Texts of pending comments

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. (i) Legal framework and law enforcement. The Committee previously noted the adoption of the three implementing rules to the Prevention and Suppression of Human Trafficking Act, 2012, as well as the adoption and implementation of the National Plan of Action for Combating Human Trafficking (NPA). The Committee, however, referring to the statistical information contained in the Government’s replies to the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), observed that while there was an increase in the number of trafficking investigations and prosecutions and the measures undertaken for the protection of victims, the number of convictions were low.

The Committee notes the Government’s information in its report that from January to December 2020, 7,248 cases of trafficking in persons were filed. Out of the cases filed, 527 cases are under investigation with 411 persons being charged for the offences of trafficking and a conviction with a sanction of life imprisonment was secured in one case. In this regard, the Committee notes that according to the information from a news release of 2019 by the International Organization for Migration (IOM) entitled “Human trafficking in the coastal belt”, human trafficking is a major challenge in Bangladesh, with the coastal belt and the borders along India being some of the most vulnerable locations. Furthermore, the same report indicates that 50,000 women and children are trafficked to India each year. The Committee also notes from a report of March 2020 from the United Nations Office on Drugs and Crime that Cox’s Bazar (refugee settlement) is considered as one of the hotspots for human trafficking in Bangladesh, and the Bay of Bengal is a major trafficking route by sea. The Committee notes that, in its concluding observation of August 2019, the UN Committee against Torture (CAT), expressed concern that a vast majority of trafficking victims choose not to pursue cases against their traffickers, often because of fear of retaliation and intimidation, as many do not believe that they will receive effective protection from the police. The CAT also expressed concern at the reported cases in which Bangladeshi border guards and military and police officials have been involved in facilitating the trafficking of Rohingya women and children. Moreover, to date the Bangladesh High Court has refused to entertain anti-trafficking cases filed by Rohingya and the authorities have failed to open investigations (CAT/C/BGD/CO/1, paragraph 40). Noting with concern the low number of investigations and convictions for cases of trafficking in persons, the Committee urges the Government to take the necessary measures to ensure that all persons who engage in trafficking and related offences, including complicit officials, are subject to thorough investigations and prosecutions, and that sufficiently effective and dissuasive penalties are imposed in practice. In this regard, it requests the Government to take the necessary measures to strengthen the capacities of the law enforcement officials, including labour inspectors, prosecutors and judges, particularly by providing appropriate training. The Committee also requests the Government to continue to provide information on the application in practice of the Prevention and Suppression of Human Trafficking Act, supplying information on the number of investigations carried out, and convictions and penalties imposed.

(ii) National plan of action and awareness-raising measures. The Committee notes the Government’s information that two National Plan of Actions for Combating Human Trafficking from 2012 to 2014 and 2015 to 2017 have been successfully implemented and a new National Plan of Action (NPA) for Suppression and Prevention of Human Trafficking 2018-2022 has been adopted. According to the Government’s report, the NPA 2018-22, has integrated the strategies and actions provided for in the 7th Five-Year Plan, which is aligned with the implementation of the sustainable development goals. This NPA focuses on five areas of action, namely (1) prevention of human trafficking; (2) holistic protection of trafficking victims; (3) prosecution of traffickers; (4) partnership and cross-country legal assistance and (5) monitoring and evaluation. The National Committee against Human Trafficking under the Ministry of Home Affairs is the authority responsible for coordinating, monitoring and evaluating the implementation of the NPA, and several Counter Trafficking Committees are established at the district and subdistricts for its implementation.

The Committee also notes the Government’s indication that in 2020, the Bangladesh Police conducted 235 training programmes on trafficking in persons which were attended by a total of 38,793 officials and conducted awareness-raising programmes for 892,051 persons. Moreover, the Border Guards of Bangladesh (BGB) conducted 46,872 awareness-raising programmes in the border areas in 2020. The Committee requests the Government to continue providing information on the activities undertaken by the Police and the Border Guards in combating trafficking in persons, including the training and awareness-raising activities relating to trafficking. It further requests the Government to provide information on the concrete measures taken within the framework of the NPA 2018–22 to prevent trafficking in persons and the results achieved.

(iii) Identification and protection of victims. The Committee notes the Government’s information that the Bangladesh Police has set up a two-tier monitoring cell, one at the Police headquarters in each district which closely monitors all cases related to trafficking in persons; and one headed by the Additional Superintendent of Police which oversees the functions of the 64 district monitoring cells. It also notes the Government’s information that the Rescue, Recovery, Repatriation and Integration (RRRI) Task Force coordinates the initiatives to stop the cross-border trafficking of persons and a Standard Operating Procedure (SOP) was developed in this regard. The Committee further notes that in 2020, the Border Guards rescued 452 women, 191 children and 1045 men who were being trafficked abroad through different borders and the Coast Guard Force rescued 10 women, 10 men and 9 children from traffickers who were illegally travelling to Malaysia by sea route on 8 December 2020. The Government further indicates that victims rescued from trafficking are taken to shelter homes and are provided with medical assistance and psychosocial counselling. The Committee requests the Government to continue providing information on the measures taken by the RRRI, the Bangladesh Police, the Border and the Coast Guards of Bangladesh for the identification and protection of victims of trafficking, as well as the number of victims identified and rehabilitated.

2. Forced labour practices. The Committee previously noted that pursuant to section 9 of the Prevention and Suppression of Human Trafficking Act, 2012, the act of unlawfully forcing an individual to work against their will, or compelling them to provide labour or services, or holding a person in debt bondage by threat or use of force in order to perform any work or service is punishable with five to 12 years’ imprisonment. It noted that the CMW, in its concluding observations of 2017, expressed concern at undocumented nationals of Myanmar working in Bangladesh, including children, who are frequently subject to sexual and labour exploitation, including forced labour, and Indian migrant workers who are subject to debt bondage in the brick kiln sector (CMW/C/BGD/CO/1, paragraph 31). In this regard, noting the Government’s information that no cases of forced or compulsory labour had been detected, the Committee requested the Government to take the necessary measures to strengthen the capacity of law enforcement agencies to detect and investigate forced labour cases, and to provide information on any results achieved or progress made in this regard.

The Committee notes with regret that the Government has not provided any relevant information in this regard. It notes, however, that the CAT, in its concluding observations of 2019, expressed concern at the reports of more than 100 cases in which the Rohingya have been subjected to forced labour within Bangladesh (CAT/C/BGD/CO/1, paragraph 40). Moreover, the UN Committee on Economic, Social and Cultural Rights, in its concluding observations of 2018, expressed concern at the repeated reports of continuing abuse and exploitation, and poor conditions, in workplaces, particularly in the garment industry (E/C.12/BGD/CO/1, paragraph 33(c)). The Committee urges the Government to take the necessary measures to ensure that all workers, including refugees, are fully protected from abusive practices and working conditions that amount to forced labour. It requests the Government to strengthen the capacity of law enforcement agencies to detect and investigate forced labour cases, and to provide information on any results achieved or progress made in this regard. The Committee also requests the Government to provide information on the application in practice of section 9 of the Prevention and Suppression of Human Trafficking Act, 2012, including the number of investigations and prosecutions carried out, convictions handed down and the specific penalties applied for the offences related to forced labour and debt bondage.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 1(1) and 2(1) of the Convention. Restrictions on freedom of workers to terminate employment. For many years, the Committee has been referring to certain provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958, which impose restrictions on termination of employment by any person employed by the central Government and in essential services, punishable with sanctions of imprisonment. It noted the Government’s information that the above Acts entitle the Government to restrict the sudden termination of the labour relation with an employee only if he/she is engaged in such employment or class of employment which is deemed as essential to the Government, aimed at ensuring the delivery of certain services, which if obstructed would affect the normal life of the people. However, the Committee observed that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, prohibit the termination of employment by workers in essential services without the previous consent of the employer, even if a notice has been given. The Committee therefore requested the Government to repeal the abovementioned provisions so as to bring national legislation into conformity with the Convention.

The Committee notes the Government’s information in its report that the provisions of the Essential Services (Maintenance) Act No. LIII, 1952, and the Essential Services (Second) Ordinance No. XLI, 1958 have never been used in practice. Moreover, section 27 of the Labour Act, 2006 ensures the freedom for all workers to terminate their employment with notice. Referring to paragraph 290 of the 2012 General Survey on the fundamental Conventions, the Committee once again recalls, that without being limited to cases of emergency within the meaning of Article 2(2)(d) of the Convention, statutory provisions depriving workers of the right to terminate their employment by giving notice of reasonable length are incompatible with the Convention. While having noted that section 5 of the Essential Services (Maintenance) Act, 1952, and section 4 of the Essential Services (Second) Ordinance No. XLI, 1958, are not being applied in practice, the Committee expects that the appropriate measures will be taken in the near future in order to formally repeal these provisions, so as to bring the national legislation into conformity with the Convention and indicated practice.

Application of the Convention in practice. In its previous comments, the Committee noted the information provided by the Government on the various measures taken for the effective abolition of child labour, as well as the adoption of a list of 38 types of hazardous work prohibited to children under 18 years of age. In addition, free school books and financial assistance in the form of stipends or tuition fees were provided by the Government which benefitted a total of 3,250,563 children. The Committee further noted the Government’s information on the impact of these measures, such as an increase in the net enrolment rate at the primary level and a decrease in the primary school drop-out rate. The Committee, however, noted that according to the Child Labour Survey of 2013, of the 3.45 million children between 5 and 17 years who were working, 1.7 million children were involved in child labour with the manufacturing sector dominating (33.3 per cent in child labour). It urged the Government to strengthen its efforts to eliminate child labour in the sectors covered by the Convention.

The Committee notes with interest the Government’s information in its report that six sectors were declared child labour free in February 2021, such as the tannery, glass, ceramic, ship recycling, export oriented leather goods and footwear and silk sectors, in addition to the garment and shrimp sectors which was earlier declared as child labour free. The Committee also notes the Government’s information that in order to improve labour inspection, the Department of Inspection for Factories and Establishments (DIFE) was restructured and upgraded by increasing the number of inspectors to 575 and establishing new offices in 23 districts and by increasing the budget by 452 per cent in the fiscal year 2020–21. The Government also indicates that in 2020-21, a total of 47 in-house training programmes for labour inspectors were organized with a participation of about 988 inspectors. During 2020-2021, a total of 47,361 inspection visits were carried out by the DIFE, and a total of 1421 cases were filed against the employer, of which 98 cases were related to the violation of section 34 (prohibition of employment of children and adolescent) of the Employment Act. Moreover, with the assistance of the ILO, a mobile and web-based application namely “Labour Inspection Management Application (LIMA)” has been developed and around 8367 inspections were carried out in 2020-2021 using this application.

The Committee also notes from the draft National Plan of Action (NPA) for the Elimination of Child Labour 2021-25 document that the Seventh Five year Plan (SFYP) 2016-20 under its inclusion strategy addresses child labour and calls for effective measures to reduce child labour. The Committee takes due note of the information that the Ministry of Labour and Employment has also identified actions beyond SFYP, which include the preparation for the ratification of the ILO Minimum Age Convention, 1973 (No. 138). The Committee encourages the Government to continue its efforts to eliminate child labour in the sectors covered by the Convention, including through strengthening the capacities of the labour inspectors in identifying and monitoring child labour. It requests the Government to provide information on the concrete measures taken within the framework of the NPA for the Elimination of Child Labour 2021-25 and the results achieved. The Committee also requests the Government to continue to provide updated statistical information on the extent of child labour in the sectors covered by this Convention, as well as on the practical application of the Convention, including reports of inspection services, number and nature of violations reported and penalties applied.

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2021, referring to the matters addressed below, and requests the Government to provide its comments in this respect.

The Committee notes that the complaint submitted in 2019 under article 26 of the ILO Constitution, concerning non-observance by the Government of Bangladesh of the Convention as well as of 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), is pending before the Governing Body. At its 343rd Session (November 2021), taking note of the road map of actions submitted by the Government on 23 May 2021 and the report submitted by the Government on 30 September 2021, on the progress made with regard to its timely implementation, the Governing Body: (i) requested the Government to inform it of progress made in the implementation of the road map to address all the outstanding issues mentioned in the article 26 complaint at its 344th Session (March 2022), during which the Governing Body will again discuss the implementation of the roadmap; and (ii) deferred the decision on further action in respect of the complaint to its 346th Session (November 2022).

The Committee takes note of the additional information provided by the Government on 30 September 2021 on the progress made in the implementation of the roadmap to address all the outstanding issues mentioned in the article 26 complaint.

Legislative developments. The Committee takes note that, in the additional information provided concerning the implementation of the first priority area of the road map of actions (labour law reform), the Government details the progress made and envisaged with respect to the amendment of the Bangladesh Labour Rules (2015), the Bangladesh Labour Act (2006) (BLA), the Export Processing Zones (EPZs) Labour Act (2019), as well as to the adoption of the EPZs Labour Rules. The Committee requests the Government to adopt measures in order to ensure that the ongoing legislative reform process will take into account the outstanding issues addressed below as well as in the direct request to the Government, with a view to ensuring conformity of the legal framework with the Convention. The Committee requests the Government to provide detailed information on any progress made in this respect.

Articles 2, 4, 12 and 23 of the Convention. Labour inspection in EPZs and special economic zones (SEZs). The Committee previously noted: (i) that Chapter XIV of the EPZs Labour Act provides for inspections to be undertaken by the Directorate of Inspection for Factories and Establishments (DIFE) in the EPZs; (ii) the ongoing consultations with workers, investors and relevant stakeholders to see how labour inspections undertaken by the DIFE can best be integrated with the existing supervision exercised by the Bangladesh Export Processing Zones Authority (BEPZA); and (iii) that under section 168 of the EPZs Labour Act, DIFE inspectors are allowed to undertake inspections but a prior approval of the Executive Chairman of the BEPZA is required. The Committee notes the Government’s indication that the development of inspection modalities for EPZs is ongoing and that, to this effect, a further meeting is expected to be held between the DIFE and the BEPZA to follow up on their last meeting held on 16 February 2021. The Committee further notes the Government’s indication that labour inspectors of the DIFE are regularly inspecting factories in EPZs without obstacles and in most cases without prior notice (inspections have been undertaken in nine factories between March and May 2021). Furthermore, the Committee takes note of the Government’s indication that the Bangladesh SEZs Authority (BEZA), which controls and supervises SEZs, will take all the necessary measures for the effective inspection of SEZs in accordance with Chapter XIV of the EPZs Labour Act (which provides for inspections by the DIFE). The Committee requests the Government to continue to provide information on the outcome of the abovementioned discussions on the development of DIFE inspection modalities for EPZs. Noting the absence of information on any progress made in this regard, the Committee once again requests the Government to take the necessary measures to ensure that labour inspectors are empowered to enter freely establishments in EPZs and SEZs without any restrictions, such as the approval required from the Executive Chairman of the BEPZA for the undertaking of inspections, pursuant to section 168 of the EPZs Labour Act. In this respect, the Committee once again requests the Government to provide information on the nature and the modalities of the above mentioned approval of the BEPZA, including whether a separate request is required before each inspection, and if so, the number of requests made, the number approved, the time elapsed between each request and approval, and any reasons given for each failure to approve. It also requests the Government to provide statistical information on the labour inspections undertaken in EPZs and SEZs that are in operation, disaggregated into inspections by the DIFE and inspections under the BEPZA and the BEZA, including the overall number of inspections undertaken, the number and nature of all violations detected and the measures taken as a result.

Article 6. Status and conditions of service of labour inspectors. With regard to its previous comments, the Committee notes the Government’s statement in the additional information that the approval process of the proposal providing for the creation of new posts of labour inspectors is already underway and that a meeting was held on 31 August 2021 in the Ministry of Public Administration (MOPA) to assess that proposal. The Government also states that, upon clearance from all the Ministries involved in the approval process, this matter will be referred to the Bangladesh Public Service Commission (BPSC) (responsible for the selection of public service workers) for initiating the recruitment process. The Government specifies in its report that the number of labour inspector posts to be created will depend on the approval of the concerned Ministries. The Committee also notes the Government’s indication that new positions for 4 inspector generals, 12 joint inspector generals, 51 deputy inspector generals and 288 assistant inspector generals have been included as part of the proposal submitted to the MOPA. The Government indicates that, if approved, this will create more promotion opportunities for labour inspectors, and it further states that conditions of service for labour inspectors are the same as for other Government employees. The Committee also notes the observations of the ITUC that despite Government commitments in prior years to increase substantially the number of labour inspectors, there were 312 filled inspector posts and 221 vacant posts as of March 2019. The Committee requests the Government to provide information on the career structure of the DIFE, including levels and positions as well as the number of appointments made at each position. The Committee requests the Government to continue to provide information on any progress made in the process of creation of new posts and the recruitment of labour inspectors. Noting the absence of information in this regard, the Committee requests once again the Government to provide information on the attrition rate among inspectors at different professional levels. Finally, the Committee requests the Government to provide detailed information on the conditions of service of labour inspectors, including their levels of remuneration and their employment tenure in comparison to the remuneration levels and job tenure of other officials exercising functions of similar complexity and responsibility, such as tax collectors and the police.

Articles 7, 10, 11 and 16. Human and material resources of the labour inspectorate. Frequency and thoroughness of labour inspections. The Committee takes note that, in reply to its previous comments on the number of labour inspectors, the Government informs that: (i) the DIFE organigram consists of 993 posts, among which 575 are for labour inspectors; (ii) currently, 313 labour inspectors work in the DIFE; (iii) following a request from the DIFE, the recruitment process of 108 inspectors to fill vacant posts is underway; and (iv) due to the COVID-19 pandemic, the normal recruitment process is elongated and many of the public examinations are on hold. The Committee also notes the Government’s additional information that the BPSC has recommended to fill 99 of the 108 vacant posts requested by the DIFE, and that the Government is working on the preparation of a list of qualified inspectors to be promoted to the next upper level. Moreover, the Committee takes note that the labour inspection report of 2020–21 indicates that 14 labour inspectors (health) have joined in the DIFE and that 11 officers and staffs of different grades have retired and left from their jobs in this period. Furthermore, the Committee also notes the Government’s information that 47,361 labour inspection visits were carried out between 2020 and 2021. The Committee requests the Government to continue to provide information on the number of labour inspectors working at the DIFE and to provide information on any progress made in filling the 108 vacant posts, as well as on any other measures taken or envisaged to fill all of the remaining vacant posts. The Committee also requests the Government to provide information on the promotion of labour inspectors to senior posts, as well as on any specific measures taken to fill the posts left vacant because of those promotions. It also requests the Government to continue to include, in the labour inspection annual report, information on the number of labour inspection visits carried out, disaggregated by sector.

Furthermore, the Committee also notes the up-to-date information provided by the Government, in reply to its previous comments, on the training provided to labour inspectors (including the number of participants and subjects covered by in-house training programmes between 2020 and 2021). It also notes that, according to the information provided by the Government, the number of computers with internet connections increased from 80 in 2019 to 425 in December 2020 and that labour inspectors were equipped with 425 Android tablets to use during inspections. The Committee also notes that the number of vehicles allocated to the labour inspection service remained the same as in 2019. The Committee also notes an increase in the budget allocated to the DIFE, from 418.5 million taka in 2019–20 to 445 million taka in 2020–21. The Committee takes note that, in its observations, the ITUC indicates that inspectors suffer from logistic and transport shortages to carry out their duties properly, especially considering the additional inspection duties gained by the DIFE with regard to EPZs and SEZs. The Committee requests the Government to provide its comments in this respect.

Articles 12(1) and 15(c). Inspections without previous notice. Duty of confidentiality in relation to complaints. In relation to its previous comments, the Committee notes the Government’s indication that: (i) the confidentiality of the complaint and the anonymity of the complainants are ensured, where applicable; (ii) according to the standard operating procedure on labour complaints investigation, adopted in 2020, a minimum of 50 per cent of the regular inspections are unannounced; and (iii) generally, all the special inspections (such as accident investigations and complaint investigations, among others) are unannounced, except where the presence of witnesses or certain documentation are required. The Committee notes that, pursuant to Article 15 of the Convention, exceptions on confidentiality are understood to require particular justification, with strict standards applied in this respect. The Committee requests the Government to take specific measures to ensure that labour inspectors treat as absolutely confidential the source of any complaint and give no intimation to the employer that an inspection visit was made in consequence of the receipt of such a complaint. Noting the absence of information in this regard, the Committee once again requests the Government to provide specific information on the number of unannounced inspection visits and those undertaken with prior notice, disaggregated by ready-made garment factory, shop, establishment, and other factories, as well as statistical information on the outcome of those visits, disaggregated in the same manner.

Articles 17 and 18. Legal proceedings. Effectively enforced and sufficiently dissuasive penalties. With regard to its previous comments, the Committee notes that the Government once again reiterates that there is one legal officer at the DIFE responsible for the follow-up of labour law violations detected by labour inspectors, and that there is a plan to establish a legal unit at the DIFE, which is proposed to be composed of nine legal officers (less than the 17 legal officers previously mentioned by the Government). The Committee takes note of the Government’s additional information that the creation of new posts for a legal unit has already been requested by the DIFE to the MOPA. Furthermore, the Committee also notes the ITUC’s indication that fines for violations under the BLA remain too low to be dissuasive and are not enforced due to the lengthy legal process and to corruption. The ITUC also indicates that little data is available on the extent to which fines or penalties are imposed and that criminal proceedings for violations of the BLA are rare. The Committee requests the Government to continue to provide information on the progress made to establish a legal unit at the DIFE, indicating the number of staff and their functions, and to provide information on any other measures taken or envisaged to improve the proceedings for the effective enforcement of legal provisions. While noting the absence of information in this regard, the Committee once again requests the Government to provide information on: (i) any measures introduced or envisaged to ensure that penalties for labour law violations are sufficiently dissuasive; and (ii) the specific outcome of the substantial number of cases, indicated by the Government in the labour inspection report, that are referred to the labour courts (such as the imposition of fines, the amounts collected from fines imposed, and also sentences of imprisonment) and to specify the legal provisions to which they relate. Finally, the Committee requests the Government to provide up-to-date information on the number and nature of violations detected.

The Committee is raising other matters in a request addressed directly to the Government.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee takes note of the additional information provided by the Government on 30 September 2021 on the progress made in the implementation of a roadmap to address all the outstanding issues mentioned in a complaint pending under article 26 of the ILO Constitution.

Legislation. The Committee notes the information provided by the Government in its report on the adoption of several instruments concerning the work carried out by the labour inspectorate, such as the escalation (compliance) protocol for remediation adopted in 2019 and the standard operating procedures adopted in 2020 on labour inspection, labour complaints investigation, approval of factory layout plan, registration and licensing of organizations, and investigation of occupational accidents. The Committee requests the Government to provide a copy of each of these instruments.

Articles 2, 3(1)(a) and (b), 5(a) and (b), 13, 17 and 18 of the Convention. Inspection activities to improve occupational safety and health (OSH) standards in the Ready-Made Garment (RMG) sector. With regard to its previous comments on the capacity of the competent public authorities to assume the monitoring of fire, electrical and structural safety in factories previously covered by the ALLIANCE and ACCORD initiatives, the Committee notes the Government’s indication that: (i) the Bangladesh worker safety initiative called NIRAPON was founded in 2019 with the aim of building upon the work of the ALLIANCE, which ceased its operations in December 2018 and that NIRAPON moved to North America and continues its operations from there; and, (ii) the ACCORD initiative ceased operations in May 2020 and its functions have been taken over by the ready-made garment (RMG) Sustainability Council (RSC). The Committee also takes note of the Government’s additional information that the Ministry of Public Administration (MOPA) is holding discussions with the ILO on the outline of a framework on how the Department of Inspection for Factories and Establishments (DIFE) and the RSC could collaborate for monitoring building safety in the RMG sector. The Committee requests the Government to provide information on the work carried out by the NIRAPON initiative and the RSC, specifying the extent to which they monitor fire, electrical and structural safety in all factories previously covered by the ALLIANCE and the ACCORD, and indicating the number of inspections undertaken by each of the above-mentioned initiatives, the number and nature of corrective actions requested by each initiative, and the results of such corrective actions including – if there are factory closures – any measures to provide severance or new job prospects for affected workers. Concerning the NIRAPON initiative, the Committee requests the Government to indicate how it carries out its monitoring activities in practice while being based outside the country. The Committee also requests the Government to continue to provide information on any progress made in the development of a framework for coordinated monitoring of building safety in the RMG sector between the RSC and the DIFE.

As to its previous comments on progress towards the establishment of the Industrial Safety Unit (ISU) within the DIFE, the Committee notes the Government’s indication that a proposal to turn the Remediation Coordination Cell (RCC), which is responsible for monitoring the remediation work in all factories under the NATIONAL initiative, into a permanent ISU, has already been submitted by the DIFE and is pending approval by the MOPA. The Committee requests the Government to continue to provide information on any progress made in the establishment of the ISU within the DIFE.

Moreover, the Committee notes the information provided by the Government on the work of the NATIONAL initiative, particularly on the fact that a number of factories that fell within its scope are now closed or monitored under other initiatives or authorities (629 factories are closed, 13 joined a private initiative and 12 are under the Bangladesh Export Processing Zones Authority). The Committee also notes the Government’s indication that 101 factories have relocated or shifted building and 794 factories are undergoing follow-up by the RCC. In this respect, the Government specifies that the overall progress of the factory remediation is at 48 per cent as of June 2021. The Committee also notes from publicly available information that the escalation (compliance) protocol for remediation of 2019 aims at expediting remedial actions in the RMG factories inspected under the NATIONAL initiative. The Committee requests the Government to continue to provide information on the number of factories covered by the NATIONAL initiative as well as the number of factories undergoing follow-up by the RCC that have taken remedial actions. It also requests the Government to provide information on the implementation of the escalation (compliance) protocol for remediation of 2019 as well as its results, including the number and nature of measures adopted. Lastly, noting the absence of the information on this respect, the Committee once again requests the Government to provide information on the increase in the number of staff in the Government bodies responsible for the monitoring of fire, electrical and structural safety and their expertise or specialist qualifications and training, as well as on the number of inspections undertaken by these bodies and the corrective action requested.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes that, in reply to its previous comments on the conciliation procedure under the responsibility of the DIFE, the Government provides information on the development of the conciliation procedure regarding the payment of wages and other benefits as provided for in section 124a (payment of dues including wages through conciliations) of the Bangladesh Labour Act and section 113 (reconciliation about the wage and other dues) of the Bangladesh Labour Rules. Noting once again the absence of information in this regard, the Committee requests the Government to provide specific information on the proportion of time devoted to conciliation and mediation regarding the payment of wages and other benefits by indicating the number of complaints submitted and the number of conciliation and mediation procedures undertaken as a result.

Articles 9 and 14. Notification of industrial accidents and cases of occupational diseases. The Committee notes that, in response to its previous comments on the steps taken to improve the system for notifying the labour inspection services of industrial accidents and cases of occupational disease, the Government states that: (i) the reporting system on occupational accidents and diseases has been digitalized and integrated as a module in the Labour Inspection Management Application (LIMA), which is being upgraded; and, (ii) a technical standard operating procedure on occupational disease is currently being developed for the inspectors. The Committee takes note of the Government’s additional information that the LIMA is currently being used at all the district offices of the DIFE and that inspections are already being undertaken using this system. The Committee requests the Government to provide further information on the functioning of the digital reporting system on occupational accidents and diseases of the LIMA, including any impact that it may have on the collection of statistics of industrial accidents and cases of occupational diseases. It also requests the Government to provide information on any progress made in the development of a technical standard operating procedure on occupational disease for labour inspectors. Furthermore, noting the absence of information in this regard, the Committee once again requests the Government to provide an assessment on the reasons for the underreporting of industrial accidents and the lack of reporting of any cases of occupational disease, to which the Committee referred in its previous comments. Finally, the Committee also requests the Government to indicate whether consideration is being given to providing for sufficiently dissuasive penalties for non-compliance with reporting obligations in relation to cases of occupational disease.

Articles 20 and 21. Publication and communication of annual labour inspection reports necessary to evaluate the effectiveness of the labour inspection system. Availability of inspection statistics in relation to all sectors. With regard to its previous comments on further information on the establishment of a register of all workplaces liable to inspection, the Committee notes that the Government indicates that the process is ongoing to regularly update the information of the database of workplaces liable to inspection, which is available on the website of the DIFE, through registrations and licensing requests made in the LIMA. Lastly, the Committee notes with interest that the labour inspection reports for 2018, 2019 and 2020 have been published on the website of the DIFE. The Committee requests the Government to continue to provide information on any progress made with regard to the establishment of a register of all workplaces liable to inspection. Noting that the annual labour inspection reports partially address the matters specified in Article 21 of the Convention, the Committee requests the Government to pursue its efforts to ensure that the future annual labour inspection reports deal with all the matters specified in the abovementioned article, including with regard to: statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); and statistics of occupational diseases (Article 21(g)).

[The Government is asked to reply in full to the present comments in 2022.]

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 according 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. Observing that section 124A provides for sanctions involving compulsory labour, the Committee requested the Government to take the necessary measures to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views, or views opposed to the established system.

The Committee notes that the Government, in its report, reiterates its statement that the Penal Code does not interfere in the employer–worker relations and is applied to impose penalties on acts of violence or incitement to violence or engagement in acts aimed at violence which goes beyond the scope of application of the Convention. It also states that there are no cases where penalties involving compulsory labour are imposed for the peaceful expression of political views, or views opposed to the established political system.

The Committee recalls that 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 of penalties which may involve compulsory labour. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with civil liberties, and not limited to employer–worker relations. The range of activities which must be protected from punishment involving compulsory labour thus comprises the freedom to express political or ideological views (which may be exercised orally or through the press and other communications media), as well as various other generally recognized rights, such as the right of association and of assembly, through which citizens seek to secure the dissemination and acceptance of their views. However, the protection provided for by the Convention does not extend to persons who use violence, incite to violence or engage in preparatory acts aimed at violence (paragraphs 302 and 303 of the 2012 General Survey on the fundamental Conventions). In this connection, the Committee observes 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 in so far as it is enforceable with sanctions involving compulsory labour, it falls within the scope of the Convention. The Committee therefore once again requests the Government to take the necessary measures to ensure that no penalties involving compulsory labour may be imposed for the peaceful expression of political views, or views opposed to the established system, by clearly restricting the scope of section 124A of the Penal Code to situations connected with the use of violence or incitement to violence, or by repealing sanctions 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.

The Committee is raising other matters in a request addressed directly to the Government.

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.

Articles 3(a), 5 and 7(1) of the Convention. Worst forms of child labour, monitoring mechanisms and penalties. Sale and trafficking of children. The Committee previously noted the establishment of an Anti-Human Trafficking Offence Tribunal at the district level wherein the offences under the Prevention and Suppression of Human Trafficking Act No. 3 of 2012 (Trafficking Act) shall be tried. While observing that the Government did not provide statistics related to the number of penalties imposed on persons found guilty of child trafficking specifically, the Committee noted from the 2016 UNODC Global Report on Trafficking in Persons, that 232 child victims of trafficking were identified by the police between May 2014 and April 2015. It also noted from the list of issues of 14 February 2017 under the International Covenant on Civil and Political Rights (ICCPR), that the Human Rights Committee pointed out that there seemed to be numerous acquittals in human trafficking cases for the number of prosecutions.

The Committee notes the Government’s information in its report that the Police has set up two tiers of monitoring cells, namely the Human Trafficking Monitoring Cell at the Police Headquarters in each district and a Monitoring Cell headed by the Additional Superintendent of Police which has been monitoring, guiding and liaising with the district level monitoring cells. A Trafficking in Human Beings (THB) Cell has also been set up in the Criminal Investigation Department (CID) of the Bangladesh Police to monitor the investigation of human trafficking cases and to provide necessary instructions and guidance to the field level officers. Moreover, an ‘Integrated Crime Data Management System’ (CDMS) has been set up at the Monitoring Cell in Police Headquarters where relevant statistics on human trafficking cases are regularly preserved and analysed. According to the statistical information provided by the Government concerning cases of trafficking in persons, from 2018 to 2020, a total of 715 cases of trafficking were reported, which included cases involving the trafficking of 182 children. It further states that, as of June 2021, 554 cases are under investigation while 4,945 cases are pending trial before the tribunal. The Committee once again observes that the Government has not provided any specific information concerning the investigations, prosecutions and penalties applied for trafficking of children. The Committee therefore once again urges the Government to take the necessary measures to ensure that, in practice, thorough investigations and prosecutions are carried out for persons who engage in the trafficking of children, and that sufficiently effective and dissuasive sanctions are imposed. In this regard, the Committee once again requests the Government to provide information on the number of investigations, prosecutions, convictions and penal sanctions applied by the Anti-Human Trafficking Offence Tribunal for the offence of trafficking in persons under 18 years of age, in accordance with the provisions of the Trafficking Act.

Articles 3(d) and 5. Hazardous work and labour inspection. In its previous comments, the Committee noted the information on the measures taken to strengthen the capacity of the labour inspectors of the Department of Inspection for Factories and Establishments (DIFE). It also noted that the DIFE regularly inspects the shrimp and dried fish industries, the construction sector, brick factories and tanneries and the ready-made garment sector and that as of 2016, a total of 95 cases were filed by the DIFE against employers for employing children below the minimum age. However, it noted from the National Child Labour Survey (NCLS) findings published in 2015, that 1.28 million children aged 5 to 17 were found to be engaged in hazardous work in manufacturing (39 per cent); agriculture, forestry and fishing (21.6 per cent); wholesale and retail (10.8 per cent); construction (9.1 per cent); and transportation and storage (6.5 per cent). The Committee requested the Government to continue taking measures to strengthen the capacity and improve the ability of labour inspectors of the DIFE to detect all children under the age of 18 engaged in hazardous work, and to provide information on the progress achieved in this regard.

The Committee notes the Government’s information that from 2020 to 2021, more than 47000 inspections were carried out and 98 cases were filed by the DIFE against employers for employing children in violation of the Bangladesh Labour Act 2006 (as amended up to 2018), of which 14 cases were settled. The Committee also notes the Government’s indication that the DIFE withdrew 5,088 children from hazardous work during 2020–21. The Committee notes, however, the Government’s statement in its report under the Minimum Age (Industry) Convention (Revised), 1937 (No. 59) that the inspectors are mandated for inspection of child labour in the formal sector. However, child labour is mostly concentrated in the informal sector where regular inspection is not possible.

In this regard, the Committee notes from the draft National Plan for the Elimination of Child Labour 2021–25 that according to the Multiple Indicator Cluster Survey of 2018, child labour continues to affect 6.8 per cent of children aged 5–17 years with a massive majority of 95 per cent working in the informal sector which includes: food shop and tea stalls, motor and steel workshops, grocery and furniture shops, clothing and tailoring and waste collection. The Committee further notes from the UNICEF research document of 2021 entitled “Evidence on Educational Strategies to Address Child Labour in India and Bangladesh” (UNICEF document 2021) that although the findings from the two NCLS of 2003 and 2015 indicates a significant drop in child labour levels in Bangladesh, the number of children engaged in hazardous work decreased by just 0.01 million, from 1.29 to 1.28 million. This report also points to the fact, based on the findings of the NCLS of 2015, that over 1 million children identified as hazardous child labourers are invisible to the formal authorities. In this regard, the Committee notes that the Committee on Economic, Social and Cultural Rights in its concluding observations of April 2018, expressed concern about the large number of children still engaged in child labour, their dire conditions of work, particularly in domestic settings, and the lack of sufficient labour inspections focusing on child labour (E/C.12/BGD/CO/1, paragraph 54). While noting the measures taken by the Government, the Committee must once again express its concern at the significant number of children who are engaged in hazardous work, particularly in the informal economy. The Committee strongly urges the Government to take the necessary measures, in law and practice, to strengthen and adapt the capacities and expand the reach of the labour inspectors to ensure that children under the age of 18 years are not engaged in hazardous work, particularly in the informal economy and that they benefit from the protection afforded by the Convention. In this regard, the Committee requests the Government to take the necessary measures to promote collaboration between the labour inspectorate and other relevant stakeholders and to provide adequate training to the labour inspectors to detect cases of children engaged in hazardous work and remove them from this worst form of child labour. It requests the Government to provide information on the measures taken in this regard and on the results achieved.

Articles 3(d) and 7(2)(d). Hazardous work and effective and time-bound measures. Identifying and reaching out to children at special risk. Child domestic workers. The Committee previously noted that the Domestic Workers’ Protection and Welfare Policy of 2015 (DWPWP) provides the legal framework for the protection of domestic workers, including child domestic workers. By virtue of this policy, any kind of indecent behaviour, physical or mental torture, towards domestic workers, is strictly prohibited and existing laws, including the Penal Code and the Women and Child Repression Prevention Act, are applicable. While this Policy sets the minimum age for light domestic work at 14 years, and hazardous domestic work at 18 years, the Committee observed that children of 12 years of age could possibly be employed with the consent of the legal guardian of the child. The Committee therefore requested the Government to provide information on the measures it envisages in the framework of this Policy, to ensure that all children under 18 years of age are protected from performing hazardous work in the domestic work sector.

The Committee notes the Government’s information in its report that the DWPWP provides guidelines for the working conditions and safety of domestic workers, a decent working environment, decent wages and welfare enabling workers to live with dignity, good employer–employee relations, and redress of grievances. Appropriate actions in line with the existing laws will be taken in case of any physical or mental torture or engaging child domestic workers in hazardous work. The Government also indicates that a “Central Monitoring Cell on Domestic Workers” has been created to monitor implementation of this Policy and two divisional level workshops were organized in 2019 as part of the awareness raising campaign of this Policy. However, the Committee notes from the draft document on the National Action Plan for the Elimination of child labour 2020-25 (NPA document) that a study on the DWPWP revealed that only 7 per cent of the employers were aware of this policy and identified poor media coverage and illiteracy as the prime reasons behind poor policy awareness. The NPA document also states that the Policy establishes a very loose grievance settlement process in which a domestic worker has to report to the Central Monitoring Cell, human rights organisations or child help line for any support. This Policy, without any supportive legal instrument and mass awareness, is largely unimplemented. This document also refers to the findings of the NCLS of 2015 which indicates that 115,658 children aged between 5 and 17 years are domestic workers in Bangladesh, of which 91 per cent are girls. The Committee once again recalls that child domestic workers constitute a high-risk group who are outside the normal reach of labour controls and are scattered and isolated in the households in which they work. This isolation, together with the children’s dependency on their employers, lays the ground for potential abuse and exploitation. In many cases, the long hours, low or no wages, poor food, overwork and hazards implicit in the working conditions, affect the children’s physical health (General Survey on the fundamental Conventions, 2012, paragraph 553). The Committee therefore urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration. It requests the Government to indicate the measures taken or envisaged by the Central Monitoring Cell on Domestic Workers in ensuring that children under 18 years of age are not engaged in hazardous domestic work. In addition, the Committee requests the Government to provide information on the imposition, in practice, of sufficiently effective and dissuasive penalties on persons who subject children under 18 years of age to hazardous work.

The Committee is raising other matters in a request addressed directly to the Government.

Article 6 of the Convention. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action (NPA) for Suppression and Prevention of Human Trafficking 2018–2022. The Committee notes the Government’s information that it has implemented two National Plan of Actions for Combating Human Trafficking during 2012 to 2014 and 2015 to 2017 and has adopted a new NPA for 2018 to 2022. This NPA focuses on five areas of action, namely (1) prevention of human trafficking; (2) holistic protection of trafficking victims; (3) prosecution of traffickers; (4) partnership and cross-country legal assistance; and (5) monitoring and evaluation. The Committee also notes from the document on the new NPA to Eliminate Child Labour 2020-2025 that the NPA on Prevention and Suppression of Human Trafficking 2018-2022 addresses the issue of child trafficking. It recognizes the special protections needed for children both vulnerable to and victims of trafficking. It has also promoted child participation in the partnership cluster by including child representatives in the Counter-Trafficking Committees (CTCs). The Committee requests the Government to provide information on the specific measures taken within the framework of the NPA on Prevention and Suppression of Human Trafficking 2018-2022 to eliminate trafficking of children and the results achieved.

2. Projects on elimination of hazardous child labour. In its previous comments, the Committee noted the various measures undertaken within the framework of the National Plan of Action on Child Labour (NPA) 2012-16, including the adoption of policies on occupational safety and health and on the protection of domestic workers; the adoption of the list of hazardous types of work; and the organization of workshops and seminars on different aspects of the elimination of child labour. The Committee, however, noted that according to the National Child Labour Survey (NCLS) of 2015, out of 3.45 million child labourers aged 5 to 17 years, 1.7 million are considered engaged in child labour, among which 1.28 million children are engaged in hazardous work, in sectors such as manufacturing, agriculture, forestry and fishing, construction, and more. Among the 1.28 million children engaged in hazardous work, 32,808 are in the 6–11 age group, 38,766 in the 12–13 age group, and 1,208,620 in the 14–17 age group. The Committee therefore urged the Government to continue its efforts to combat hazardous child labour in the country.

The Committee notes the Government’s information that the Eradication of Hazardous Child Labour Project in Bangladesh has completed its three phases and the fourth phase is in progress. Within this project, 90 thousand children have been withdrawn from child labour through non-formal education, skills development training and the socio-economic empowerment of their parents. The fourth phase has a target to remove 100,000 children from hazardous work. The Committee also notes the Government’s information that a new NPA to Eliminate Child Labour 2020-2025 has been drafted drawing up actions relevant to address child labour from the Sustainable Development Goal (SDG) implementation plan of the Government.

According to the NPA document (2020–2025), this National Plan of Action aims to eliminate the worst forms of child labour by 2021 and all forms of child labour by 2025, through focussing on five objectives, namely: (i) reducing vulnerability to child labour; (ii) withdrawing children from hazardous work and the worst forms of child labour; (iii) increased capacity to protect children at the workplace; (iv) partnership and multi-sectoral engagement; and (v) monitoring and evaluation of NPA implementation. The Committee also notes from this document that in addition to the currently listed hazardous child labour, this NPA shall set priority on six additional manifestations of child labour, namely; child domestic worker; child labour in the dry fish sector; children working on the street; stone collection, carrying and crushing (brick production, stone collection, brick and stone carrying and breaking); child labour in informal/local tailoring and clothing sectors; and children working in garbage picking and waste disposal (collection, carrying, sorting and waste disposal/management). The Committee requests the Government to provide information on the adoption and implementation of the NPA to Eliminate Child Labour 2020-2025, including the concrete measures taken to eliminate the worst forms of child labour and the results achieved. It also requests the Government to continue to provide information on the specific measures adopted and the results achieved through the implementation of other projects, such as the Eradication of Hazardous Child Labour project.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, while noting that there was an increase in the net enrolment rate at the primary level and a decrease in the drop-out rate at the secondary level, the Committee noted with concern that the enrolment at the secondary level had significantly decreased, going down from 72.95 per cent in 2010 to 54.50 per cent in 2016. The Committee also observed that the Committee on the Rights of the Child, expressed concern about the limited implementation of the National Education Policy due to the lack of adequate resources (CRC/C/BDG/CO/5, para. 66); and the Committee on the Elimination of Discrimination Against Women, expressed concern that the number of girls in school drops by half between the primary and secondary levels of education owing, among other things, to child marriage, sexual harassment, the low value placed on girls’ education, poverty and the long distances to schools in rural and marginalized communities (CEDAW/C/BGD/CO/8, para. 28(a)).

The Committee notes the Government’s information that the country has almost achieved universal primary education in terms of enrolment with the gross and net enrolment rates reaching 104.90 per cent and 97.81 per cent, respectively in 2020. The primary education completion rates also increased from 60.2 per cent in 2010 to 82.80 per cent in 2020, while the drop-out rates reduced from 39.8 per cent to 17.20 per cent. The Government states that it is continuing its efforts by undertaking different policies and measures in order to achieve the SDG 4 of ensuring inclusive and equitable quality education for all by 2030. These measures include: (i) the Reaching out of School Project, under which, 25,000 students received pre-vocational training and almost 720,000 children undertook basic education; (ii) a School feeding programme which is provided to 3 million children; and (iii) a Stipend and kits allowance which is made available to around 14 million children. In addition, 1,495 new schools were established in villages, and various infrastructure developments essential for education were constructed. The Government further states that through the Primary Education Development Programme under the Bureau of Non-Formal education, one million out of school children, both boys and girls, will benefit from non-formal primary education. Moreover, the Child Protection and Monitoring Project of 2017-2021, which has been extended up to December 2022, aims to create an enabling environment for boys and girls of primary school age, especially from hard to reach and vulnerable areas.

The Committee further notes from the UNICEF document of 2021 that the schooling rates for girls in Bangladesh have increased rapidly over the last two decades. Furthermore, according to the Education Sector Analysis for Bangladesh, 2020 by the Global Partnership for Education (GPE), there has been a substantial improvement in the enrolment of girls and boys in secondary education with girls surpassing boys. The transition of primary completers to secondary education is around 95 per cent. The net enrolment rate was about two-thirds of the designated secondary school age-group (11–15 years) and just over one-third of the higher secondary age group (16–17 years) in 2018. The rates of completion have lagged at just over one-third of the enrolled for secondary and one-fifth at the higher secondary stage. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to provide access to free basic education for all children, thereby ensuring enrolment and retention of students both in primary and secondary education. The Committee also requests the Government to continue providing updated statistical data on school enrolment and drop-out rates, disaggregated by age and gender.

Clause (d). Children at special risk. 1. Street children. The Committee notes from the Government’s report that the Ministry of Women and Children Affairs (MOWCA) operates two shelters and outreach schools for street children through a program named “Street Children Rehabilitation Program”. This program has provided shelter to 4623 street children and non-formal education to 5157 street children through nine outreach schools. In the rehabilitation centre, street children are provided with shelter, food, clothing, non-formal education, psycho social counselling, and healthcare. The Committee, however, notes from a UNICEF report of 2020 entitled “For many in Bangladesh, staying home isn’t an option” that hundreds of thousands of children are living on the streets in Bangladesh. Recalling that street children are at particular risk of becoming engaged in the worst forms of child labour, the Committee requests the Government to take effective and time-bound measures to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken and the results achieved in this respect.

2. Refugee children. The Committee notes from a report of the United Nations Office on Drugs and Crime of March 2020 that Cox’s Bazar (refugee camp) is considered as one of the hotspots for human trafficking in Bangladesh, and the Bay of Bengal is a major trafficking route by sea. This report also indicates that according to a report of the International Organization for Migration (IOM), human trafficking is on the rise in the sprawling 6,000-acre refugee camp with more than 350 cases identified in 2019, approximately 15 per cent of which involved children. The Committee requests the Government to take effective and time-bound measures to protect refugee children from the worst forms of child labour. It also requests the Government to provide information on the concrete measures taken and the results achieved in this regard.

Article 8. International cooperation and assistance. 1. Trafficking. In its previous comments, the Committee noted the Government’s information that it took initiatives to halt cross-border human trafficking through the coordination and cooperation of the Rescue, Recovery, Repatriation and Integration (RRRI) Task Forces in Bangladesh and India and that a Standard Operating Procedure (SOP) was developed in this regard. It also noted that considering the prevalence of trafficking in Bangladesh and India, a Memorandum of Understanding (MoU) was signed by the two countries.

The Committee notes the information provided by the Government in its report under the Forced Labour Convention (1939) (No. 29) that in 2020, the Border Guards rescued 191 children while being trafficked abroad through different bordering areas. This report also indicates that the RRRI Task Force has established a Child Affairs Desk and assigned Child Affairs Police Officers in every police station throughout the country. Training on Child Affairs Desk Skills were provided to 1,785 officials. The Committee also notes from a news release of 2019 of the IOM entitled “Human Trafficking in the coastal belt”, that human trafficking is a major challenge in Bangladesh, with the coastal belt and the borders along India being some of the most vulnerable locations. This news release also refers to a study by border security forces, 2018, which suggests that over 50,000 women and children are trafficked to India each year. The study says that there is a network of touts, agents, and sub-agents who lure people into danger by promising better lives abroad. The Committee requests the Government to provide information on the measures taken or envisaged to combat the trans-border trafficking of children, including within the framework of the MoU as well as by the Border Guards and the RRRI Task Force and on the measures taken to ensure their rescue, repatriation and rehabilitation.

2. Elimination of poverty. Following its previous comments, the Committee takes note of the Government’s detailed information regarding the proportion of the budget which was allocated to social protection and social empowerment programmes, as well as the plans and policies it has adopted to reduce poverty. According to the Government’s report, various programmes are being implemented as part of the National Social Security Strategy (NSSS), including Ekti Bari Ekti Khamar (one household one farm), Ahsrayan (shelter) Project, and Grehayan (Housing) Project. Furthermore, specific measures for children have been included in the NSSS, such as the introduction of allowances for abandoned children, orphans and for children below 4 years from poor families; the school tiffin system; and the establishment of child centres. The Social Safety Net Program of the MOWCA has introduced the Vulnerable Group Development programme, through which about 1,040,000 ultra-poor households receive monthly food rations and development support services, including life skills and income generating skills training for a cycle of two years. Noting that poverty reduction programmes contribute towards breaking the cycle of poverty, which is essential for eliminating the worst forms of child labour, the Committee strongly encourages the Government to continue taking the necessary measures to ensure that the NSSS, the Social Safety Net Program, and all other such initiatives, are implemented in such a way as to step up the process of elimination of the worst forms of child labour in Bangladesh. The Committee requests the Government to continue providing information on the progress made in this respect and the results achieved.

The Committee takes note of the supplementary information provided by the Government on 15 September 2020 in response to a complaint pending under article 26 of the ILO Constitution. In light of the decision adopted by the Governing Body at its 338th Session (June 2020), the Committee proceeded with the examination of the application of the Convention on the basis of this supplementary information received from the Government and the observations submitted by the social partners this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes that the mentioned complaint under article 26 of the ILO Constitution – alleging non-compliance by Bangladesh with this Convention, as well as the Labour Inspection Convention, 1947 (No. 81), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98) – is pending before the Governing Body. At its 340th Session (October–November 2020), the Governing Body, in view of the information communicated by the Government on the situation of freedom of association in the country and taking due note both of the Government’s commitment to continue to further improve the overall situation and to address the outstanding issues before the supervisory bodies: (i) requested the Government to develop, with the support of the Office and of the secretariat of the Workers’ and Employers’ groups, and in full consultation with the social partners concerned, a time-bound roadmap of actions with tangible outcomes to address all the outstanding issues mentioned in the complaint submitted under article 26 to the 108th Session of the International Labour Conference (2019); (ii) requested the Government to report on progress made in that regard to the Governing Body at its next session; and (iii) deferred the decision on further action in respect of the complaint until its 341st Session (March 2021).

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019 and 15 September 2020, referring to matters addressed in this comment and alleging violent crackdown on strikes of garment workers, as well as continued retaliation against workers in connection with trade union activities and surveillance of trade unionists by the authorities.

The Committee notes the 2018 amendment of the Bangladesh Labour Act, 2006 (BLA) and the adoption of the 2019 Export Processing Zones Labour Act (ELA).

Civil liberties. In its previous comments, the Committee expressed deep concern at the continued violence and intimidation of workers and urged the Government to provide information on the remaining specific allegations of violence and intimidation and to take all necessary measures to prevent such incidents in the future and ensure that, if they occur, they are properly investigated. The Committee further notes the Government’s general statement that: any case of grave allegations of violence and intimidation is investigated by the Department of Police or the Ministry of Home Affairs; preventive measures have been put in place, including awareness-raising, training and seminars for police personnel on human and labour rights; and 29 committees have been formed in eight labour-intensive districts, comprised of officials from the Department of Labour (DOL) and the Department of Inspection for Factories and Establishments (DIFE), with the aim of ensuring peaceful and congenial working conditions in ready-made garment (RMG) factories through a number of concrete activities, such as resolving adverse situations in consultation with workers’ and employers’ representatives, publicizing the helpline introduced by the DIFE, reporting to the Ministry on the prevailing labour situation, etc. According to the supplementary information provided by the Government, there are also proposals to further increase the manpower of the DIFE with additional 1,698 positions, including senior positions.

The Committee notes, however, with concern the allegations of violent suppression by the police of several workers’ protests in 2018 and 2019 communicated by the ITUC, which denounce the use of rubber bullets, tear gas and water cannons, and the raiding of homes and destruction of property, as a result of which one worker was killed and more than a hundred injured, as well as the filing of false criminal complaints against hundreds of named unionists and thousands of unnamed persons. The Committee notes the Government’s detailed reply thereto and observes that no information was provided in respect of: (i) the alleged injuries to 20 rickshaw drivers during suppression of protests in April 2018; (ii) the alleged injuries to 25 jute mill workers after dispersal of two protests in Chittagong in August 2018; (iii) the alleged injuries to ten garment workers during a protest over non-payment of wages in Gazipur in September 2018; and (iv) the alleged repression of export-processing zones (EPZs) workers for attempting to exercise their limited rights permitted under the law. The Committee further notes with concern the 2020 ITUC allegations referring to: (i) violent crackdowns on strikes in September 2019 and July 2020, resulting in injuries to the workers; (ii) continued anti-union retaliation against garment sector workers, including blacklisting and pending criminal charges against hundreds of workers in connection with the December 2018 and January 2019 minimum wage protests; and (iii) increased pressure and state surveillance of garment federations by a newly-formed unit in the Department of National Security, which resulted in at least 175 trade union leaders and active members being blacklisted and 26 of them facing criminal and civil charges. In this regard, the Committee recalls once again that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations. The Committee notes that the Committee on Freedom of Association has also been examining allegations of mass retaliation, criminalization, continued surveillance and intimidation of workers for trade union activities, with 19 criminal cases pending against more than 520 workers, in relation to the December 2018 and January 2019 minimum wage protests (see 392nd Report, October 2020, Case No. 3263, paragraphs 266–287). The Committee requests the Government to provide information on the remaining specific allegations of violence and repression, as well as on the 2020 ITUC allegations, including to report on any investigations or prosecutions initiated and the results thereof.

The Committee encourages the Government to continue to provide all necessary training and awareness-raising to the police and other State agents to sensitize them about human and trade union rights with the aim of avoiding the use of excessive force and ensuring full respect for civil liberties during public assemblies and demonstrations, and requests the Government to take all necessary measures to prevent such incidents of violence and repression in the future and ensure that, if they occur, they are properly investigated.

Article 2 of the Convention. Right to organize. Registration of trade unions. In its previous comment, having observed that the number of rejected applications for registration remained high, the Committee requested the Government to continue to take all necessary measures to ensure that the registration process is a simple formality; to provide updated statistics as to the overall number of applications for registration received, accepted and rejected, and to clarify the status of the 509 applications submitted through the online system, which were not granted. The Committee notes the Government’s indication that: (i) the Standard Operating Procedures (SOPs) have been incorporated in the 2018 amendment of the BLA as a new section and the concerned officials received training on the subject; (ii) after the adoption of the SOPs, the success rate in union registration has increased from 70 per cent in 2017 before the adoption of the SOPs to 81 per cent after their adoption, 82 per cent in 2018, 73 per cent in 2019 and 86 per cent in 2020 (the overall number of registered trade unions increased from 6,580 in December 2012 to 8,342 in August 2020, whereas the number of trade unions in the RMG sector grew from 132 to 945); (iii) although the rejection rate remains high it can be further reduced through training of concerned DOL officials and workers and, with support from the ILO, effort is being taken in this regard; (iv) if an application for registration is incomplete, the applicant may resubmit it after having complied with the Registrar’s observations or appeal to the Labour Court within 30 days; sometimes, instead of taking legal action, the applicants submit repeated applications which can be a cause for repeated rejection; (v) if an application is incomplete due to non-fulfilment of the requirements or lacking information and the concerned parties are not able to meet the objection raised by the Registrar within 15 days, the application will be filed without any action; (vi) there are no cases of arbitrary refusal of registration but applications can be rejected for not meeting one of the requirements set out in the BLA and the decision is communicated to the applicant by registered post; (vii) the time limit for the DOL to register a trade union was reduced from 60 to 55 days and the time limit to communicate any objection to the applicant and for the applicant to reply was reduced from 15 to 12 days (section 182(1), (2) and (4)); (viii) on the basis of 546 applications granted between March 2015 and April 2018, the average time for registration is 45 days; (ix) the provisions for online registration are not yet mandatory according to the BLA and workers require intensive training on online registration, for which a request has been submitted to the ILO, Dhaka; (x) due to the huge volume of documents that have to be submitted and considering that the online registration is not yet mandatory, the applicants and the service providers follow a combination of the manual and online systems; (xi) due to the upgrading of the software the public database on registration is currently unavailable for a limited period; (xii) once the upgrade is complete, the database will include information on applications for registration accepted and rejected, registration of sectoral and national federations and confederations, trade union-related court cases, conciliation, election of collective bargaining agents, anti-union discrimination and information on participation committees; (xiii) as for the 509 applications for registration referred to previously, they were processed manually; (xiv) trade union registration functions of the DOL have been decentralized and there are now 16 offices mandated to give registration (head office, six divisional labour offices and nine regional labour offices); and (xv) the Government has completed the upgrade of the Directorate of Labour to a Department of Labour, which has resulted in an increase of manpower from 712 to 921, a considerable increase in the DOL budget, and the creation of two additional divisional labour offices.

The Committee takes note of the detailed information provided by the Government and welcomes the increase of manpower of the DOL, as well as the decentralization of registration, which have the potential to increase the rapidity and efficiency of the registration process. The Committee observes however, that despite the Government’s efforts to simplify the process and ensure its transparency, registration seems to remain overly complicated, obliging the applicants to comply with stringent conditions and submit numerous documents, leading to the online registration not being fully functional. While duly noting the reported decrease in the rate of rejections of trade union registration applications (from 26 per cent reported in 2019 to 14 per cent reported in 2020), the Committee recalls that this number seems to refer only to the rejection of complete applications and does not include applications which the Registrar deems to be incomplete and which are then filed by the DOL without further action. The Committee also notes in this connection that, according to the ITUC, the registration process remains extremely burdensome, the SOPs fail to prevent arbitrary denial of applications, the Registrar routinely imposes conditions not based in the law or regulations and the Joint Director of Labour retains total discretionary power to refuse registration for false or fabricated reasons. In light of the above, while welcoming the decrease in the rate of rejections of trade union registration applications and noting the Government’s commitment to a further reduction in the number of rejected trade union applications, the Committee encourages the Government to continue to take all necessary measures to ensure that registration is, both in law and practice, a simple, objective, rapid and transparent process, which does not restrict the right of workers to establish organizations without previous authorization. It encourages the Government to explore, in cooperation with the social partners, concrete ways of simplifying the registration process to make it more user-friendly and accessible to all workers, as well as to provide, where necessary, training to workers on submitting complete and duly documented applications for trade union registration. It also encourages the Government to provide comprehensive training to divisional and regional officers who, following the decentralization of the registration process, are responsible for registration of trade unions, so as to ensure that they have sufficient knowledge and capacities to handle applications for registration rapidly and efficiently. While further noting the technical difficulties currently encountered, the Committee trusts that both the online registration system and the publicly available database will be fully operational in the near future so as to ensure total transparency of the registration process. Regretting that the Government fails to provide full statistics on registration, the Committee requests it once again to provide updated statistics on the overall number of applications submitted, granted, filed and rejected, disaggregated by year and sector.

Minimum membership requirements. In its previous comments, the Committee urged the Government to continue to take the necessary measures to review sections 179(2) and 179(5) of the BLA without delay, in consultation with the social partners, with a view to truly reducing the minimum membership requirement. The Committee notes the Government’s indication that: (i) through the 2018 BLA amendment, the minimum membership requirement to form a trade union and maintain its registration has been reduced from 30 to 20 per cent of the total number of workers employed in the establishment in which a union is formed; (ii) since this reduction, a total of 216 trade unions have been registered; (iii) section 179(5) of the BLA which limits the number of trade unions in an establishment or group of establishments to a maximum of three might require some time to amend; and (iv) both issues may be considered at the next revision of the BLA. While welcoming the reduction in the minimum membership requirement, the Committee observes that the 20 per cent threshold is still likely to be excessive, especially in large enterprises, and notes that, according to the ITUC, it does in practice constitute a hurdle for the workforce to organize in large companies. The Committee also observes that a trade union formed in a group of establishments (defined as more than one establishment in a particular area carrying out the same or identical industry) can only be registered if it has as members not less than 30 per cent of the total number of workers employed in all establishments, an excessive requirement that unduly restricts the right of workers to establish sectoral or industry unions. The Committee requests the Government to clarify whether, in handling applications for registration, the reduced minimum membership requirement is being applied even in the absence of adjustments to the Bangladesh Labour Rules (BLR) and, should this not be the case, to take the necessary steps without delay to apply these amendments so as to facilitate trade union registration and to indicate the results once it has been applied. The Committee also requests the Government to indicate whether the reduced minimum membership requirement has had any impact on the overall number of trade union registrations submitted and granted, especially in large enterprises. Noting the Government’s openness to further reducing the threshold, the Committee expects the Government to engage in meaningful discussions with the social partners in order to: continue to review the BLA with the aim of reducing the minimum membership requirements to a reasonable level, at least for large enterprises and trade unions in a group of establishments; amend section 179(5); and repeal section 190(f) that allows for cancellation of a trade union if its membership falls below the minimum membership requirement.

With regard to the application of the BLA to workers in the agricultural sector, the Committee notes the Government’s indication that the BLA is applicable to workers engaged in commercial agricultural farms where at least five workers are employed – they can participate in trade union activities and collective bargaining – and that small agricultural farms where less than five workers are employed are characterized by low productivity and subsistence farming and generally do not express any interest in trade union activities. While noting the Government’s explanation, the Committee recalls that workers in small farms should also be allowed to form or at least join existing trade unions, even if in practice this may not result in a common occurrence. The Committee had also previously requested the Government to clarify, under this Convention and the Right of Association (Agriculture) Convention, 1921 (No. 11), whether Rule 167(4) of the BLR establishes a 400 minimum membership requirement to form an agricultural trade union and to provide information on its effects in practice and its impact on the right of agricultural workers to form trade union organizations of their own choosing. The Committee notes the Government’s statement that workers in mechanized farms run for commercial purposes may organize according to the existing provisions of the BLA (the Government provides statistics on the number of existing trade unions in various agricultural sectors) and workers in family-based subsistence farms characterized by few workers can form groups of establishment under Rule 167(4). The Government further explains that Rule 167(4) erroneously referred to the requirement of 400 workers to form a trade union but that this requirement has been redefined through a gazette notification in January 2017. The Rule thus provides an opportunity for workers engaged in field crop production to form a group of establishments in every subdistrict or district, if there are at least five workers in each farm and a minimum of 400 workers unite (there are 18 such entities registered with the Department of Labour). According to the Government, since 77 per cent of the population lives in villages and agriculture represents the main source of livelihood, this membership requirement is not too high. Taking due note of the Government’s clarification but observing that the requirement of 400 workers to form a group of establishments in one district might still be excessive, especially considering that, in order to reach the 400 threshold, a large number of small family farms would need to unite, the Committee requests the Government to endeavour to reduce this requirement, in consultation with the social partners, to a reasonable level so as not to unduly restrict the right to organize of agricultural workers.

Articles 2 and 3. Right to organize, elect officers and carry out activities freely. Bangladesh Labour Act. In its previous comments, the Committee had urged the Government to take the necessary measures, in consultation with the social partners, to continue to review and amend a number of provisions of the BLA in order to ensure that any restrictions on the exercise of the right to freedom of association are in conformity with the Convention. The Committee notes the detailed information provided on tripartite consultations held before the 2018 BLA amendment, as well as the Government’s indication that reform in the labour sector has been a part of national political commitment. The Committee notes with satisfaction the following modifications introduced in the BLA: addition of section 182(7) instructing the Government to adopt SOPs for the processing of applications for registration of trade unions; repeal of section 184(2)–(4) imposing excessive restrictions on organizing in civil aviation; repeal of section 190(d) allowing cancellation of a trade union due to violation of any of the basic provisions of its constitution; repeal of section 202(22) providing for automatic cancellation of a union if, in an election for determination of collective bargaining agent, it obtains less than 10 per cent of the total votes cast; addition of section 205(12) stating that there is no requirement to form a participation committee in an establishment where there is a trade union; and addition of section 348(A) which provides for the establishment of a Tripartite Consultative Council to provide advice to the Government on matters related to law, policy and labour issues.

The Committee welcomes the clarification that workers in the informal sector do not need to provide identity cards issued by an establishment when unions apply for registration but can also use a national identity card or birth registration certificate (section 178(2)(a)(iii)), as well as the replacement of the obligation to obtain approval from the Government by an obligation to inform the Government of any funds received from any national or international source, except union dues (section 179(1)(d)). The Committee further welcomes the reduction of the requirement of support of two thirds of trade union members to call a strike to 51 per cent (section 211(1)). The Committee also notes that the 2018 amendments introduced section 196(4) providing for the adoption of SOPs for investigating unfair labour practices on the part of the workers and reduced by half the maximum prison sentence imposable on workers for a series of violations – unfair labour practices, instigation and participation in an illegal strike or a go-slow, participation in activities of unregistered trade unions and dual trade union membership (sections 291(2)–(3), 294–296, 299 and 300). However, the Committee observes that the sanctions still include imprisonment for activities that do not justify the severity of the sanction and recalls that it has been requesting the Government to eliminate such penalties from the BLA and to let the penal system address any possible criminal acts.

Taking due note of the above amendments introduced to improve compliance with the Convention, the Committee expects them to be applied in practice without delay so as to enhance the right to organize of workers and employers and requests the Government to indicate whether they are fully in force and applied or whether their application is dependent upon the issuance of a revised BLR.

The Committee regrets that many other additional changes it has been requesting for a number of years have either not been addressed or have been addressed only partially, including some that were previously announced by the Government for amendment. In this regard, the Committee emphasizes once again the need to further review the BLA to ensure its conformity with the Convention regarding the following matters: (i) scope of the law – restrictions on numerous sectors and workers remain, including, among others, Government workers, university teachers and domestic workers (sections 1(4), 2(49) and (65) and 175); (ii) one remaining restriction on organizing in civil aviation (section 184(1) – the provision should clarify that trade unions in civil aviation can be formed irrespective of whether they wish to affiliate with international federations or not); (iii) restrictions on organizing in groups of establishments (sections 179(5) and 183(1)); (iv) restrictions on trade union membership (sections 2(65), 175, 193 and 300); (v) interference in trade union activity, including cancellation of registration for reasons that do not justify the severity of the act (sections 192, 196(2)(b) read in conjunction with 190(1)(c), (e) and (g), 229, 291(2)–(3) and 299); (vi) interference in trade union elections (section 180(1)(a) read in conjunction with section 196(2)(d), and sections 180(b) and 317(4)(d)); (vii) interference in the right to draw up constitutions freely by providing overly detailed instructions (sections 179(1) and 188 (in addition, there seems to be a discrepancy in that section 188 gives the DOL the power to register and, under certain circumstances, refuse to register any amendments to the constitution of a trade union and its Executive Council whereas Rule 174 of the BLR only refers to notification of such changes to the DOL who will issue a new certificate)); (viii) excessive restrictions on the right to strike (sections 211(3)–(4) and (8) and 227(c)) accompanied by severe penalties (sections 196(2)(e), 291(2)–(3) and 294–296); and (ix) excessive preferential rights for collective bargaining agents (sections 202(24)(b), (c) and (e) and 204 (while noting the minor amendments to sections 202 and 204, the Committee notes that they do not address its concerns in that they limit the scope of action of trade unions other than the collective bargaining agents). Furthermore, the Committee previously requested the Government, under Convention No. 11, to indicate whether workers in small farms consisting of less than five workers can, in law and practice, group together with other workers to form a trade union or affiliate to existing workers’ organizations (section 1(4)(n) and (p) of the BLA).

In light of the numerous provisions mentioned above which still need to be amended to bring the BLA fully in line with the Convention, the Committee encourages the Government to engage rapidly with the Tripartite Consultative Council (TCC) referred to in section 348(A) so as to pursue the legislative review of the BLA. It requests the Government to provide information on the composition, mandate and functioning in practice of the TCC and trusts that, in the next revision of the BLA, these comments will be duly taken into account to ensure that its provisions are in full conformity with the Convention.

Bangladesh Labour Rules. In its previous comments, the Committee requested the Government to review a number of BLR provisions to bring them in line with the Convention and trusted that during the revision process its comments would be duly taken into account. The Committee notes the Government’s indication that, following the amendment of the BLA, revision of the BLR is a priority action for the Government and a tripartite committee, composed of six representatives of the Government and three representatives of workers and employers each, has already been formed for this purpose and has met on three occasions. Welcoming this information, the Committee emphasizes the need to review the BLR to align it with the 2018 amendments of the BLA, as well as regarding the following matters previously raised: (i) Rule 2(g) and (j) contains a broad definition of administrative and supervisory officers who are excluded from the definition of workers under the BLA and thus from the right to organize; (ii) Rule 85, Schedule IV, sub-rule 1(h) prohibits members of the Safety Committee from initiating or participating in an industrial dispute; Rule 169(4) limits eligibility to a trade union executive committee to permanent workers, which may adversely affect the right of workers’ organizations to elect their officers freely; (iii) Rule 188 provides for employer participation in the formation of election committees which conduct the election of worker representatives to participation committees in the absence of a union – this, according to the ITUC, could lead to management domination of participation and safety committees; the Government informs in this respect that election of worker representatives to participation committees without representation of employers is being piloted in two factories; (iv) Rule 190 prohibits certain categories of workers from voting for worker representatives to participation committees; (v) Rule 202 contains broad restrictions on actions taken by trade unions and participation committees; (vi) Rule 204, which restrictively determines that only subscription-paying workers can vote in a ballot to issue a strike, is not in line with section 211(1) of the BLA which refers to union members; (vii) Rule 350 provides for excessively broad powers of inspection of the Director of Labour; and (viii) the BLR lacks provisions providing appropriate procedures and remedies for unfair labour practice complaints. The Committee further notes, from the supplementary information provided by the Government, that the revision of the BLR, initially expected to be completed by September 2020, will be delayed due to the COVID-19 pandemic. While taking note of the challenging context of the current pandemic, the Committee expects the revision process to be concluded without delay so as to ensure that the 2018 BLA amendments introduced to improve compliance with the Convention are reflected in the BLR and its application, and to address other pending issues, as referred to above.

Right to organize in EPZs. In its previous comments, the Committee had requested the Government to continue to revise the draft EPZ Labour Act, 2016 and 2017 in consultation with the social partners, so as to provide equal rights of freedom of association to all workers and bring the EPZs within the purview of the Ministry of Labour and the Labour Inspectorate. The Committee notes the Government’s indication that the draft EPZ Labour Act was formulated after a pragmatic and neutral analysis of the socio-economic conditions of the country and went through a long process of extensive and inclusive consultations and dialogue with all levels of stakeholders, including the ILO. The Government provides detailed information on the consultations that have taken place and informs that the Bangladesh ELA, adopted in February 2019, upholds the rights and privileges of the workers and includes comprehensive changes and measurable progress. The Committee notes with satisfaction the following amendments made, which address its previous observations: simplification of the formation and registration of workers’ welfare associations (WWAs) – the institutional form given to workers’ organizations in EPZs – through amendment of a number of provisions of the draft EPZ Labour Act, 2016 and repeal of section 96 establishing an excessive referendum requirement to constitute a WWA; section 16 of the EPZ Workers’ Welfare Association and Industrial Relations Act, 2010 (EWWAIRA) prohibiting the establishment of a WWA in a new industrial unit for three months has not been included in the ELA; repeal of section 98 of the draft EPZ Labour Act prohibiting the holding of a new referendum to form a WWA during one year after a failed one; repeal of section 101 authorizing the Zone Authority to form a committee to draft a WWA constitution and to approve it; repeal of section 116 allowing deregistration of a WWA for a number of reasons, including at the request of 30 per cent of eligible workers even if they are not members of the association and prohibiting the establishment of a new association within one year after such deregistration; amendment of section 103(2) to remove the mandatory opening of election of Executive Council members to all workers and not only WWA members; repeal of section 103(5) of the draft EPZ Labour Act, 2017 restricting the right to elect and be elected to the Executive Council to workers who have worked at the enterprise for a specific period; and reduction of the requirement to issue a strike notice from three quarters of members of the Executive Council to two-thirds (section 127(2) of the ELA).

The Committee further welcomes the reduction in the minimum membership requirement to form WWAs but observes that the new requirement of 20 per cent (sections 94(2) and 97(5)) may still be excessive, especially in large enterprises, and considering that only permanent workers may apply to form a WWA. While also welcoming the addition of a provision allowing for the formation of higher-level organizations within a Zone (sections 2(50) and 113), the Committee observes that the conditions to form a federation are excessively strict – more than 50 per cent of WWAs in one Zone must agree to establish a federation – and that a WWA federation cannot affiliate or associate in any manner with another federation in another Zone or beyond the Zone (section 113(3)). In view of the above, the Committee requests the Government to provide information on the application in practice of the new amendments, in particular the reduced minimum membership requirement to form WWAs and the possibility to create federations, including to indicate the practical implications of these amendments on the number of applications for WWAs and WWA federations submitted and registered. The Committee trusts that, in order to achieve full compliance with the Convention, the Government will continue, in consultation with the social partners concerned, to endeavour to further reduce, to a reasonable level, the minimum membership requirements to form a WWA, especially in large establishments, as well as federations and to allow WWAs and federations to associate with other entities in the same Zone and outside the Zone in which they were established, including with non-EPZ workers’ organizations at different levels.

While taking due note of the above amendments and of the Government’s efforts to address some of its previous observations, the Committee deeply regrets that most of the changes it requested have not been addressed despite the Government’s assurance that it took the Committee’s observations into the highest consideration. The Committee, therefore, emphasizes once again the need to further review the ELA to ensure its conformity with the Convention regarding the following matters: (i) scope of the law – specific categories of workers continue to be excluded from the law (workers in supervisory and managerial positions – sections 2(48)) or from Chapter IX dealing with WWAs (members of the watch and ward or security staff, drivers, confidential assistants, cipher assistants, casual workers, workers employed by kitchen or food preparation contractors and workers employed in clerical posts (section 93), as well as workers in managerial positions (section 115(2)); (ii) the imposition of association monopoly at enterprise and industrial unit levels (sections 94(6), 97(5) paragraph 2, 100 and 101); (iii) detailed requirements as to the content of a WWA’s constitution which go beyond formal and may thus hinder the free establishment of WWAs and constitute interference in the right to draw up constitutions freely (section 96(2)(e) and (o)); (iv) limitative definition of the functions of WWA members despite the deletion of the word “mainly” from section 102(3); (v) prohibition to hold an election to the Executive Council during a period of six months (reduced from one year), if a previous election was ineffective in that less than half of the permanent workers of the enterprise cast a vote (section 103(2)–(3)); (vi) prohibition to function without registration and to collect funds for an unregistered association (section 111); (vii) interference in internal affairs by prohibiting expulsion of certain workers from a WWA (section 147); (viii) broad powers and interference of the Zone Authority in internal WWA affairs by approving funds from an outside source (section 96(3)), approving any amendment in a WWA constitution and Executive Council (section 99), arranging elections to the Executive Council of WWAs (section 103(1)) and approving it (section 104), ruling on the legitimacy of a transfer or termination of a WWA representative (section 121), determining the legitimacy of any WWA and its capacity to act as a collective bargaining agent (section 180(c)) and monitoring any WWA elections (section 191); (ix) interference by the authorities in internal affairs by allowing supervision of the elections to the WWA Executive Council by the Executive Director (Labour Relations) and the Inspector-General (sections 167(2)(b) and 169(2)(e)); (x) restrictions imposed on the ability to vote and on the eligibility of workers to the Executive Council (sections 103(2) and (4) and 107); (xi) legislative determination of the tenure of the Executive Council (section 105); (xii) broad definition of unfair labour practices, which also include persuasion of a worker to join a WWA during working hours or commencement of an illegal strike, and imposition of penal sanctions for their violation (sections 116(2)(a) and (f), 151(2)–(3) and 155–156); (xiii) power of the Conciliator appointed by the Zone Authority to determine the validity of a strike notice, without which a lawful strike cannot take place (section 128(2) read in conjunction with section 145(a)); (xiv) possibility to prohibit strike or lockout after 30 days or at any time if the Executive Chairman is satisfied that the continuance of the strike or lockout causes serious harm to productivity in the Zone or is prejudicial to public interest or national economy (section 131(3)–(4)); (xv) possibility of unilateral referral of a dispute to the EPZ Labour Court which could result in compulsory arbitration (sections 131(3)–(5) and 132, read in conjunction with section 144(1)); (xvi) prohibition of strike or lockout for three years in a newly established enterprise and imposition of obligatory arbitration (section 131(9)); (xvii) possibility of hiring temporary workers during a legal strike in cases where the Executive Chairman of the Zone Authority is satisfied that complete cessation of work is likely to risk causing serious damage to the machinery or installation of the industry (section 115(1)(g)); (xviii) excessive penalties, including imprisonment, for illegal strikes (sections 155 and 156); (xix) prohibition to engage in activities which are not described in the constitution as objectives of the association (section 178(1)); (xx) prohibition to maintain any linkage with any political party or organization affiliated to a political party or non-governmental organization, as well as possible cancellation of such association and prohibition to form a WWA within one year after such cancellation (section 178(2)–(3)); (xxi) cancellation of a WWA registration on grounds which do not appear to justify the severity of the sanction (sections 109(b)–(h), 178(3)); (xxii) limitation of WWA activities to the territorial limits of the enterprise thus banning any engagement with actors outside the enterprise, including for training or communication (section 102(2)) and, subject to the right to form federations under section 113, prohibition to associate or affiliate with another WWA in the same Zone, another Zone or beyond the Zone, including non-EPZ workers’ organizations at all levels (section 102(4)); (xxiii) interference in internal affairs of a WWA federation – legislative determination of the duration of a federation (four years) and determination of the procedure of election and other matters by the Zone Authority (section 113); (xxiv) power of the Government to exempt any owner, group of owners, enterprise or group of enterprises, worker or group of workers from any provision of the Act making the rule of law a discretionary right (section 184); (xxv) excessive requirements to form an association of employers (section 114(1)); (xxvi) prohibition of an employer association to associate or affiliate in any manner with another association beyond the Zone (section 114(2)); (xxvii) excessive powers of interference in employers’ associations’ affairs (section 114(3)); and (xxviii) the possibility for the Zone Authority, with the approval of the Government, to establish regulations (section 204) – these could further restrain the right of workers and their organizations to carry out legitimate trade union activities without interference. The Committee further notes the Government’s indication in its supplementary report that a committee will be formed to address the issue of any amendments to the ELA and that the necessary steps will be taken pursuant to its recommendations. The Government also informs that the Zone Authority is open to valuable suggestions, advice and technical assistance from the ILO so as to continue to improve its training programmes and to uplift workers’ rights in EPZs. Taking due note of the fact that the ELA was adopted in February 2019 and of the Government’s commitment to further improve and reform the existing provisions, but observing that an exceptionally large number of provisions still need to be repealed or substantially amended to ensure its conformity with the Convention, the Committee expects that discussion on the revision of the ELA will continue on a more urgent basis in the near future, in consultation with the social partners, so as to address the issues highlighted above (and others that may arise during discussion) in a meaningful manner and provide EPZ workers with all the rights guaranteed in the Convention. The Committee requests the Government to report in detail on progress in this regard.

The Committee further notes with interest the Government’s indication that the inspection and administration system of EPZs have been brought in line with the BLA (Chapter XIV of the ELA), that section 168 allows the Chief Inspector and other inspectors appointed under the BLA to undertake inspections of EPZs and that several joint inspections have already taken place. The Committee observes, however, that for the DIFE to inspect EPZ establishments, an approval of the Executive Chairman is required and the Chairman retains ultimate supervision of labour standards in EPZs (sections 168(1) and 180(g)), which may hinder the independent nature and proper functioning of labour inspection. The Committee notes the Government’s indication that consultations with the workers, investors and relevant stakeholders are ongoing to analyse how best the DIFE may be allied with the existing inspection system in EPZs, to develop an integrated inspection framework and to define the role of the DIFE in the factories in EPZs. Referring to its more detailed comments on this point made under Convention No. 81, the Committee encourages the Government to take steps to elaborate the aforementioned inspection framework in order to clarify the powers of the DIFE and the Zone Authority, as well as the functioning in practice of joint inspections or inspections conducted by the Labour Inspectorate of EPZ establishments. The Committee also requests the Government to continue to take further steps to ensure unrestricted access and jurisdiction over labour inspection activities in EPZs for DIFE inspectors.

Finally, the Committee notes the Government’s indication, in its supplementary report, that the situation of the RMG sector, which is dependent on export, is critical as a result of the COVID-19 pandemic. The Government also informs that in order to uphold labour rights, the Ministry of Labour and Employment elaborated a road map in consultation with the tripartite partners, but that due to the current pandemic, many of its initiatives destined to be implemented have now been delayed or slowed down, including the labour reform. While taking due note of the impact of the current COVID-19 pandemic on the economy of the country, in particular in the RMG sector, as well as on the Government’s efforts to pursue the labour reform, the Committee once again recalls the critical importance which it gives to freedom of association as a fundamental human and enabling right. In view of the Government’s reiterated commitment to labour reform and to ensuring protection of the rights of workers, the Committee expresses its firm hope that significant progress will be made in the very near future to bring both the legislation and practice into conformity with the Convention. The Committee reminds the Government that it can avail itself of the technical assistance of the Office should it so desire in order to assist the national tripartite dialogue in determining further areas for progress.

[The Government is asked to reply in full to the present comments in 2022.]

The Committee takes note of the supplementary information provided by the Government on 15 September 2020 in response to a complaint pending under article 26 of the ILO Constitution. ln light of the decision adopted by the Governing Body at its 338th Session (June 2020), the Committee proceeded with the examination of the application of the Convention on the basis of this supplementary information received from the Government and the observations submitted by the social partners this year, as well as on the basis of the information at its disposal in 2019 (see Articles 1 and 3 below).

The Committee notes that the mentioned complaint under article 26 of the ILO Constitution – alleging non-compliance by Bangladesh with this Convention, as well as the Labour Inspection Convention, 1947 (No. 81) and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) – is pending before the Governing Body. At its 340th Session (October–November 2020), the Governing Body, in view of the information communicated by the Government on the situation of freedom of association in the country and taking due note both of the Government’s commitment to continue to further improve the overall situation and to address the outstanding issues before the supervisory bodies: (i) requested the Government to develop, with the support of the Office and of the secretariat of the Workers’ and Employers’ groups, and in full consultation with the social partners concerned, a time-bound roadmap of actions with tangible outcomes to address all the outstanding issues mentioned in the complaint submitted under article 26 to the 108th Session of the International Labour Conference (2019); (ii) requested the Government to report on progress made in that regard to the Governing Body at its next session; and (iii) deferred the decision on further action in respect of the complaint until its 341st Session (March 2021).

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2019 and 15 September 2020, referring to matters addressed in this comment and further alleging anti-union dismissal of 3,000 garment workers in June 2020 as part of union busting in three garment factories in Gazipur and Dhaka. The Committee requests the Government to provide its comments thereon.

The Committee notes the 2018 amendment of the Bangladesh Labour Act, 2006 (BLA) and the adoption of the 2019 Export Processing Zones Labour Act (ELA).

Articles 1 and 3 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to provide detailed statistics on the number of complaints of anti-union discrimination received by the relevant authorities and their follow-up and to take the necessary measures, after consultation with the social partners, to increase the penalties envisaged for unfair labour practices and acts of anti-union discrimination, and to indicate the outcome of 39 mentioned complaints that gave rise to criminal cases. It also expressed its expectation that the measures taken by the Government would contribute to an expedient, efficient and transparent handling of anti-union discrimination complaints. The Committee notes with interest the addition of section 196(A) in the BLA explicitly prohibiting anti-union activities by the employer and providing for the establishment of standard operating procedures (SOPs) for investigating such acts. The Committee notes the Government’s statement that in case of alleged anti-union activities at enterprise level, it generally intervenes through tripartite consultations, including by setting up dedicated committees for rapid and effective remedial measures, which proved effective in the national industrial relations context, and that in case of serious allegations, there is scope for on-site investigation and referral to the labour courts. It also notes the details provided by the Government on the procedure established under the SOPs to follow up complaints received, which consists of seven stages (written complaint, verification, communication with the employer, investigation, resolution, record with recommendations and referral to labour courts). The Committee further notes the Government’s indication that: (i) following the adoption of the SOPs on anti-union discrimination, the handling of complaints has become easier and more transparent and the SOPs are referred to in the 2018 BLA amendment (sections 195(2), 196(4) and 196(A)); (ii) the upgrade of the Directorate of Labour (DOL) to a Department of Labour has been completed, resulting in an increase of manpower from 712 to 921, a considerable increase in the DOL budget, and the creation of two additional divisional labour offices; (iii) the software for the publicly available online database on anti-union discrimination is currently being upgraded and although the process is delayed due to recent reforms within the DOL and the COVID-19 pandemic, the database should be functional soon and once completed, it will include information on anti-union discrimination and unfair labour practices, conciliation, election of collective bargaining agents and information on participation committees; (iv) from 2013 to 2019, 270 complaints regarding anti-union discrimination and unfair labour practices were submitted to the labour office, of which 204 were addressed (52 cases referred to labour courts and 152 disposed of amicably through reinstatement, compensation, memorandums of understanding, arrear wages, etc.) and 66 are undergoing investigation; and (v) of 51 criminal cases referred to labour courts (39 in the previous report), 48 are pending and three were settled – two in favour of the employer and one in favour of the workers. The Committee also notes the details provided by the Government on the type of anti-union practices referred to in the complaints and the remedies applied, as well as information on training and capacity-building activities provided to the concerned stakeholders and workers, including through the workers’ resource centre. Taking due note of the information provided, the Committee recalls that the existence of legal provisions prohibiting acts of anti-union discrimination is not enough if they are not accompanied by effective and rapid procedures to ensure their application in practice (see the 2012 General Survey on the fundamental Conventions, paragraph 190). The Committee requests the Government to continue to provide detailed statistics on the number of complaints of anti-union discrimination received by the relevant authorities and their follow-up, including time taken to resolve the disputes, remedies imposed, the number of complaints settled amicably compared to those referred to labour courts, the results of judicial proceedings and the sanctions ultimately imposed following full proceedings. The Committee encourages the Government to continue to provide the necessary training to labour officials on dealing with anti-union and unfair labour practices complaints with a view to ensuring their efficient and credible handling and to inform about the functioning in practice of the workers’ resource centre. While noting the technical challenges encountered, the Committee expects the online database on anti-union complaints to be fully operational in the near future so as to ensure transparency of the process and at the same time ensuring protection of personal data of the workers concerned.

The Committee regrets that despite its previous request to increase the penalties envisaged for unfair labour practices and acts of anti-union discrimination by employers, the applicable fines remained unchanged and, as a result, are not sufficiently dissuasive (a fine of maximum 10,000 Bangladeshi taka (BDT) which equals US$120 – section 291(1) of the BLA). The Committee further notes that the penalty of imprisonment has been reduced through the 2018 BLA amendment from two years to one year (section 291(1) of the BLA). While noting that the BLA has been recently amended, in order to ensure that acts of anti-union discrimination give rise to a just reparation and sufficiently dissuasive sanctions, the Committee requests the Government once again to take the necessary measures, after consultation with the social partners, to increase the amount of the fine imposable for acts of anti-union discrimination.

Helpline for submission of labour-related complaints. In its previous comment, the Committee requested the Government to continue to provide detailed updates on the functioning of the helpline for submission of labour-related complaints targeting the ready-made garment (RMG) sector in the Ashulia area and to clarify the status of the 1,567 complaints mentioned that had not been settled. The Committee notes the detailed information provided on the functioning of the helpline: complaints are received through the helpline by a tele consultant group and are then transferred to district offices of the Department of Inspection for Factories and Establishments (DIFE) and investigated by a labour inspector. Mitigation of the complaints is done in three ways: (1) through tripartite meetings (section 124A of the BLA); (2) communication of the complaint to the factory management, who then resolves the issue; or (3) legal action by the DIFE through filing of cases to labour courts. The Government informs that the DIFE received a total of 5,494 complaints between March 2015 and August 2020, of which 5,407 were resolved and 87 complaints are pending, and that the time for resolving the complaints depends on the nature and complexity of the issue. The Committee also notes the Government’s indication in its supplementary report that another labour helpline has been introduced by the DIFE to receive complaints from workers and to ensure proper redress, and that this helpline will assist workers and employers in resolving issues regarding wages, retrenchments, gender-based violence and health and safety issues in accordance with the BLA. There are also proposals to further increase the manpower of the DIFE with additional 1,698 positions, including senior positions. Taking due note of the information, the Committee requests the Government to clarify the outcome of the 5,407 complaints that have been resolved, to indicate the number or the percentage of complaints specifically related to anti-union practices, and to provide information on whether any steps are taken to ensure anonymity of the complainants so as to prevent reprisals against helpline users. Observing that the RMG helpline has been in service since 2015 and that a new helpline aimed at resolving labour-related issues has been created, the Committee encourages the Government to continue to formally expand these procedures to other geographical areas and industrial sectors, in line with its previously expressed commitment.

Allegations of anti-union discrimination following the 2016 Ashulia incident and the 2018-2019 minimum wage protests. In its previous comment, the Committee requested the Government to ensure that any pending proceedings in relation to the Ashulia incident are concluded without delay, that all workers dismissed for anti-union reasons who wish to return to work are reinstated, and expressed its expectation that measures would be taken to prevent repeated and institutionalized acts of anti-union discrimination. The Committee notes the information provided by the Government that, in relation to the Ashulia incident, all those in custody were immediately released, no worker was imprisoned and after primary investigation, out of ten cases, eight were concluded without framing any charge against any worker and two cases are now pending. The Committee observes that the Committee on Freedom of Association had noted the Government’s indication that no worker had been removed for participation in activities related to the Ashulia strike but that a number of workers resigned upon receipt of their due payments and that no contradictory or additional information in this regard has been received from the complainants (see 388th Report, March 2019, Case No. 3263, paragraph 202). With regard to the 2018-2019 minimum wage protests, the Committee notes the Government’s indication that while the social partners provided a list of 12,436 workers dismissed from 104 factories, after primary verification by the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) and the Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), it was found that 94 factories were involved and 4,489 workers were terminated from 41 factories. The Government clarifies that all terminated workers received benefits according to the existing provisions of the BLA, two factories were found closed, memorandums of understanding were signed between workers’ federations and the employer in ten factories and collection of information from 12 factories is in progress. The Committee notes that the Committee on Freedom of Association also observed in relation to the January 2019 demonstrations that several memoranda of understanding had been signed between workers and employers in a number of enterprises providing for the payment of wages and other legal dues to dismissed or suspended workers (see 392nd Report, October 2020, Case No. 3263, paragraph 284). Noting with concern the massive dismissals of workers following their participation in the 2018-2019 minimum wage protests, the Committee observes that investigations into these allegations do not seem to be conducted by an independent entity but by employers’ organizations concerned. In view of the above, the Committee requests the Government to clarify its involvement in the ongoing investigations into the massive dismissals of workers following the 2018-2019 minimum wage protests and to provide information on whether an investigation, by an independent entity, has taken place in this regard. The Committee firmly expects that any future investigations into concrete allegations of anti-union discrimination will be done in full independence and impartiality and that the Government will continue to take all necessary measures to prevent repeated and institutionalized acts of anti-union discrimination. Further recalling that in case of dismissal by reason of trade union membership or legitimate trade union activities, reinstatement should be included among the range of measures that can be taken to remedy such a situation and that, if compensation or fines are imposed, these should be sufficiently dissuasive, the Committee requests the Government to provide information on the concrete remedies applied in all cases of termination of workers in the above incidents for which it has been found that they had occurred for anti-union reasons.

Case concerning dismissed workers in the mining sector. In its previous comments, the Committee requested the Government to provide information on the outcome of the judicial proceedings concerning dismissed workers in the mining sector who were charged with illegal activities (case No. 345/2011) once the judgment of the District Sessions Court, Dinajpur has been rendered. Noting the Government’s statement that no hearing has yet been held but observing that the case has been pending for several years, the Committee emphasizes the importance of ensuring expeditious examination of allegations of anti-union discrimination so as to ensure adequate protection against such acts in practice. The Committee expects the case to be completed rapidly and requests the Government to provide information on its outcome once the judgment of the District Sessions Court, Dinajpur has been rendered.

Protection of workers in export-processing zones (EPZs) against acts of anti-union discrimination. In its previous comment, the Committee requested the Government to provide clarification on several aspects of inspection and hearings conducted by the Bangladesh Export Processing Zones Authority (BEPZA or Zone Authority) and on the application of the RMG helpline to EPZ workers. It requested the Government to establish an online database for anti-union discrimination complaints specific to the EPZs and to continue to provide statistics on anti-union discrimination complaints. The Committee notes the Government’s clarification that the RMG helpline established by the DIFE is not applicable to EPZ factories but that there is an individual helpline and independent help desk in eight EPZs where labour-related complaints can be easily submitted, and that the establishment of an online database for workers’ complaints is in process. It also notes the detailed information provided on the inspection and monitoring of the working conditions, complaints and grievances of workers by BEPZA, which includes: spontaneous visits to enterprises; possibility to submit anonymous complaints to counsellor-cum-inspectors, industrial relation officers, general manager of the concerned zone or BEPZA executive office which are investigated neutrally; an enquiry option on the BEPZA official website where anyone can drop a message, query or complaint; a complaint box in each EPZ office where workers can drop a complaint and get assistance from the Zone Authority; and the possibility of posting updates and getting information on the social media website. Taking due note of the detailed information provided but observing that no statistics were submitted in this regard, the Committee requests the Government once again to provide detailed statistics on the number of anti-union discrimination complaints brought to the competent authorities, their follow-up and the remedies and sanctions imposed.

The Committee also previously requested the Government to bring the EPZs within the purview of the Ministry of Labour and the Labour Inspectorate. The Committee notes with interest the Government’s indication that the inspection and administration system of EPZs have been brought in line with the BLA (Chapter XIV of the ELA), that section 168 of the ELA allows the Chief Inspector and other inspectors appointed under the BLA to undertake inspections of EPZs and that several joint inspections have already taken place. The Committee refers to its more detailed comments in this regard made under Conventions Nos 81 and 87.

While noting the Government’s indication that radical changes have been made to bring the ELA in line with the BLA and improve protection against anti-union discrimination, the Committee observes that, in terms of ensuring adequate protection against acts of anti-union discrimination, there is a further need to continue to review the law to ensure its conformity with the Convention regarding the following matters: specific categories of workers continue to be excluded from the law (workers in supervisory and managerial positions – sections 2(48)) or from Chapter IX dealing with workers’ welfare associations (WWAs), and thus from protection against anti-union discrimination (members of the watch and ward or security staff, drivers, confidential assistants, cipher assistants, casual workers, workers employed by kitchen or food preparation contractors and workers employed in clerical posts (section 93), as well as workers in managerial positions (section 115(2)); broad power of the Executive Chairperson to rule on the legitimacy of a transfer or termination of a WWA representative (section 121(3)–(4)); broad exception to protection against anti-union discrimination (section 121(2) paragraph 2); lack of specific measures to remedy acts of anti-union discrimination except in case of WWA officials covered by section 121; insufficiently dissuasive fines for unfair labour practices – a maximum of US$600 (section 151(1)) and for anti-union discrimination during an industrial dispute – a maximum of US$120 (section 157).The Committee further notes the Government’s indication in its supplementary report that a committee will be formed to address the issue of any amendments to the ELA and that the necessary steps will be taken pursuant to its recommendations. The Government also informs that the Zone Authority is open to valuable suggestions, advice and technical assistance from the ILO so as to further improve its training programmes and to uplift workers’ rights in the EPZs. Taking due note of the fact that the ELA has been adopted in February 2019 but observing that the above provisions need to be further amended to ensure their conformity with the Convention, the Committee expects that the discussion on the revision of the ELA will continue in the near future, in consultation with the social partners, to address the issues highlighted above in a meaningful manner so as to ensure that all workers covered by the Convention are adequately protected against acts of anti-union discrimination. The Committee trusts that the Government will be able to report progress in this regard.

Finally, the Committee observes with concern the allegations communicated by the ITUC referring to widespread anti-union practices in the country and illustrated by the dismissal of 36 workers in two EPZ factories in April 2019 following unsuccessful attempts at collective bargaining. The Committee requests the Government to provide its reply to these allegations.

Articles 2 and 3. Lack of legislative protection against acts of interference in the BLA and the ELA. The Committee previously emphasized the importance of providing for explicit provisions in the BLA granting full protection against acts of interference. While noting the Government’s emphasis on the 2018 BLA amendments and noting that sections 195(1)(g) and 202(13) prohibit employer’s interference in the conduct of elections for a collective bargaining agent and Rule 187(2) of the Bangladesh Labour Rules (BLR) prohibits interference in elections of workers’ representatives to participation committees, the Committee observes that these provisions do not cover all acts of interference prohibited under Article 2 of the Convention, such as acts designed to promote the establishment of workers’ organizations under the domination of the employer, to support workers’ organizations by financial or other means with the objective of placing them under the control of an employer or an employers’ organization, to exercise pressure in favour or against any workers’ organization, etc. Similarly, while noting that the ELA contains certain provisions prohibiting acts of interference (sections 115(1)(f) and 116(3)), the Committee observes that they do not cover all acts of interference prohibited under Article 2 of the Convention. The Committee therefore requests the Government to take all necessary measures to broaden the current scope of protection against acts of interference in the BLA and the ELA, so as to ensure that workers’ and employers’ organizations are effectively protected against all acts of interference both in law and in practice. The Committee trusts that, in the meantime, efforts will be made to ensure that, in practice, workers’ and employers’ organizations will be protected from any acts of interference against each other.

Article 4. Promotion of collective bargaining. The Committee previously requested the Government to inform about the application in practice of section 202A(1) of the BLA providing for assistance from specialists in the context of collective bargaining. The Committee notes the Government’s explanation that there is currently no uniform procedure for the use of experts in collective bargaining but that the issue may be considered during the revision of the BLR, that out of nine collective bargaining agreements concluded at the national level and seven at the sectoral level between 2017 and 2019, support of experts was used in five cases and that the assistance of experts facilitates decision-making on collective agreements with confidence.

The Committee also requested the Government to ensure that Rule 4 of the BLR giving the Inspector General total discretion to shape the outcome of service rules and determine their conformity with the law was not used to limit collective bargaining and to provide information on the application in practice of Rule 202, which prohibits certain trade union activities in a way that could impinge on the right to freedom of association and collective bargaining. In relation to Rule 4, the Government informs that the management of factories prepares service rules together with trade unions and in case of any objection, tripartite meetings are arranged to address the objection and only then does the DIFE verify the conformity of the service rules with the law, thus not hampering collective bargaining. It also states that amendment of Rule 202 may be discussed in the next revision of the BLR. The Committee encourages the Government to consider amending Rule 202, in consultation with the social partners, during the next revision of the BLR in order to ensure it does not unduly impinge on the right to collective bargaining.

Higher-level collective bargaining. The Committee previously requested the Government to consider amending sections 202 and 203 of the BLA to clearly provide a legal basis for collective bargaining at the industry, sector and national levels and to continue to provide statistics on the number of higher-level collective agreements concluded. While noting the amendments made to section 202 of the BLA, the Committee observes that these do not address its previous concerns about the lack of a legal basis for higher-level collective bargaining. The Committee notes the statistics provided by the Government on the number of collective agreements concluded, the number of workers covered and the sectors to which they relate but observes that these agreements appear to have been concluded at the level of the enterprise and not at sectoral or national levels. It recalls in this regard the need to ensure that collective bargaining is possible at all levels, both at the national level, and at enterprise level; it must also be possible for federations and confederations (see the 2012 General Survey on the fundamental Conventions, paragraph 222). In view of the above, the Committee requests the Government to consider, in consultation with the social partners, to further revise sections 202 and 203 of the BLA so as to clearly provide a legal basis for collective bargaining at the industry, sector and national levels. Observing that the information provided by the Government lacks certain elements previously called for, the Committee requests the Government to continue to provide statistics on the number of higher-level collective agreements concluded and in force (at the sectoral and national levels), the sectors concerned and the number of workers covered by these agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention.

Collective bargaining in the agricultural sector. The Committee notes the information provided by the Government in reply to the Committee’s comments made under the Right of Association (Agriculture) Convention, 1921 (No. 11), in particular that, through bipartite or tripartite negotiations, trade unions and associations of agricultural workers conclude agreements with employers every three years concerning terms and conditions of work, welfare facilities, insurance, safety, security and other matters. The Committee requests the Government to indicate whether statistics are available on the number of collective agreements concluded in the agricultural sector, the type of activity concerned and the number of workers covered, and if so, to provide details in this regard. It also requests the Government to clarify the functioning in practice of tripartite negotiations in this sector.

Determination of collective bargaining agents. In its previous comment, the Committee requested the Government to provide clarification on the exact requirements for a trade union to become a collective bargaining agent. The Committee notes the Government’s explanation that there has not yet been a situation where, among several existing unions, no union received the required percentage of votes (one third of the total number of workers employed in the establishment concerned) and recalls that the determination of the threshold of representativeness to designate an exclusive agent for the purpose of negotiating collective agreements which are destined to be applied to all workers in a sector or establishment is compatible with the Convention insofar as the required conditions do not constitute an obstacle to the promotion of free and voluntary collective bargaining in practice. The Committee wishes to clarify that it is not requesting the Government to remove the one third majority requirement for the acquisition of the exclusive bargaining agent status but recalls that if no union in a specific negotiating unit meets the required threshold of representativeness to be able to negotiate on behalf of all workers, the existing unions should be able to negotiate, jointly or separately, at least on behalf of their own members. The Committee therefore requests the Government to clarify whether, in case where no union reaches the required threshold to be recognized as the exclusive collective bargaining agent under section 202 of the BLA, the existing unions are given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members.

Promotion of collective bargaining in the EPZs. In its previous comment, the Committee requested the Government to provide information on any cases where the BEPZA Executive Chairperson rejected the legitimacy of a WWA and its capacity to act as a collective bargaining agent, to take the necessary measures to ensure that the determination of collective bargaining agents in EPZs is the prerogative of an independent body and to continue to provide statistics on the number of collective bargaining agreements concluded. The Committee notes the Government’s statement that a WWA registered under the Act in an industrial unit is the collective bargaining agent for that industrial unit (section 119 of the ELA), that there has been no case of rejection of the legitimacy of a WWA and its capacity to act as a collective bargaining agent so far under section 180(c) and that this provision is a safeguard of legitimate WWAs and collective bargaining agents. Taking due note of the explanation, the Committee recalls, however, that the determination of bargaining agents should be carried out by a body offering every guarantee of independence and objectivity. The Government further informs that all 237 elected and registered WWAs are actively performing their activities with full freedom and that during the last five years they had submitted 521 charters of demands, all of which had been negotiated successfully and collective bargaining agreements or memorandums of understanding had been signed. Welcoming the Government’s commitment to take the necessary measures to maintain yearly statistics in this regard, the Committee requests the Government to continue to provide statistics on the number of collective bargaining agreements concluded and in force in the EPZs, the sectors concerned and the number of workers covered by these agreements, , along with some sample agreements, as well as on any additional measures undertaken to promote the full development and utilization of collective bargaining under the Convention. The Committee requests the Government to endeavour to further amend section 180 of the ELA, in consultation with the social partners, to ensure that the determination of collective bargaining agents in EPZs is the prerogative of an independent body, such as the Department of Labour. The Committee also requests the Government to clarify the implications in practice of section 117(2) which does not allow any proceedings before a civil court for the purpose of enforcing or recovering damages for breach of any agreement.

Compulsory arbitration in the BLA and the ELA. The Committee welcomes the Government’s indication, in response to its previous request, that the proposed amendment to section 210(10) of the BLA that would enable a conciliator to refer an industrial dispute to an arbitrator even if the parties do not agree was finally not included in the amended BLA. The Committee observes, however, that the ELA allows for unilateral referral of a dispute to the EPZ Labour Court which could result in compulsory arbitration (sections 131(3)–(5) and 132 read in conjunction with section 144(1)). Recalling that compulsory arbitration is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), or in essential services in the strict sense of the term or in cases of acute national crisis, the Committee expects that, during the next revision of ELA, the Government will address this issue in a meaningful manner, in consultation with the social partners.

Articles 4 and 6. Collective bargaining in the public sector. The Committee previously requested the Government to clarify what specific categories of workers in the public sector can bargain collectively, to indicate the criteria based on which this right is granted and to provide examples of collective agreements concluded in the public sector. The Committee notes the Government’s indication that there are 408 public sector trade unions, including in various sector corporations, city corporations and municipalities, port authorities, secondary and higher secondary education boards, water development boards, energy sectors, various banks and financial institutions, power sectors, jute mills and sugar mills. Observing that the Government’s reply refers to the right to form trade unions without indicating whether, in the various sectors mentioned, these organizations have the right to undertake collective bargaining, the Committee requests the Government to indicate whether this is indeed the case, and if so, to provide examples of collective bargaining agreements concluded in the public sector.

The Committee further observes the Government’s statement that only staff of autonomous organizations have the right to form trade unions and not the officers, and that neither officers nor staff of public sector organizations other than public autonomous organizations have the right to form trade unions. The Committee recalls in this regard that, in accordance with Article 6, only public servants engaged in the administration of the State may be excluded from the scope of the Convention and that a distinction must thus be drawn between, on the one hand, this type of public servants and, on the other hand, all other persons employed by the Government, by public enterprises or by autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee therefore requests the Government to provide a list of public sector services or entities where collective bargaining is not allowed. For those autonomous public sector organizations where collective bargaining is permitted, the Committee requests the Government to indicate the criteria used to distinguish between staff and officers for the purposes of collective bargaining.

Finally, the Committee notes the Government’s indication in its supplementary report that the situation of the RMG sector, which is dependent on export, is critical as a result of the COVID-19 pandemic. The Government also informs that in order to uphold labour rights, the Ministry of Labour and Employment elaborated a roadmap in consultation with the tripartite partners but that due to the current pandemic, many of its initiatives destined to be implemented are now delayed or slowed down, including the labour reform. While taking due note of the impact of the current COVID-19 pandemic on the economy of the country, in particular in the RMG sector, as well as on the Government's efforts to pursue the labour reform, the Committee highlights the significant added-value of collective bargaining as a means of achieving balanced and sustainable solutions in times of crisis. The Committee expresses its firm hope that, as soon as feasible, significant progress will be made in the very near future to bring both the legislation and practice into conformity with the Convention and reminds the Government that it can avail itself of the technical assistance of the Office should it so desire in order to assist the national tripartite dialogue in determining further areas for progress.

Article 5(1) of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government on tripartite consultations held within the Tripartite Consultative Council (TCC) during the reporting period on matters concerning international labour standards covered by Article 5(1) of the Convention. In this respect, the Committee notes that, in 2017, the TCC discussed the possibility of ratifying the Minimum Age Convention, 1973 (No. 138). The Government reports that preparatory work for the ratification of Convention No. 138 is being carried out, including tripartite consultations in the TCC concerning ratification. With regard to the possible ratification of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Employment Policy Convention, 1964 (No. 122), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), the Government reiterates that the ratification of these instruments is not feasible in the near future, indicating that in light of current economic and social circumstances in the country, it would take considerable time to create favourable administrative and legal systems prior to ratification. With respect to the ratification and application of the ILO instruments relevant to the occupational safety and health (OSH) framework contemplated under the 2013 Tripartite Statement of Commitment adopted after the tragic events of Rana Plaza and the Tazreen Factory, the Government indicates that the ratification of these instruments is not envisaged. The Government once again indicates that, while it has not ratified the OSH instruments, it is nevertheless committed to ensuring enforcement of existing legislation related to OSH. The Government refers in this context to the implementation of a set of initiatives taken with a view to improving the OSH situation of workers in the country, including the adoption of a National OSH Policy in 2013 and the establishment of a permanent Industrial Safety Unit under the Department of Inspection for Factories and Establishments within the Ministry of Labour and Employment (MOLE). It also refers to the establishment in March 2017 of a 20-member TCC for the ready-made garment (RMG) sector. The Government does not, however, indicate whether or not tripartite consultations were held to examine the possible ratification of the OSH instruments referenced. Lastly, the Government refers to the adoption of measures taken during the reporting period to strengthen the Tripartite Consultative Council, such as the establishment in 2017 of a TCC support unit within the MOLE. In addition, the formation of the TCC was incorporated in the Bangladesh Labour Act, 2006 (BLA), in amendments introduced in 2018. The Committee requests the Government to provide specific and detailed information on the content, the outcome and the frequency of the tripartite consultations held on all matters concerning international labour standards covered by the Convention, including on: replies to the questionnaires on Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference to Parliament (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)), including ILO instruments relevant to the occupational safety and health (OSH) framework; and reports to be presented on the application of ratified Conventions (Article 5(1)(d)).

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages Member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Comments adopted by the CEACR: Bangladesh

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