Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous direct request the Committee noted the Government's indication that, with the revival of the Constitution, provisions relating to freedom of assembly, freedom of association, freedom of thought and conscience and of speech had been restored. The Committee had previously noted that the Constitution (Partial Revival) (Second) Order, 1985 revived articles 28, 29, 30, 34, 40, 41 and 102 of the Constitution of the People's Republic of Bangladesh subject to certain conditions. The Committee requested the Government to supply copies of legislative texts which had revived the Constitution as a whole or extended the application of the above-mentioned Order to other articles of the Constitution such as articles 37 to 39 relating to various fundamental freedoms.

The Committee notes the Government's statement in its latest report that the Proclamation of 24 March 1982, whereby the Constitution was suspended, was repealed by the Order of 10 November 1986 and that all provisions relating to fundamental rights and freedoms have been restored. The Committee requests the Government to provide a copy of the Order which the Government stated it had sent with its report.

Article 1(a) of the Convention. 2. In its previous requests, the Committee observed that under sections 16 to 20 of the Special Powers Act of 5 February 1974 penalties of imprisonment may be imposed on persons who commit prejudicial acts or publish prejudicial reports, or who contravene orders for prior scrutiny and approval of certain publications or for the suspension or dissolution of certain associations, and that punishment under these provisions may involve an obligation to perform prison labour by virtue of section 53 of the Penal Code and section 3(26) of the General Clauses Act. The Committee notes the Government's indication in its report that such rigorous imprisonment cannot be construed as forced labour. The Committee would however refer once more to explanations provided in paragraphs 102 to 109 and 138 to 140 of its 1979 General Survey on the Abolition of Forced Labour where the Committee observed that any penal sanctions involving an obligation to perform prison labour are contrary to the Convention when imposed on persons convicted for expressing political views or views opposed to the established political system, or having contravened a widely discretionary administrative decision depriving them of the right to publish their views or suspending or dissolving certain associations. Noting the Government's indications that no person has been tried under the Act in any court, the Committee expresses once more the hope that the Government will give consideration to repealing or amending sections 16 to 20 of the Special Powers Act of 5 February 1974 so as to ensure observance of the Convention.

3. In its previous requests, the Committee asked the Government to supply details concerning the practical application of the following provisions of the Penal Code, Act No. XLV of 1860 - under which prison sentences involving compulsory labour may be imposed: section 124A (bringing the Government into hatred or contempt or exciting disaffection towards it); 141 to 143 (unlawful assemblies); 145, read together with 141 and 127 of the Code of Criminal Procedure, No. V of 1898 (joining or continuing in an unlawful assembly which has been ordered to disperse); 151, read together with section 127 of the Code of Criminal Procedure (joining or continuing in any assembly of five or more persons which being likely to cause a disturbance of the public peace has been ordered to disperse); 153 (promoting feelings of enmity or hatred between different classes of citizens); and 153B (inducing students to take part in political activity). In its report the Government refers to its previous statement according to which information on the practical application of these provisions is not compiled by any agency and, therefore, it is not possible to supply full information.

As the provisions referred to may have a bearing on the Convention, the Committee trusts the Government to supply any information related to these provisions, in particular copies of any court decisions made thereunder as well as any by-laws and instructions given in relation to them.

Article 1(c). 4. In its previous comments, the Committee referred to a number of provisions of the Industrial Relations Ordinance, No. XXIII of 1969, the Control of Employment Ordinance, No. XXXII of 1965, and the Post Office Act, No. VI of 1898, under which various breaches of labour discipline are punishable with imprisonment. The Committee noted that any sentences under these laws take the form of simple imprisonment and no instance has come to the notice of the Government where the court has resorted to section 3(26) of the General Clauses Act, 1897 by virtue of which the court may impose either simple imprisonment or rigorous imprisonment, involving an obligation to work. The Committee notes the statement by the Government in its latest report that it is not found necessary to amend legislation any further. Referring to the previous indications by the Government that in practice courts do not resort to section 3(26), the Committee expresses the hope that the Government will find no difficulty in bringing legislation on this point into conformity with the Convention and the indicated practice.

Article 1(d). 5. In its previous comments, the Committee noted that the Industrial Relations Ordinance No. XXIII of 1969, as amended by the Industrial Relations (Amendment) Act, 1980, not only maintains those provisions which prohibit strikes in public utility services but also makes strikes illegal in various other circumstances, such as strikes by unorganised workers (sections 43 and 46(1)(b)), or where the Government has exercised its right to prohibit any strike lasting more than 30 days or, before the expiry of 30 days, any strike whose continuance is considered to be prejudicial to the national interest (section 32(2)). In addition, the Industrial Relations (Amendment) Act, 1980, makes illegal any strikes which have not been consented upon by three-quarters of the members of the trade union or federation recognised as collective bargaining agent (section 28 of the 1969 Ordinance, as amended by section 8 of the 1980 Act, read together with sections 22, 43 and 46(1)(b) of the Ordinance). By virtue of section 57 of the Ordinance, participation in any illegal strike may be punished with imprisonment (which, as previously noted, may involve compulsory labour). The Government indicated that the punishment under the provisions referred to does not lead to rigorous imprisonment and, therefore, the Government did not contemplate to review them. The Committee notes that the Government in its latest report reiterates its previous position. The Committee expresses the hope that the Government will take the necessary measures to ensure the observance of the Convention, either by amending the relevant sections of the Ordinance or by providing in law that rigorous imprisonment may not be inflicted upon persons who contravene the above-mentioned sections of the Ordinance.

6. In its previous comments, the Committee noted that under sections 2 and 3 of the Services (Temporary Powers) Ordinance, No. II of 1963, the Government may prohibit strikes by employees of the Government or of a local authority, inter alia, in the interest of public order, contraventions being punishable with rigorous imprisonment (involving an obligation to work). The Committee noted the Government's indication that it examines the Committee's comments. The Committee accordingly hopes again that the necessary measures will be taken to bring sections 2 and 3 into conformity with the Convention.