers were not aware of any rights and were insufficiently paid, with a minimum wage of 3,000 Bangladesh Taka (BDT) since 2010, and an increased amount of BDT5,300 in 2013. While recalling the Rana Plaza collapse and the Tazreen fire incident which had caused the deaths of over 1,200 RMG workers, she appreciated the national and international initiatives to ensure safety at the workplace. While acknowledging that with the massive training under the ILO initiative, the number of trade unions in this sector had increased from 115 in 2012 to the present 450 trade unions, she regretted that this was still not sufficient in relation to the number of factories. However, despite this increase, cancellation of the registration of trade unions by the Department of Labour appeared to discourage the workers from uniting. The trade union movement in Bangladesh had always been fighting for protection from harassment by some employers who, being unaware of the benefits of trade unions, resorted to harassment of trade union leaders. Referring to their active protest against the Government, which had resulted in the withdrawal of cases filed against three trade union leaders, she called on the Government to take the necessary measures against such unfair labour practices and requested the ILO to exert pressure on the Government in this regard. Although the 2013 amendment of the Labour Act had brought about some positive changes, there still remained provisions which were not labour-friendly, such as the requirement of support from 30 per cent of workers for the establishment of trade unions. She urged the Government to initiate further amendments to the Labour Act covering the informal economy and to adopt and publish the regulations under the Labour Act without delay, as well as to take the necessary measures for their proper enforcement. In addition, the EPZ Labour Act, which had been approved by the Cabinet in 2014, needed to be adopted without delay in order to uphold workers’ rights in EPZs. There had not been any visible progress in the trial related to the murder of the RMG trade union leader in 2012. The Government should complete the trial on a priority basis and ensure exemplary punishment. She emphasized the necessity for a free, fair and responsible trade union movement which would not only ensure workers’ rights, but also sustainable industrial development through increased production. She expressed the hope that the Government would ensure effective social dialogue to achieve these goals. Lastly, she requested the ILO to continue providing technical assistance for capacity building of the trade union movement in Bangladesh.

The Government member of Latvia, speaking on behalf of the European Union (EU) and its Members States, as well as Montenegro, Serbia, Albania, the Republic of Moldova and Armenia, noted the progress achieved in trade union registration, in particular in the RMG sector since the amendment of the Labour Act in 2013. The Government should continue to ensure that union registration processes were concluded in a timely manner and in accordance with due process, strengthening administrative capacities to this end. In this regard, the Government should continue to provide detailed information and statistics on the registration of trade unions. Moreover, it should guarantee effective, expedient and transparent investigation and prosecution of cases of violence and harassment against trade unions and workers’ representatives. With respect to the Labour Act, the Government should take measures as a matter of urgency to adopt implementing regulations and to amend the provisions requiring a minimum membership threshold of 30 per cent of the total number of workers employed to register a trade union, as well as the requirement of at least five trade unions to form a federation. She also urged the Government to hold full consultations with the social partners in order to elaborate new legislation for EPZs in conformity with the Convention so that workers could enjoy full freedom of association and collective bargaining rights. In conclusion, she expressed renewed commitment to continue intensive cooperation with the Government in the framework of the Sustainability Compact, to which Bangladesh and the EU were signatories.

The Government member of Switzerland indicated that his Government endorsed the statement made on behalf of the Member States of the EU.

The Employer member of Bangladesh, referring to the comments made by the Committee of Experts, said that many of the RMG factories either shared space in the same building, in adjacent buildings or were in close proximity to other factories. Consequently, when an industrial dispute arose in one factory, workers in several factories came out on the streets, joined by outsiders, which resulted in violence, vandalism and public disorder. On such occasions, the Government had to deal with the situation under criminal law, rather than labour law. He deplored any incident wherein anyone, be it a worker, employer or trade union leader, was hurt or killed in such violence. With regard to the registration of trade unions, the earlier requirement of sending the list to the management with the names of workers who wanted to form a union had been eliminated. He argued that any change in the threshold for registration of unions, as well as federations, would result in a proliferation of unions and federations which would be counter-productive to healthy industrial relations and economic growth. He indicated that this threshold was much higher in many countries. Consultations with the social partners over proposed changes to the labour legislation had been ongoing, while a draft EPZ Labour Act had been prepared based on consultations and sent to the Ministry of Law, Justice and Parliamentary Affairs for vetting. Recognizing the activities of the ILO to promote decent work and productive employment opportunities for men and women in Bangladesh, as well as to enhance working conditions and labour rights, he hoped that with time progress would be made.

The Worker member of the United States said that registration was the first step in the long process of building organizations for workers to exercise freedom of association and an industrial relations system that would be needed to advance decent work. He alleged that the Government was doing little to support this process, despite being required to do so by the Convention, despite its stated desire to consolidate its role as a major actor in the global RMG sector and despite considerable support from the international community in this sector, since the Rana Plaza disaster. Although, this would take time, the State must promote and facilitate this process which would lead to mature industrial relations and a sustainable economy. The inadequate measures and persistent delays in issuing the implementing regulations to the amended Labour Act was a matter of concern. In addition, he expressed concern that the draft of the proposed regulations did not clearly and objectively define the procedure and criteria to be followed for scrutinizing documents while processing applications. Apparently the Registrar of Trade Unions maintained broad discretionary powers. Moreover, the provision requiring all unions to renew their registration every three years could be used to exert pressure on workers’ organizations and bargaining rights. The problematic registration rules, coupled with the Government’s poor union registration practices, had led to increased rejection of union applications at a disturbing rate. The reasons provided by the Government for rejecting unions ranged from the questionable to the absurd, and included: the refusal to let government inspectors enter the factory to investigate; allegations that payroll signatures did not exactly match those on union membership forms; government inspectors’ claim that they could not find the union office even when the same officers had previously visited the same union office; and interviews of workers about their union activity by government inspectors in the presence of the management, which had previously threatened and intimidated them. The online registration process had also failed to operate efficiently. In 2015, rejections outnumbered registrations by 31 to 26. He concluded that the Government had shown neither the political will nor a culture of facilitating the access of workers to freedom of association.

The Government member of Norway, also speaking on behalf of Iceland, emphasized that freedom of association was the foundation for other democratic rights and that trade union activities should not be unjustifiably curtailed. Moreover, trade unionists should under no circumstance face intimidation, violence or harassment. While investigations of complaints and progress in the registration of trade unions were to be welcomed, two years after the Rana Plaza tragedy concerns remained, with regard to working conditions in the country. Moreover, trade unions and workers continued to face obstacles in the enjoyment of freedom of association, particularly with respect to delays in registration and the high membership threshold to form trade unions. The Government should act expeditiously and decisively to investigate, prosecute and convict those responsible for violence and harassment against trade unionists and to ensure adequate protection of trade union representatives and members. While recognizing the significance of the RMG industry to the economy, she emphasized that the implementation of the Decent Work Agenda, including freedom of association, occupational safety and health, and decent wages was essential to ensure inclusive economic development in the long run. The Government should collaborate with the social partners, producers and buyers to take measures to ensure responsible supply chains in line with ILO standards and the principles of corporate social responsibility. In conclusion, she invited the Government to avail itself of ILO technical assistance.

An observer representing IndustriALL said that Bangladesh was monitored regularly by the supervisory bodies of the ILO in relation to the violence of the factory management against trade unionists and impunity of the persons responsible for such acts of violence and harassment. The Government had not made serious efforts to bring the perpetrators to court and the measures adopted up to now had been far too slow. She emphasized that cases of reinstatement of workers had only occurred as a result of international pressure, and not at the initiative of the Government. She gave several examples illustrating the widespread violence against trade unionists. She emphasized that the brutal attacks against trade unionists must end. The Government could not claim that progress was being made while failing to take significant measures to bring an end to violence and the impunity of the persons responsible for such acts.

The Employer member of South Africa recalled that the recent results obtained in terms of legislation demonstrated that tripartism should continue to play a major role in labour law reform and called upon the social partners to continue to engage in social dialogue in order to address all the issues arising in the country. If the majority of problems relating to the right to strike and freedom of association were discussed constructively in the appropriate places, they would be resolved quickly. Condemning violence against trade unionists, he called on the Government to resolve the issue through law enforcement.

The Government member of Qatar took note of the information provided by the Government representative and encouraged the Government to pursue its efforts to give effect to its obligations under the Convention. The ILO should also continue providing technical assistance to Bangladesh to promote the rights of workers. The conclusions of the Committee should reflect the efforts made by the Government.

An observer representing the International Transport Workers’ Federation welcomed some of the amendments to the Labour Act adopted in 2013, while expressing disappointment as the reforms fell well short of the requirements of the Convention. The adoption of the Labour Act in 2006 had been a backward step. The Committee of Experts had stated in 2007 that the new Act did not contain any improvements in relation to the previous legislation and in certain regards contained even further restrictions which run counter to the provisions of the Convention. It was therefore of great concern that the vast majority of the comments of the Committee of Experts had been disregarded by the Government. It was important to note, among other things, that there continued to be excessive limits on the right to strike and numerous restrictions on organizing, including in civil aviation and seafaring. For registration purposes, workers were still obliged to meet the minimum membership requirement of 30 per cent of the total number of workers employed in an establishment or group of establishments, which was a clear violation of Article 2 of the Convention. Referring to specific examples of violations of freedom of association as a result of restrictive labour laws, he indicated that in 2010, 13 dockworkers’ unions at the port of Chittagong had been dissolved following the disbandment of the Dock Workers Management Board under section 263(A) of the Labour Act. This had also been made possible by the Bangladesh Labour (Amendment) Ordinance 2008, under which only one trade union organization was permitted at this port. As the sole trade union existing at the port of Chittagong organized only permanent employees, subcontracted workers, as well as security personnel, firefighters and other workers had no trade union representation. While there were several registered unions in the civil aviation sector, this was only possible because the Labour Act allowed registration of aviation unions which first affiliated to specialist international organizations. Clearly, small unions with limited financial means could not always afford to affiliate to such organizations, making this a de facto restrictive requirement for registration. He urged the Government to take the necessary measures to amend the provisions of the Labour Act without delay in accordance with the comments of the Committee of Experts.

The Government member of Canada commended the Government of Bangladesh on the progress made to improve the working conditions in the RMG sector, but emphasized that more work remained to be done to achieve change in this important sector and to advance women’s empowerment. While freedom of association and the right to organize needed to be further strengthened in the RMG sector, these rights also needed to be extended to other sectors of the economy, including EPZs. Furthermore, recalling the need to ensure a more open and transparent environment in which trade unions and workers’ federations could freely and effectively fulfil their roles, he expressed concern at the ongoing violence taking place in the country against trade unionists and urged the Government to apply a policy of zero tolerance against such practices. He called on the Government to amend the Labour Act in certain fundamental areas, in consultation with the social partners, in order to bring it into conformity with the Convention. Finally, he expressed the commitment of his Government to work with all stakeholders to improve safety and workers’ rights in Bangladesh, particularly in the RMG sector.

The Worker member of the United Kingdom, noting that the Labour Act had serious flaws, recalled that Bangladeshi workers had been waiting almost two years for the adoption of its implementing regulations. There had been repeated promises, but no definitive action. The failure to issue those rules had jeopardized the transition to a sustainable garment industry and more mature industrial relations. The ILO Better Work programme and the training programme under the Bangladesh Accord depended on the adoption of those rules and regulations. At the factory level, the absence of the regulations meant that even where workers and employers wanted to set up representative systems and safety committees, they could not do so. International bodies had called on the Government to finalize the rules. On the second anniversary of the Rana Plaza tragedy on 28 April this year, the European Parliament had noted the importance of finalizing and implementing the rules without delay. While the rules should enhance labour rights and comply with core labour standards, the draft contained several significant shortcomings. Firstly, it did not set a procedure for the Department of Labour to deal with unfair labour practice complaints by workers. In the absence of strict deadlines to investigate and prosecute cases, the Department of Labour simply had not, and would not, respond effectively to address violations of labour legislation by employers. Secondly, the draft rules did not include any procedure for the registration of trade unions, and therefore permitted a situation in which the Registrar continued to enjoy “discretionary powers” which had been used to deny numerous applications for absurd reasons or for no reasons at all. Finally, in the absence of a trade union or a participation committee, the rules allowed for the Inspector General to nominate safety committee representatives. This might have serious consequences for the independence of safety committees, allowing interference by employers in the selection of representatives and in their functioning. These substantial failings needed to be addressed without delay.

The Government member of Nepal thanked the Government for the information provided on the legislative reforms (including the amendments to the Labour Act of 2006, the finalized draft regulations for its implementation, and the review of the legislation applicable in EPZs), as well as on the situation in the country concerning the application of the Convention. These reforms were to be commended as a means of improving the protection of labour rights, and the Government was encouraged to continue in this vein.

The Worker member of the Republic of Korea expressed deep concern that freedom of association was not fully guaranteed in the country. Supporting the comments made by the Committee of Experts in this regard, she emphasized the urgency of the adoption of new legislation applicable to EPZs. While the Cabinet had tabled a draft EPZ Labour Act to replace the EPZ Workers’ Welfare Associations and Industrial Relations Act 2010, this Act had been elaborated without the consultation of workers’ representatives and did nothing to address the concerns that had been raised in relation to the application of the Convention. In accordance with the existing and the draft legislation, it was impossible for workers in EPZs to establish trade unions. Workers’ welfare associations (WWAs) could not be considered as workers’ organizations within the meaning of the Convention, as they were heavily controlled by the BEPZA, which included the control of the procedure for their establishment, including a referendum of workers. However, in most cases, WWA leaders were determined by the employer and workers did not even know who represented them. Where these leaders tried to exercise the right to collective bargaining, they might easily be dismissed. She also referred to the example of the privately run Korean Export Processing Zone (KEPZ) established by a Korean manufacturer of garments and shoes. As there was no clarity in terms of applicable laws, the employer applied the law that suited him best, resulting in the payment of the national minimum wage that was lower than the one in EPZs, but also in the banning of trade unions in accordance with the law applicable in EPZs. She supported the request by the Committee of Experts for the Government to engage in full consultation with national workers’ and employers’ organizations with a view to elaborating new legislation for EPZs that was in full conformity with the Convention.

The Government member of the United States recalled the link between freedom of association and the ability of workers to contribute to their own safety at work. Progress had been made towards protecting freedom of association in Bangladesh over the last two years, particularly in the RMG sector, where hundreds of new independent unions had begun to engage in collective bargaining with enterprise management. However, progress was still at a very early stage. In particular, the right of freedom of association continued to be threatened as only weak protections existed in practice. This was reflected, among others, in the increased rate of arbitrary union registration refusals and instances of violence and retaliation against trade unionists without a meaningful government response. There was an opportunity to address some of the long-lasting concerns raised by the ILO supervisory bodies by adopting appropriate and meaningful regulations of the Labour Act. Nevertheless, the recent draft of implementing rules raised serious concerns. She urged the Government to issue implementing rules that complied with ILO Conventions and incorporated inputs from stakeholders, such as the need for transparent and democratic elections of workers’ representatives to participation and safety committees; the provision of fast and effective protection against retaliation and unfair labour practices; and support for the registration of independent unions avoiding the establishment of additional bureaucratic hurdles. Recalling that efforts by the EPZ Authority to attract and retain investments should not sacrifice the obligation to ensure workers’ rights and safety, she also encouraged the Government to pass legislation, in consultation with the social partners, to ensure EPZ workers the right of freedom of association fully in line with the Convention. Finally, she urged the Government to take strong measures to end violence against and the intimidation of trade unionists, and to conduct full and thorough investigations of outstanding cases, as these would threaten not only the fragile progress but also the country’s industrial relations in the years to come. Her Government remained committed to its partnership with the Government of Bangladesh to improve respect for workers’ rights.

The Government member of Indonesia recalled that over 7,000 trade unions had been registered in Bangladesh, including around 300 over the past two years, and he commended the Government for the reforms adopted, including the 2013 amendments of the Labour Act 2006, in consultation with the social partners. He hoped that the implementing rules would be adopted in the near future. He noted with satisfaction the steps taken by the Government to comply with the Convention in EPZs through the designation of eight labour courts competent for labour disputes and the recognition of the exercise of the right to collective bargaining and the right to strike of WWAs. Finally, he invited the Government, in cooperation with the ILO, to make all necessary efforts to address the challenges faced by Bangladeshi workers through the implementation of the Convention and the promotion of a better working environment in the country.

The Government representative indicated that the constructive comments made during the discussion would be very useful in the promotion of freedom of association and other workers’ rights in different sectors. Concerning the allegations of harassment of trade unionists, notably in the RMG sector, he said that the Government had addressed all reported violations of labour standards. Law enforcement activities had been necessary to restore public order, but had neither been aimed at disrupting trade union activities nor at harassing trade unionists. Registration of trade unions was an important issue and it was very important to raise awareness among workers of their rights and responsibilities, including the creation and functioning of trade unions. Since 2013, some 2,752 trade unionists had been trained in the area of freedom of association in the four institutes of industrial relations of the Department of Labour. Training had also been carried out for more than 3,175 participants in programmes supported by the ILO and other partners. In 2014, an awareness-raising campaign in EPZs had been organized by the BEPZA for elected members of WWAs on numerous issues, including occupational safety and health, industrial relations and grievance handling. He added that WWAs were guaranteed rights relating to collective bargaining and the right to strike. All information on trade union registration was accessible to the public and a user-friendly website was being developed to further facilitate this. Trade unions and workers were given the opportunity to seek redress against anti-union acts. The main reasons for refusal of the 46 applications for redress concerning the non-registration of trade unions filed in January 2015 included: the failure to inform the committees of the creation of the proposed unions; the late submission of applications; and the non-submission of application or identity cards of workers. In the case of the 29 applications for redress in the same month concerning anti-union discrimination, 18 had been successful, five concerned unfair labour practices, and nine had been rejected as the relevant requirements had not been fulfilled. In conclusion, he said that the process of the adoption of the rules implementing the Labour Act would be completed on a priority basis and that the Government was committed to promoting freedom of association of workers, as enshrined in the relevant Conventions.

The Worker members emphasized that both the observation of the Committee of Experts and the information supplied to the Conference Committee highlighted the abuse suffered by the workers of Bangladesh, in the form of poor conditions of work, inadequate wages or anti-union aggression. By insinuating that certain collective actions had been instigated by “thugs”, the Government had sent out the wrong signal. Despite the support and goodwill of the international community in the wake of the Rana Plaza tragedy, the Government had not taken the necessary steps to ensure respect for freedom of association. As a result, the United States had removed Bangladesh from the system of trade preferences. In April 2015, the European Union, through the European Parliament and the European Commission, had expressed concern at the lack of progress made by Bangladesh with regard to freedom of association. The increase in the number of trade unions registered during the previous two years in the RMG industry was positive, but not sufficient in itself, especially bearing in mind that nearly 100 trade unions had ceased to exist as a result of either anti-union practices or factory closures. The Government had also announced the drafting of rules to implement the Labour Act, but they had still not been adopted. The draft rules also appeared to contain problematic provisions. Moreover, the Government, police and the labour inspectorate often remained passive in the face of anti-union discrimination, threats and the violence committed against trade unionists. Such impunity sent out the wrong signal. In 2014, the Committee had asked the Government, as part of the examination of the application of the Labour Inspection Convention, 1947 (No. 81), to prioritize the amendments to the legislation governing EPZs so as to bring EPZs within the purview of the labour inspectorate. The Government had disregarded those conclusions, since it had not taken any measures in that regard. In conclusion, the Worker members recalled the gravity of the situation and asked for a strong signal to be sent to the Government. A high-level tripartite mission should be conducted to convince the Government that it was essential for it to take the necessary steps to ensure freedom of association in law and in practice. Accordingly, the Government should: adopt and apply the implementing rules of the Labour Act, taking account of the issues raised by the workers that might compromise the exercise of freedom of association; amend the Labour Act to ensure its conformity with the Convention; secure to workers in EPZs the right to freedom of association; investigate all acts of anti-union discrimination, ensure the reinstatement of workers dismissed illegally and impose the appropriate penalties; and ensure that applications for trade union registration were processed quickly and accepted unless they failed to meet the objective criteria established by the legislation.

The Employer members said that the contributions made during the discussions had been helpful. Firstly, it should be made clear that all cases of violence and harassment should be investigated and the relevant procedures should be carried out expeditiously and fairly. In relation to the reform of the legislation respecting EPZs, it should be noted that changes were being made and even if many of those adopted following the Rana Plaza incident in 2013 were comprehensive, a number of aspects were yet unsatisfactory. The Employer members recalled the terms of Article 8 of the Convention, which provided that: “In exercising the rights provided for in this Convention workers and employers and their respective organisations, like other persons or organised collectivities, shall respect the law of the land”; and “The law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in this Convention”. It was important to recall that the whole Convention predicated on the fact that, irrespective of its principles, the reality of national law had to be taken into consideration. While it had been decided in the February 2015 tripartite meeting not to address the issue of the right to strike, which the Employer members considered as a matter of national law, it should be recalled that everything in the Convention was subject to the law of the land, as indicated in Article 8. When assessing the application of the Convention, a right balance needed to be struck to consider whether a situation infringed or supported the principles of the Convention. It would be useful for the ILO to provide assistance to Bangladesh in the process of reviewing its legislation, including the Labour Act and the EPZ Act, so that the overall outcomes, as provided for in the Convention, could be achieved and a distinction made between lawful industrial activities and public disorder. For the sake of decent work, dignity and absolute clarity, the balance between the law of the land and principles had to be respected.

Conclusions

The Committee took note of the statements made by the Government representative and the discussion that ensued. The Committee noted that the outstanding issues raised by the Committee of Experts concerned numerous allegations of violence and reported harassment of trade unionists and trade union leaders and the absence of progress in investigations; delay in registration of new trade unions; the need to ensure freedom of association rights to workers in export processing zones (EPZs); and continued obstacles to the full exercise of freedom of association created by several provisions of the 2006 Bangladesh Labour Act.

The Committee noted the information provided by the Government that two suspects have been identified in the trade union leader murder case. They are still at large but the case has been classified as a sensitive one to ensure regular monitoring and an expeditious trial. The Government stated that 182 complaints of unfair labour practices were received during the period between 1 January and 30 April 2015, 177 of which were settled and criminal cases filed with respect to five. A helpline for workers was established on 15 March 2015 and is expected to improve transparency and governance in dealing with complaints. The Government indicated that 7,495 trade unions and 172 federations were now registered, with a total of 450 trade unions in the ready-made garment sector, and an online registration system has been introduced to ease the registration process. A website has been developed for disseminating reports on registration and is being made more user-friendly. After adoption of the BLA amendments in 2013, the Government acknowledged that the major task incumbent on it was the formulation of the corresponding rules which has required time and several rounds of consultations. The rules, following discussion and consensus in the Tripartite Consultative Council, were now being sent to the Ministry of Law for vetting prior to publication as a Gazette notification. Similarly, the draft Bangladesh EPZ Labour Act was sent to the Ministry of Law for vetting. The Government was engaged in awareness and capacity building to ensure freedom of association through effective trade unionism to over 2,700 worker leaders since 2013. The Government concluded by expressing its appreciation for the constructive engagement of the ILO and development partners in promoting rights at work.

The Committee takes note that the rules to implement the 2013 Labour Act are now two years overdue, while also taking note of the information from the Government that the rules have been drafted and are expected to be enacted shortly. The Committee recalls that it has previously called on the Government to ensure that workers in EPZs are able to exercise freedom of association in law and in practice and once again calls on the Government to pass legislation which guarantees to workers in EPZs the rights protected by Convention No. 87. The Committee also takes note that the Committee of Experts regret that no further amendments have been made to the BLA. Finally, the Committee takes note of reports of anti-union discrimination, including acts of violence and dismissals.

Taking into consideration the discussion, the Committee urged the Government to:

• undertake amendments to the 2013 Labour Act to address the issues relating to freedom of association and collective bargaining identified by the ILO Committee of Experts, paying particular attention to the priorities identified by the social partners;
• ensure that the law governing the EPZs allows for full freedom of association, including to form trade unions and to associate with trade unions outside of the EPZs;
• investigate as a matter of urgency all acts of anti-union discrimination, ensure the reinstatement of those illegally dismissed, and impose fines or criminal sanctions (particularly in cases of violence against trade unionists) according to the law; and finally
• ensure that applications for union registration are acted upon expeditiously and are not denied unless they fail to meet clear and objective criteria set forth in the law.

The Committee urges the Government to accept a high-level tripartite mission this year to ensure compliance with the recommendations.