CMNT_TITLE

Abolition of Forced Labour Convention, 1957 (No. 105) - Bangladesh (RATIFICATION: 1972)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Sanctions involving the obligation to work as a punishment for the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted sections 16–20 of the Special Powers Act (No. XIV of 1974), under which penalties of imprisonment may be imposed on people who publish prejudicial reports or contravene orders for prior scrutiny and approval of certain publications. The Committee also noted the following provisions of the Penal Code, under which penalties of imprisonment may be imposed:

-sections 141–143 (unlawful assemblies);
-section 145, read in conjunction with sections 141 and 127 of the Code of Criminal Procedure (No. V of 1898) (joining or continuing in an unlawful assembly which has been ordered to disperse);
-section 151, read in conjunction with section 127 of the Code of Criminal Procedure (joining or continuing any assembly of five or more people which is likely to cause a disturbance of public peace and has been ordered to disperse);
-section 153 (promoting feelings of enmity or hatred between different classes of citizens); and
-section 153B (inducing students to take part in political activity).

The Committee notes the Government’s information in its report that sections 16–18 of the Special Powers Act have been repealed by section 3 of the Special Powers (Amendment) Act, 1991 (Act No. XVIII of 1991). Referring to other provisions mentioned above, the Government states that they do not interfere in employer–worker relations and that each country has its separate social, economic, cultural and religious circumstances. The Committee notes that the violation of these provisions is punishable with simple imprisonment. Pursuant to section 53 of the Penal Code, rigorous imprisonment and imprisonment for life involve compulsory hard labour, while simple imprisonment does not involve an obligation to work.

Article 1(c). Penalties involving compulsory labour as a punishment for breaches of labour discipline. 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 on board ship to perform their duties.

The Committee notes the Government’s reiterated statement in its report that no seafarer is forced to work on board ship. The Government also indicates that, following the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), in 2014, if any discrepancies are found, the necessary measures will be taken with a view to bringing the Merchant Shipping Ordinance in line with the MLC, 2006. The Committee also notes that a project named “Development of Maritime legislation of Bangladesh” has been initiated by the Government with a view to review the Merchant Shipping Ordinance of 1983. In this regard, the Committee recalls that provisions relating to breaches of labour discipline as such, for example, desertion, absence without leave or disobedience, supplemented by provisions under which seafarers may be forcibly returned on board ship, are not compatible with the Convention, unless such acts tend to endanger the ship or the life or health of persons (see the 2012 General Survey on the fundamental Conventions, paragraph 312). The Committee trusts that the necessary measures will be taken in the context of the review of the merchant shipping legislation, in order to amend or repeal the above provisions of the Merchant Shipping Ordinance so as to ensure that seafarers would not be forcibly conveyed on board ship to perform their duties, unless such breaches of labour discipline endanger the ship or the life or health of persons. It also requests the Government to provide information on any progress made in this regard.

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. The Committee observed that violations of such provisions are punishable with rigorous imprisonment, involving an obligation to work.

The Committee notes the Government’s reiterated indication in its report that the 1963 Ordinance is not related to employment relationships, and was adopted with a view to improving the administrative system. 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. Referring to paragraph 314 of its 2012 General Survey on the fundamental Conventions, the Committee also observes that a suspension of the right to strike enforced by sanctions involving forced labour is compatible with the Convention only in so far 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 once again expresses its firm hope that the necessary measures will be taken in order to bring sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963) into conformity with the Convention, and requests the Government to provide information on the progress made in this regard. Pending the adoption of such measures, the Committee requests the Government to provide information on the application of the above provisions in practice, supplying copies of any court decisions defining or illustrating their scope.