Rapport intérimaire - Rapport No. 411, Juin 2025

Cas no 3203 (Bangladesh) - Date de la plainte: 24-AVR. -16 - Actif

Allegations: This case concerns allegations of the systematic violation of freedom of association rights by the Government, including through repeated acts of anti-union violence and other forms of retaliation, arbitrary denial of registration of the most active and independent trade unions and union-busting by factory management. The complainant also denounced the lack of law enforcement and the Government’s public hostility towards trade unions.

1. 150. The Committee last examined this case (submitted in April 2016) at its March 2024 meeting, when it presented an interim report to the Governing Body [see 405th Report, paras 189–207 approved by the Governing Body at its 350th Session]. 
2. 151. The International Trade Union Confederation (ITUC) submitted additional allegations in a communication dated 19 February 2024.
3. 152. The Government provided its observations in communications dated 9 September and 21 October 2024.
4. 153. Bangladesh has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 154. At its March 2024 meeting, the Committee made the following recommendations [see 405th Report, para. 207]:
   • (a) Concerned that there may be persistent obstacles that impede the full investigation of recurrent acts of anti-union violence, the Committee urges the Government to take the necessary measures to investigate the allegations of physical violence, threats and murder of trade union leaders and members so as to ensure the identification and punishment of perpetrators of such acts in Bangladesh and an end to anti-union violence. The Committee requests the Government to provide detailed information on the measures taken to identify and address the obstacles that may impede full investigation of such allegations and reminds the Government that it can avail itself of the technical assistance of the Office in this respect.
   • (b) Deploring the murder of Mr Shahidul Islam, a union organizer for the Bangladesh Garment and Industrial Workers Federation, as well as the violent attack on other unionists accompanying him on 25 June 2023, and noting the information provided by the Government on the steps already taken, the Committee urges the Government to take any further measures necessary to shed full light on the facts and motive of this attack at the earliest date, to determine where responsibilities lie and punish the perpetrators and any instigators so as to avoid recurrence of such acts. The Committee requests the Government to continue to provide information on the measures taken and the evolution and outcome of the case.
   • (c) The Committee draws the special attention of the Governing Body to the extreme seriousness and urgent nature of this case.

B. The complainant’s additional allegations

1. 155. In its communication dated 19 February 2024, the ITUC provides additional information on the previously denounced murder of Mr Shahidul Islam, the president of the Gazipur unit of the Bangladesh Garment and Industrial Workers’ Federation (BGIWF) on 25 June 2023. In particular, it alleges that workers from a garment factory in Gazipur held a protest to demand the payment of two months of wages that the employer failed to pay despite an order from the Gazipur Deputy Commissioner to do so; when Mr Islam was requested to assist the workers to collect their wages, he and his assistants were attacked by a gang, leaving him with fatal injuries. The postmortem report confirmed that the cause of his death was a head injury caused by a blunt object and that he did not have a heart condition. According to the information available to the complainant, workers behind the attack are from the Bangladesh Poshak Sramik Trade Union Federation, which is not specifically active at the concerned garment factory but is active in the surrounding area. The complainant adds that there is currently no union at the concerned factory but that the BGIWF had started organizing workers, which is why Mr Islam was called to assist them with the wage dispute. The complainant alleges that out of the 12 persons arrested for the murder of Mr Islam, 4 were granted bail and that the charge sheet, which provides full details of the police investigation, has not yet been filed. It emphasizes the importance of an independent and transparent investigation into the violent attack against the unionists and the murder of Mr Islam and expresses deep concern that protection of and respect for civil liberties and fundamental human and labour rights is deteriorating in the country.

C. The Government’s reply

1. 156. In its communications dated 9 September and 21 October 2024, the interim Government expresses its commitment to upholding the principles of freedom of association and ensuring that trade union leaders and members can operate without fear of violence or retaliation. The Government acknowledges the concern previously expressed by the Committee about persistent obstacles impeding the full investigation of recurrent acts of anti-union violence and reiterates its steadfast commitment to reducing anti-union violence. It states that the following concrete measures are being taken to address the Committee’s recommendations: (i) in the framework of the legislative reform of the Bangladesh Labour Act (BLA), the Government proposed to increase the penalties for violations related to anti-union activities and freedom of association, including stricter punishment for violence or retaliation against union members, ensuring that violators are held accountable under the law; (ii) the Government has launched awareness-building campaigns aimed at educating employers and workers about the importance of freedom of association and collective bargaining, emphasizing the right of workers to form unions without fear of violence or retaliation; (iii) the Ministry of Labour and Employment (MOLE) and the Ministry of Home Affairs, with the support of international organizations, have conducted training programmes for members of law enforcement agencies to sensitize them to freedom of association, trade union rights and the need for unbiased investigations; (iv) preventive measures are being implemented, including increased monitoring of workplaces, particularly in industries with a history of union-related conflicts, as well as consultations with trade union representatives and civil society organizations to better understand the obstacles that may hinder investigations, to address grievances and to prevent escalation of conflicts; and (v) efforts are also being taken to streamline the legal process to ensure swift identification and punishment of perpetrators.
2. 157. Concerning the ready-made garment (RMG) sector, the Government indicates that, in order to ensure peaceful and congenial working environment and maintain normal operation and productivity, 29 committees were formed for eight labour intensive districts, comprising officials from the Department of Labour (DoL) and the Department of Inspection for Factories and Establishments (DIFE). The Government provides details on the role of these committees, which includes, among other actions, resolving unforeseen situations in factories in consultation with employers’ and workers’ representatives and regular reporting to the MOLE on the labour situation.
3. 158. The Government condemns the murder of Mr Shahidul Islam and the violent attack on the unionists who accompanied him on 25 June 2023 and provides detailed information on the incident. It states that workers from a garment factory in Gazipur were dissatisfied with their employer who failed to make payments on time and requested the assistance of Mr Islam who discussed with the workers on further initiatives in this regard. According to the Government, when Mr Islam and his aides came back to the factory, they were confronted by a group of workers and physically attacked, after which Mr Islam was left lying unconscious. When he was brought to a medical centre, he was declared dead. The Government indicates that the responsible workers come from the Gazipur branch of the Bangladesh Garment Workers’ Trade Union Federation and reiterates information provided previously on the measures taken following the incident, in particular the filing of criminal charges against 11 accused, out of which 10 were arrested and detained and 5 of them provided a confession admitting their involvement in the incident. Upon completing the investigation, the police submitted a charge sheet to the court and the trial commenced. Since the trial was initiated, the Government has been observing and monitoring the case to ensure due process of law. The case was heard in November 2024 and the Government remains committed to shedding full light on the facts and motives behind the attack and ensuring that the perpetrators and instigators are held accountable.
4. 159. Finally, the Government recognizes the extreme seriousness and urgency of this case and expresses its commitment to taking all necessary measures to prevent the recurrence of such acts, in particular to reduce anti-union violence and strengthen protection of trade union leaders and members and their rights. It indicates that efforts are already being taken to reinforce security and promote a safe environment for union activities and that it will continue to work closely with the ILO to strengthen its labour rights framework and legal systems and institutions to eliminate obstacles to full and fair investigations of anti-union violence.

D. The Committee’s conclusions

1. 160. The Committee recalls that this case, which was first examined in 2017, concerns allegations of violation of freedom of association in particular through acts of violence, including murder, anti-union discrimination and other retaliatory acts against union leaders and members in numerous enterprises.
2. 161. With regard to investigations of allegations of physical violence, threats and murder of trade unionists and measures to be taken by the Government to identify and address obstacles impeding such investigations (recommendation (a)), the Committee welcomes the interim Government’s expressed commitment to reducing anti-union violence and ensuring that trade union leaders and members can operate without fear of violence or retaliation. It notes the measures spelled out by the Government, which the Government considers will address these concerns, in particular the proposal to increase penalties for violence or retaliation against union members in the framework of the legislative reform of the BLA, streamlining of legal processes to ensure swift identification and punishment of perpetrators, as well as awareness-raising for workers and employers and training programmes for law enforcement agencies to sensitize them on freedom of association, trade union rights and the need for unbiased investigations. The Committee also takes note of the additional measures indicated by the Government, such as the establishment of Government monitoring committees in the RMG sector to assist with dispute resolution and provide reports on the labour situation, increased monitoring of workplaces, particularly in industries with a history of union-related conflicts, and consultations with trade union representatives and civil society organizations to better understand the obstacles that may hinder investigations, to address grievances and to prevent escalation of conflicts.
3. 162. While taking note of the above steps and initiatives, as well as the Government’s commitment to reducing anti-union violence, the Committee observes that the Government has not provided details on its assessment of the obstacles that may hinder a rapid and independent investigation of allegations of anti-union violence and recalls that the Government has repeatedly faced difficulties, including in this long-standing case, to investigate such incidents and bring perpetrators to justice, which has not been conducive to the free exercise of trade union rights in the country. The Committee recalls in this regard that it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 102]. Accordingly, the Committee expects the Government to step up its efforts in investigating any pending allegations of physical violence, threats and murder of union leaders and members to avoid impunity for such serious violations. The Committee also requests the Government to keep it informed of further steps taken in relation to the mentioned initiatives and their impact on the investigation of anti-union violence and its reduction, including on the proposed increase of penalties for certain anti-union acts and the streamlining of legal processes, and trusts that these measures will contribute to reducing impunity for such acts. Further recalling the extensive technical assistance provided by the Office to the Government, the Committee expects the Government to continue to engage with the social partners concerned in the process of identifying obstacles impeding full investigation of recurrent acts of anti-union violence and exploring concrete ways of effectively addressing them, including, where appropriate, through the establishment of a mechanism to swiftly and independently investigate such allegations, whether committed by private persons or state agents.
4. 163. Concerning the investigation into the murder of Mr Shahidul Islam in June 2023 (recommendation (b)), the Committee takes notes of the additional allegations submitted by the complainant which provide details on the factual background of the incident, clarifying that while there was no union at the garment factory where Mr Islam was killed, the BGIWF had started organizing the workers there, which is why Mr Islam was assisting them with a wage dispute. According to the complainant, the perpetrators of the murder were workers from another union active in the area and at the time of submitting the additional information, the charge sheet had not yet been filed to court. The Committee notes in this regard the information provided by the Government, which describes the factual situation leading to the incident in similar terms as the complainant, adding that measures have already been taken to investigate it and prosecute the perpetrators. The Committee welcomes the progress made in bringing this case to trial and notes, in particular, that a hearing against several accused was held in November 2024 and that the Government has been observing and monitoring the procedure to ensure due process of law. It recalls in this regard that it is important that investigations into the murders of trade unionists should yield concrete results in order to determine reliably the facts, the motives and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future. As concerns allegations that legal proceedings are overly lengthy, the Committee has recalled the importance it attaches to such proceedings being concluded expeditiously, as justice delayed is justice denied. The Committee has also drawn attention to the importance that should be attached to the principle that not only must justice be done, it must also be seen to be done [see Compilation, paras 96, 169 and 173]. In light of the above, the Committee requests the Government to keep it informed of progress made in the ongoing court proceedings concerning the murder of Mr Islam, which it expects to be expeditious, and to provide the judgment once issued. Further welcoming the Government’s commitment to shedding full light on the facts and motives behind the attack and ensuring that the perpetrators and instigators are held accountable, the Committee urges the Government to take any further measures to this effect and to keep it informed thereof.
5. 164. Finally, welcoming the Government’s commitment to taking all necessary measures to strengthen protection of trade union members and their rights, as well as its willingness to continue to work with the Office to strengthen the labour rights framework and legal systems and institutions in the country so as to eliminate obstacles to full and fair investigations of anti-union violence, the Committee expects these efforts, together with full and frank consultations with the social partners, to effectively result in an increased protection of trade unionists and their rights.

The Committee’s recommendations

1. 165. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee expects the Government to step up its efforts in investigating any pending allegations of physical violence, threats and murder of union leaders and members to avoid impunity for such serious violations.
   • (b) The Committee also requests the Government to keep it informed of further steps taken in relation to the mentioned initiatives and their impact on the investigation of anti-union violence and its reduction, including on the proposed increase of penalties for certain anti-union acts and the streamlining of legal processes, and trusts that these measures will contribute to reducing impunity for such acts.
   • (c) The Committee further expects the Government to continue to engage with the social partners concerned in the process of identifying obstacles impeding full investigation of recurrent acts of anti-union violence and exploring concrete ways of effectively addressing them, including, where appropriate, through the establishment of a mechanism to swiftly and independently investigate such allegations, whether committed by private persons or state agents.
   • (d) The Committee expects the above measures, together with the interim Government’s commitment to strengthen the labour rights framework, to effectively result in an increased protection of trade unionists and their rights.
   • (e) The Committee requests the Government to keep it informed of progress made in the ongoing court proceedings concerning the murder of Mr Islam, which it expects to be expeditious, and to provide the judgment once issued. In light of the commitment expressed by the Government, the Committee urges the Government to take any further measures to shed full light on the facts and motives behind the attack and ensure that the perpetrators and instigators are held accountable and to keep it informed thereof.
   • (f) The Committee draws the Governing Body’s attention to the serious and urgent nature of this case.