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 that section 57 of the Information and Communication Technology Act of 2006 (ICT Act) criminalizes several forms of online expression, including defamation, expressions tarnishing the image of the State or an individual and statements hurting religious sentiments with sanctions of imprisonment.

The Committee notes that section 57 of the ICT Act has been repealed by the Digital Security Act of 2018 which replicates the above provisions under sections 25, 28 and 29. While noting that the violation of these provisions continues to be punishable with sanctions of imprisonment, the Committee observes that the Act refers to simple imprisonment which, pursuant to section 53 of the Penal Code, does not involve an obligation to work, contrary to rigorous imprisonment and imprisonment for life, which involve compulsory hard labour.

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 on board ship to perform their duties. It noted the Government’s information that it has initiated a project to review the Merchant Shipping Ordinance in order to bring it into line with the Maritime Labour Convention, 2006, also ratified by Bangladesh.

The Committee notes the Government’s information in its report that the revision of the Merchant Shipping Ordinance is in its final stage. The Committee urges the Government to take the necessary measures, 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 Ordinance, once revised.

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, which involves compulsory hard labour.

The Committee notes the Government’s reiterated indication that the 1963 Ordinance was adopted with a view to improving the administrative system and does not interfere in the employer-worker relations. The Government also states that the implementation of this Convention is in no way hampered by the Services (Temporary Powers) Ordinance (No. II of 1963). The Committee once again 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 in a strike. Referring to paragraph 314 of its 2012 General Survey on the fundamental Conventions, the Committee emphasizes that a suspension of the right to strike enforced by sanctions involving compulsory labour can only be compatible with the Convention 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 urges the Government to take the necessary measures in order to bring sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963) into conformity with the Convention. 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.