Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1(a), (c) and (d) of the Convention. Penalties involving compulsory labour as a punishment for expressing political views, for breaches of labour discipline and for participating in strikes. For many years, the Committee has been referring to various provisions of the national legislation, under which penalties of imprisonment involving compulsory labour may be imposed as a punishment for expressing political views, for breaches of labour discipline and for participating in strikes in a wide range of circumstances. It referred in this connection to certain provisions of the Penal Code, the Special Powers Act (No. XIV of 1974), the Industrial Relations Ordinance (No. XXIII of 1969), the Control of Employment Ordinance (No. XXXII of 1965), the Post Office Act (No. VI of 1898), the Services (Temporary Powers) Ordinance (No. II of 1963) and the Merchant Shipping Ordinance (No. XXVI of 1983).

The Committee has noted the adoption of the Bangladesh Labour Act, 2006, which repealed and replaced the Industrial Relations Ordinance, 1969. However, the Committee notes with regret that the new Act does not contain any improvements as compared to the previous legislation in regard to the matters falling within the scope of the Convention. Thus, the Labour Act, 2006, still provides for certain restrictions on the right to strike, enforceable with sanctions of imprisonment involving compulsory labour, which is incompatible with the Convention. Regarding the Committee’s earlier comments on the Penal Code and the Special Powers Act, 1974, the Committee previously noted the Government’s repeated indications that the National Labour Law Commission had been examining the existing laws with a view to preparing recommendations to the Government regarding their amendment. The Committee expresses the firm hope that the necessary measures will at last be taken in order to bring the national legislation into conformity with the Convention and that the Government will soon be in a position to report the progress made in this regard.

Article 1(c). Disciplinary measures applicable to seafarers. In its earlier comments, the Committee 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, and sections 196, 197 and 200(iii), (iv), (v) and (vi) of the same Ordinance, which provide for penalties of imprisonment (involving compulsory prison labour) for various disciplinary offences.

The Committee recalls that Article 1(c) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline and points out that only sanctions relating to acts tending to endanger the ship or the life or health of persons are not covered by the Convention. The Committee reiterates the firm hope, referring to the explanations provided in paragraphs 179–180 of its 2007 General Survey on the eradication of forced labour, that sanctions of imprisonment (involving compulsory labour) in the Merchant Shipping Ordinance will be either repealed or restricted to offences that endanger the safety of the ship or the life or health of persons, in order to bring the legislation into conformity with the Convention on this point. The Committee asks the Government to indicate, in its next report, the measures taken or envisaged to that effect.

The Committee is also addressing a more detailed request on the above points directly to the Government.