Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Bangladesh (Ratification: 1972)

The Committee notes the observations of the Trade Union’s International Labour Standards Committee (TU-ILS Committee), received on 11 October 2024 and the Bangladesh Employers’ Federation (BEF) communicated with the Government’s report.

Article 1(a) of the Convention. Sanctions involving an obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. Penal Code. The Committee previously noted section 124A of the Penal Code, which provides that whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the Government established by law shall be punished with imprisonment for life or any shorter term, to which a fine may be added; or with imprisonment which may extend to three years, to which a fine may be added; or with a fine. The Committee observed that, rigorous imprisonment and imprisonment for life involve compulsory hard labour, while simple imprisonment does not involve an obligation to work (section 53). The Committee observed that, by referring to “incitement to contempt or disaffection towards the Government”, section 124A of the Penal Code is worded in terms broad enough to lend itself to application as a means of punishment for the expression of views, and insofar as it is enforceable with sanctions involving compulsory labour, it falls within the scope of the Convention. 

The Committee notes the Government’s information in its report that no penalties involving life imprisonment with compulsory labour have been handed down for cases under section 124A of the Penal Code. The Committee notes that, according to the United Nations Human Rights Office Fact-Finding Report on Human Rights Violations and Abuses related to the Protests of July and August 2024, mass arbitrary arrests and detention without due process, of peaceful protesters and their leaders, members and leaders of political parties, university and college students, bystanders, teachers and daily wage workers were documented between 15 July and 5 August. Several laws, including the Penal Code, were used to bring charges aimed at intimidating and silencing journalists, human rights defenders and political opposition activists, among others. However, the Fact-Finding Report noted a reported announcement by the Interim Government indicating that it had adopted an order on 14 October 2024, according to which “students and citizens who put forth all efforts to make this uprising successful will not face prosecution, arrest or harassment for their acts between July 15 and August 8”. While noting this information, the Committee must express its concern that the provisions under section 124A of the Penal Code can be used to restrict the exercise of the freedom to express political or ideological views that can result in the imposition of penalties involving compulsory prison labour. The Committee once again recalls that Article 1(a) of the Convention protects persons who hold or express political views or views ideologically opposed to the established political, social or economic system by prohibiting the imposition on them of sanctions involving compulsory labour, except in cases of use of violence or incitation to violence. The Committee therefore requests the Government to take the necessary measures to ensure that, both in law and in practice, no penalties involving compulsory labour may be imposed for the peaceful expression of political views or views ideologically opposed to the established political, social or economic system, for example by clearly restricting the scope of section 124A of the Penal Code to situations connected with the use of violence, or by removing punishments involving compulsory labour. The Committee requests the Government to provide information on the application of this section in practice, including on prosecutions conducted, court decisions handed down, penalties imposed and the facts that led to convictions.

Article 1(c). Disciplinary measures applicable to seafarers. The Committee previously referred to sections 198 and 199 of the Merchant Shipping Ordinance (No. XXVI of 1983), which provide for the forcible conveyance of seafarers, who are guilty of the offence of desertion or absence without leave, on board ship to perform their duties. It noted the Government’s information that the revision of the Merchant Shipping Ordinance was in its final stage. 

The Committee notes the Government’s information that sections 198 and 199 of the Merchant Shipping Ordinance were never used against seafarers and that there is no intention to use them in the future. It further states that measures are being taken by the Ministry of Shipping to align the “Bangladesh Merchant Shipping Act”, which is under preparation, with the requirements of international Conventions. The Committee expresses the firm hope that thenecessary measures will be taken, in the context of the review of the merchant shipping legislation, to amend or repeal sections 198 and 199 so as to ensure that seafarers will not be forcibly conveyed on board ship to perform their duties, except in situations of danger for the ship or the life or health of persons. It also requests the Government to provide information on any progress made in this regard, and a copy of the Merchant Shipping Act, once adopted.

Article 1(d). Penalties involving compulsory labour as a punishment for participation in strikes. The Committee previously referred to sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963), under which the Government may prohibit strikes by employees of the Government or of a local authority in the interest of public order, contraventions being punishable with rigorous imprisonment, which involves compulsory hard labour. The Government indicates that the issue related to sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963), will be placed on the agenda of the tripartite committee for consideration. The Committee notes that the TU-ILS Committee, in its observations, indicates that there is no evidence of rigorous imprisonment or compulsory prison labour for participating in strike action.

The Committee recalls that Article 1(d) of the Convention prohibits the use of any form of compulsory labour, including compulsory prison labour, as a punishment for having participated peacefully in a strike. The Committee emphasizes that a suspension of the right to strike enforced by sanctions involving compulsory labour can only be compatible with the Convention insofar as it is necessary to cope with cases of force majeure in the strict sense of the term – namely, when the existence or well-being of the whole or part of the population is endangered – provided that the duration of the prohibition is limited to the period of immediate necessity. The Committee therefore requests the Government to take the necessary measures to bring sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963) into conformity with the Convention, thereby ensuring that persons organizing or participating peacefully in a strike are not sentenced to imprisonment involving compulsory labour. Pending the adoption of such measures, the Committee once again requests the Government to provide information on the application of the above provisions in practice, including any prosecutions carried out or court decisions handed down, indicating the penalties imposed and the facts that led to convictions.