Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

The Committee refers to its observation under the Convention.

Article 1(a) of the Convention

1. In its earlier requests, the Committee observed that under sections 16-20 of the Special Powers Act No. XIV of 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 the 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 refers once more to explanations given in paragraphs 102-109 and 138-140 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. The Committee notes that the Government in its report refers to the formation of a Law Commission which is examining the existing laws and will submit recommendations.

The Committee hopes that the Government will take the necessary measures to repeal or amend sections 16-20 of the Special Powers Act of 5 February 1974 so as to ensure the observance of the Convention. The Committee also asks the Government to supply information on the work of the Law Commission on that point.

2. 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: sections 124A (brings the Government into hatred or contempt or exciting disaffection towards it); 141-143 (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 any assembly of five or more persons which being likely to cause a disturbance of 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).

The Committee notes the Government's statement in its report that there are no compiled data on the issue and that it is not in the position to supply full information on the matter now. The Committee again requests the Government to supply information on the application in practice of the above provisions, including copies of any court decisions defining or illustrating their scope so as to enable the Committee to ascertain their being applied in a manner compatible with the Convention.

Article 1(c)

3. In its previous comments, the Committee referred to the following provisions under which prison sentences may be imposed, which may, under section 3(26) of the General Clauses Act, 1897, involve compulsory labour:

-- Industrial Relations Ordinance, No. XXIII of 1969, sections 54 and 55 (failure to implement or breach of, any settlement, award, decision);

-- Control of Employment Ordinance, No. XXXII of 1965, sections 5(2)(h) and (i), 6(3) and 13(1) (prohibiting persons employed or engaged in "essential work" from leaving their work or absenting themselves from duty or slowing down or otherwise impeding their output, essential work being defined in section 2(3) as any work relating to the manufacture, production, maintenance or repair of arms, ammunition and equipment or other supplies and any other work which the Government may, by notification in the Official Gazette, declare to be essential work for the purposes of this Ordinance);

-- Post Office Act, No. VI of 1898, section 50 (postal employees who withdraw from the duties of their office without one month's previous notice in writing).

While noting the indication in the Government's latest report that the report of the National Law Commission, 1992 was under consideration, the Committee notes from the report of that commission that sections 54 and 55 of the Industrial Relations Ordinance were not touched upon in the report, that the Control of Employment Ordinance, although stated to have been enacted in circumstances arising out of the 1965 war, is not recommended for repeal and is considered to have "no connection with labour laws," and that likewise, the Post Office Act is not mentioned in the report. Recalling that the provisions mentioned above provide for the imposition of sanctions involving compulsory labour as a punishment for breaches of labour discipline, contrary to Article 1(c) of the Convention, the Committee hopes that the Government will be in a position to indicate in its next report that the necessary steps have been taken to bring the abovementioned provisions into conformity with the Convention.

4. The Committee notes the recommendation of the National Law Commission, 1992 in its report that the Essential Services (Maintenance) Act 1952 (LIII of 1952), the Essential Services (Second Ordinance) 1958 (XLI of 1958) and the Services (Temporary Powers) Ordinance, 1963 (II of 1963) should be integrated into one independent law. While no reference was made by the Commission in its report to the provisions of the Essential Services (Maintenance) Act 1952 and Essential Services (Second Ordinance) 1958 under which termination of employment without the consent of the employer is a punishable offence, the Committee hopes that these provisions, which are contrary to Article 1(c) of the Convention and which have been the subject of comments under Convention No. 29 for a considerable number of years, will at last be repealed. With regard to the Services (Temporary Powers) Ordinance, the Committee refers to point 8 below.

Article 1(c) and (d)

5. In its previous comments, the Committee observed that the Bangladesh Merchant Shipping Ordinance, No. XXVI of 1983, provides under sections 198 and 199 for the forcible conveyance of seamen on board ship to perform their duties, and in sections 196, 197 and 200(iii), (iv), (v) and (vi) for the punishment, with imprisonment which may involve an obligation to work, of various disciplinary offences, in cases where life, safety or health are not endangered. The Committee requested the Government to review the Ordinance and to indicate the measures taken to bring it into conformity with the Convention. The Committee notes that the National Law Commission, 1992 in its report recommends that the Ordinance, which it considers not to have a direct connection with other labour laws, "shall continue to be in force". In its latest report, the Government indicates that the Ordinance is in the process of review and that the abovementioned provisions will be examined by a tripartite committee.

The Committee hopes that the Government will soon be in a position to indicate that the necessary action has been taken to bring the Ordinance into conformity with the Convention.

Article 1(d)

6. 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), prohibits strikes in public utility services and makes strikes illegal in various other circumstances, such as strikes by unorganized workers (sections 43 and 46(1)(b)), or where the Government has exercised its right to prohibit any strikes lasting more than 30 days or, before the expiry of 30 days, any strike whose continuance is considered prejudicial to the national interest (section 32(2)). Strikes are also illegal if they have not been consented upon by three-quarters of the members of the trade union or federation recognized 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, according to section 3(26) of the General Clauses Act, 1897, may involve an obligation to work).

The Committee notes that the National Labour Law Commission, 1992 in its report has made a number of recommendations concerning the Industrial Relations Ordinance, including the recommendation that illegal strikes shall be considered as unfair labour practices, but that the abovementioned provisions of the Industrial Relations Ordinance were not referred to by the National Labour Law Commission, 1992, in its report. Noting also the Government's indication in its report that no case of awarding rigorous imprisonment involving compulsory labour has come to its notice, and that workers' organizations are functioning freely and none of them has ever complained that any labour law has in any way been the cause of forced or compulsory labour, the Committee hopes that necessary measures will be taken to ensure the observance of the Convention both in law and in practice, either by removing the abovementioned restrictions on the right to strike, or by removing the penalties through which these restrictions are enforced and which may involve an obligation to perform labour. The Committee looks forward to learning of concrete action taken to this end.

7. The Committee notes from the report of the National Labour Law Commission, 1992 that under the Communications and Transport Services Maintenance Ordinance, 1957 (XII of 1957), strikes may be prohibited for a period not exceeding six months, inter alia, in "post, ... railway services, ports and passenger transport services in the capital, loading and unloading of goods in ports, etc." The Commission recommends that these provisions be integrated into those of the Services (Temporary Powers) Ordinance, 1963. The Committee observes that the above provisions, if enforceable with penalties involving an obligation to work, are incompatible with Article 1(d) of the Convention. With regard to the provisions of the Services (Temporary Powers) Ordinance, 1963, the Committee refers to point 8 below.

8. 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.

In this respect, the National Labour Law Commission, 1992 noted in its report that it was not desirable to prohibit any such strike which falls in the purview of the Industrial Relations Ordinance by this law. Referring also to its comments on the Industrial Relations Ordinance in point 6 above, the Committee again expresses the hope that the Government will take the necessary measures to bring sections 2 and 3 of the Services (Temporary Powers) Ordinance into conformity with the Convention.

9. The Committee notes that by notification of 24 April 1998, the Ministry of Labour has reconstituted the "Labour Law Review Committee" which is to carefully review the "Draft Labour Code 1994" and submit a report on the same together with is recommendation. The Committee hopes that in connection with the work on a draft labour code the necessary measures will be taken to eliminate or amend the abovementioned provisions of the legislation in force that are incompatible with the Convention, and that the Government will supply full information on the measures taken to this end.