Observación (CEACR) - Adopción: 2017, Publicación: 107ª reunión CIT (2018)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Bangladesh (Ratificación : 1972)

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The Committee takes due note of the observations of the International Organisation of Employers (IOE) received on 31 August 2017, containing the Employer statements made before the 2017 Conference Committee with regard to the individual case of Bangladesh. The Committee notes the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017. The Committee notes the Government’s reply to both of these observations, as well as to those received from the ITUC in 2015 and 2016.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the discussion that took place in the Conference Committee on the Application of Standards in June 2017 concerning the application of the Convention. The Committee observes that the Conference Committee called upon the Government to: (i) ensure that the Bangladesh Labour Act and the Bangladesh Labour Rules (BLR) are brought into conformity with the provisions of the Convention regarding freedom of association, paying particular attention to the priorities identified by the social partners; (ii) ensure that the draft EPZ Labour Act allows for freedom of association for workers’ and employers’ organizations and is brought into conformity with the provisions of the Convention regarding freedom of association, with consultation of the social partners; (iii) continue to investigate, without delay, all alleged acts of anti-union discrimination, including in the Ashulia area, ensure the reinstatement of those illegally dismissed, and impose fines or criminal sanctions (particularly in cases of violence against trade unionists) according to the law; and (iv) ensure that applications for union registration are acted upon expeditiously and are not denied unless they fail to meet clear and objective criteria set forth in the law. The Conference Committee also urged the Government to continue to effectively engage in ILO technical assistance to address the above recommendations and to report in detail on the measures taken to implement these recommendations to the next meeting of the Committee of Experts in November 2017.

Civil liberties. In its previous comments, having noted the serious incidents of violence, retaliation and harassment against workers alleged by the ITUC, the Committee requested the Government to provide detailed information on the outcome of investigations and trials into these allegations. The Committee notes the Government’s reply to the allegations raised, as well as its general statement that all cases of alleged violence and harassment are investigated neutrally and impartially by the relevant authorities. The Committee observes, however, that the Government did not provide information on the investigations or any measures with respect to a number of specific allegations raised in the ITUC comments. The Committee further notes with concern the new allegations of arrest, detention, surveillance, violence and intimidation of workers contained in the 2017 ITUC communication. The Committee notes the Government’s comments thereto and observes that no information was provided in respect of: (i) the alleged incidents of violence, intimidation and false criminal charges against 70 union leaders and their families in May 2017 in Chittagong; and (ii) the alleged police intervention in a labour training and intimidation of its participants in January 2017. The Committee also notes the Government’s general statement that references to threats, physical assaults and other coercive measures contained in the ITUC communication are fabricated and are not based on facts. Recalling that it has been receiving serious allegations of violence against trade union members for a number of years and that allegations of systematic anti-union retaliation have also been addressed by the Committee on Freedom of Association (see 382nd Report of the Committee on Freedom of Association, Case No. 3203, paragraphs 170–171) and discussed in the Conference Committee, the Committee expresses deep concern at the continued violence and intimidation of workers and emphasizes in this regard 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 urges the Government to provide information on the remaining specific allegations of violence and intimidation, including to report on prosecutions initiated, convictions obtained, and criminal sanctions imposed for any past incidents, and to take all necessary measures to prevent such incidents 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. The Committee had previously requested the Government to provide information on the reasons for which a high number of registration applications were refused in 2016, to continue to provide statistics on the registration of trade unions and the use of the online registration application and to take measures to ensure that the registration process is a simple formality. The Committee had also recalled the recommendations of the high-level tripartite mission to devise standard operating procedures (SOPs) and to establish a public database on registration. The Committee notes the Government’s indication that: (i) the registration process is clearly spelled out in the law and the reasons for rejecting an application are communicated to the applicant within 60 days; (ii) trade union registration increased remarkably after the 2013 amendment of the Bangladesh Labour Act, 2006 (BLA) – before the amendment, there were 6,726 registered trade unions in the country and 161 federations, whereas as of July 2017, the numbers increased to a total of 7,779 registered trade unions and 175 federations, with a membership of 2,917,627 workers; (iii) in the ready-made garment (RMG) sector, 470 new trade unions and 48 federations were registered between 2013 and 2017, bringing the total number of registered trade unions to 602; (iv) since the beginning of 2017, the registration rate in Dhaka was 75 per cent; (v) the online registration system guarantees transparency and deprives the Joint Director of Labour (JDL) of any discretionary power; (vi) since March 2015, a total of 801 online applications were received through the online system, out of which 291 were granted; (vii) a public database on union registration, developed with the support of the ILO Country Office, is available on the website of the Directorate of Labour (DoL) and contains relevant information regarding registration of trade unions, including reasons for rejecting an application; (viii) as of August 2017, the information on the status of 191 applications for registration was made available in the database, out of which 129 were accepted and 62 rejected; (ix) SOPs for trade union registration, developed in consultation with the concerned stakeholders, were adopted in May 2017 and introduced specific time frames within which each step of the registration process – examination, rectification and decision – must be completed; (x) the SOPs should expedite the registration process and increase its transparency; and (xi) the JDL has already started using the SOPs and training for internal staff has begun. The Government adds that it has also initiated the upgradation of the Directorate of Labour to a Department, which will result in an increase of manpower from 712 to 921 and that this process is at the final stage pending approval by the highest authority.

The Committee takes note of the detailed information provided by the Government and notes with interest the creation of a public database on union registration and the adoption of the SOPs on registration, both of which have the potential to improve the rapidity and transparency of the registration procedure. The Committee also welcomes the envisaged increase of manpower of the DoL. While further noting the reported increase in the number of registered trade unions and federations, the Committee observes from the information provided by the Government that a mere 36 per cent of applications for registration submitted through the online registration system (291 out of 801) were accepted, whereas the status of the remaining 64 per cent is unclear, and that more than a third of the applications for registration available in the database on registration (62 out of 191) are marked as rejected without a clear indication as to the reasons. Furthermore, the Committee notes that, according to the ITUC, obstacles to registration remain: the JDL retains discretionary power to refuse registration; in 2017, 22 out of 50 applications in the RMG sector were so far rejected and in Chittagong, 15 out of 20 applications were rejected; and trade unions in many sectors face repeated refusal of registration. The Committee further observes that the Committee on Freedom of Association also examined allegations of continued arbitrary denial of trade union registrations and noted with concern the severe implications that the alleged recurrent practice of factory management to seek injunctive relief from the courts to stay union registrations that have been properly granted, thus freezing union activities for prolonged periods of time, may have on the functioning of trade unions (see 382nd Report of the Committee on Freedom of Association, Case No. 3203, paragraphs 172–173). Observing that the number of rejected applications for registration remains high, and that a substantial proportion of rejections come without explanation, the Committee requests the Government to continue to take all necessary measures to ensure that registration is a simple, objective and transparent process, which does not restrict the right of workers to establish organizations without previous authorization. The Committee expects that the use of the SOPs, the reduction of time limits for registration and the online database will have a positive impact on the registration rate of trade unions and requests the Government to provide all relevant statistics in this regard, including the average time taken for registration. The Committee also requests the Government to continue to provide updated statistics as to the overall number of applications for registration (whether online or otherwise) received, accepted and/or rejected, the reasons given for all rejections, and to clarify the status of the 509 applications submitted through the online system, which were not granted.

Minimum membership requirements. In its previous comments, the Committee had requested the Government to take the necessary measures to review sections 179(2), 179(5) and 190(f) of the BLA with a view to their amendment so as to reduce the excessive 30 per cent threshold necessary for forming a union and maintaining its registration. The Committee notes the Government’s indication that workers and employers have contradictory opinions with regard to the minimum membership requirement, as a result of which the Government placed the following proposals for amendment: repeal of section 190(f) of the BLA, which allows for cancellation of a trade union if its membership falls below the minimum membership requirements, and amendment to section 179(2) according to which the minimum membership requirement for trade union registration would depend on the total number of workers employed in an establishment: if there are less than 2,000 workers in an establishment, the requirement would remain 30 per cent; for enterprises with 2,001 to 5,000 workers it would be 27 per cent; 5,001 to 7,500 workers – 24 per cent; and 7,501 workers or more – 20 per cent. While welcoming the Government’s attempt to reduce the minimum membership requirement and adapt it to the size of the enterprise, despite a lack of agreement among the social partners in this regard, the Committee regrets that the proposed amendments do not respond to its longstanding concerns and notes with concern that the minor reduction in the minimum membership requirements proposed by the Government is not likely to have an impact on a large number of enterprises and thus would not, in any meaningful manner, contribute to the free establishment of workers’ organizations. The Committee therefore urges 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 expects that the Government will engage in meaningful discussions with the social partners and that it will be able to report progress in this regard in the near future, in particular on any new proposals for reducing the minimum membership requirements. The Committee also requests the Government to provide information on the approximate number of enterprises falling within each of the mentioned enterprise categories for the purpose of establishing adequate minimum membership requirement and to indicate the sectors in which they operate.

The Committee had also previously requested the Government to clarify whether Rule 167(4) of the BLR establishes a minimum membership requirement of 400 workers to establish an agricultural trade union, and if so, to align it with the BLA and in any event, to lower it to ensure conformity with the Convention. The Committee notes the Government’s indication that Rule 167(4) sets the requirement to form a trade union to 400 farm workers but that this issue has been resolved through a gazette notification dated 5 January 2017. Observing that it is unclear from the Government’s comments whether the requirement of 400 workers was repealed or lowered, the Committee requests the Government to clarify this point and to provide a copy of the gazette notification.

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, in consultation with the social partners, to take the necessary measures to review and amend a number of provisions of the BLA to ensure their conformity with the Convention. The Committee notes the Government’s indication that while the newly established Tripartite Technical Committee (TTC) met on several occasions to make suggestions on the possible amendment of the BLA, the latter being applicable to a large number of sectors, broad consultations with stakeholders are necessary and certain provisions are thus still under examination. The Government adds that a special committee headed by a senior government official was also established to coordinate and give suggestions for the final approval of amendments to the BLA and the draft Bangladesh Export Processing Zones Labour Act (EPZ Labour Act). The Government states that in November 2017, a further tripartite committee for amendment of the BLA was formed by the Ministry of Labour and Employment (MOLE) and prepared a report with recommendations on how to address the pending ILO observations. The Committee welcomes the Government’s efforts to review the BLA and notes the following proposed amendments: extension of the scope of the Act to certain industries previously excluded from it (repeal of clauses (e), (h) and (n) of section 2(4)); broadening of the definition of worker to include members of the watch and ward staff, firefighting staff and confidential assistant of any establishment (deletion of the corresponding restriction from section 175); clarification that workers in the informal sector do not need to provide identity cards issued by an establishment to apply for registration (section 178(2)(a)(iii)); 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 the union dues (section 179(1)(d)); reduction of the time limit for the DoL to register a trade union (section 182(1), (2) and (4)); addition of section 182(7) instructing the Government to adopt SOPs for the registration of trade unions; repeal of section 184(2)–(4) and amendment of section 185 which impose excessive restrictions on organizing in civil aviation and for seafarers, including trade union monopoly; deletion of the possibility for the DoL to cancel trade union registration if it has been obtained by fraud or misinterpretation of facts (repeal of section 190(1)(c)); deletion of the possibility to cancel a trade union if, in an election for determination of collective bargaining agent, it obtains less than 10 per cent of the total votes cast (repeal of section 202(22)); and repeal of section 211(8) prohibiting strikes in an establishment for a period of three years from the commencement of its production.

While taking due note of these proposed amendments, the Committee observes that many of the changes it has been requesting for a number of years have either not been addressed or addressed only partially. 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: (1) scope of the law – restrictions on numerous sectors and workers remain (sections 1(4), 2(49) and (65) and 175); (2) restriction on organizing in civil aviation (section 184(1)); (3) restrictions on organizing in groups of establishments (sections 179(5) and 183(1)); (4) restrictions on trade union membership (sections 2(65), 175, 193 and 300); (5) interference in trade union activity (sections 196(2)(a) and (b), 190(1)(d)–(e) and (g), 192, 229, 291 and 299); (6) 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)); (7) interference in the right to draw up constitutions freely (sections 179(1) and 188 (in addition, there seems to be a discrepancy as 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)); (8) excessive restrictions on the right to strike (sections 211(1) and (3)–(4) and 227(c)) accompanied by severe penalties (sections 196(2)(e), 291(2)–(3) and 294–296); and (9) excessive preferential rights for collective bargaining agents (sections 202(24)(c) and (e) and 204). While further noting that the proposed amendments would decrease 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 and for participation in activities of unregistered trade unions (sections 291(2)–(3), 294–296 and 299) – the Committee 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. The Committee also notes that the proposed amendment to section 210(10)–(12), which would enable the Conciliator to refer an industrial dispute to an arbitrator even if the parties do not agree, could result in compulsory arbitration contrary to the Convention. In view of the above and recalling the conclusions of the Conference Committee, the Committee urges the Government to take the necessary measures, in consultation with the social partners, to continue to review and amend the relevant 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 firmly hopes that the Government will be able to report progress in this regard in the near future.

Bangladesh Labour Rules. The Committee had previously requested the Government to review the following BLR provisions so as to ensure that workers’ organizations are neither restricted nor are subject to interference in the exercise of their activities and internal affairs, that unfair labour practices are effectively prevented and that all workers, without distinction whatsoever, may participate in the election of representatives: Rule 188 (employer participation in the formation of election committees which conduct the election of worker representatives to participation committees in the absence of a union); Rule 190 (prohibition on certain categories of workers to vote for worker representatives to participation committees); Rule 202 (general restrictions on actions taken by trade unions and participation committees); Rule 350 (broad powers of inspection of the DoL); lack of provisions providing appropriate procedures and remedies for unfair labour practice complaints; as well as the possible impact of Rule 169(4), which limits eligibility to the union executive committee to permanent workers, on the right of workers’ organizations to elect their officers freely. The Committee notes the Government’s statement that since the BLA is under review, further amendments to the BLR may also be necessary. The Committee welcomes the Government’s indication that that SOPs on unfair labour practices and anti-union discrimination were recently adopted to facilitate the handling and investigation of such allegations in a transparent manner and that the outcome of the investigations is available in a public database (this point is examined in more detail in the Committee’s comments on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98)). The Committee further notes that, as indicated by the ITUC, Rule 2 contains a broad definition of administrative and supervisory officers who are excluded from the BLA; Rule 85, Schedule IV, sub-rule 1(h) prohibits members of the Safety Committee from initiating or participating in an industrial dispute; and Rule 204 determines that only subscription-paying workers can vote in a ballot to issue a strike, whereas section 211(1) of the BLA refers to union members. In this regard, the Committee recalls that the rights under the Convention are granted to all workers without distinction or discrimination of any kind, including managerial and supervisory staff, and that matters of internal administration should be left to the discretion of the members of the trade union without any intervention by the public authorities. In the absence of any changes made to the mentioned provisions and recalling that the Conference Committee called upon the Government to ensure that the Bangladesh Labour Rules are brought into conformity with the Convention, the Committee reiterates its previous request and expects that during the revision process of the BLR, which should involve the social partners, its comments will be duly taken into account.

Right to organize in export processing zones (EPZs). In its previous comments, the Committee had requested the Government to revise the draft EPZ Labour Act so as to provide equal rights of freedom of association to all workers and bring the EPZs within the purview of the labour inspectorate. The Committee notes the Government’s indication that the draft EPZ Labour Act was recalled from Parliament for a thorough review to align it with core ILO Conventions and that the Bangladesh Export Processing Zones Authority (Zone Authority) conducted a number of meetings, as a result of which Chapters IX, X and XV have been redrafted through tripartite consultations on the basis of ILO observations, as well as comments of collective bargaining agents and investors. The Government further indicates that some requested amendments were not taken into account due to the concerns raised by workers and investors and informs that: (i) both workers and investors agree that to ensure harmonious industrial relations in EPZs only one Workers’ Welfare Association (WWA) should be formed within a company – as of November 2017, WWAs have been formed and are active in 74 per cent of eligible enterprises; (ii) a provision allowing formation of higher-level organizations through affiliation of WWAs within a Zone will be incorporated in the redrafted EPZ Labour Act, even though no WWA has expressed an interest in this respect and no practical effectiveness has been found of such further affiliation; (iii) to avoid any unrest relating to workers’ benefits which vary from enterprise to enterprise, WWA activities should be kept within the territorial limit of the enterprise; (iv) both workers and investors considered it necessary to include a provision in the law enabling the Zone Authority to approve funds from outside the Zone so as to prevent funding for illegal and subversive activities, but funds from any legal source for the welfare of workers are never denied; (v) since a WWA is the collective bargaining agent for the whole industrial unit where it was created, election of its Executive Council is open to all workers and not only WWA members; (vi) although employers and investors in EPZs are not interested in forming higher-level organizations, their associations are allowed to do so through affiliation among themselves; (vii) the Zone Authority developed its own mechanism of labour inspection, which is effective, transparent, accountable and scalable and also assists workers and employers to solve disputes through the Alternative Dispute Resolution (ADR) method; (viii) through massive structural changes, the administration system of the EPZs has been brought in line with the BLA and, similarly as under the Department of Inspection for Factories and Establishments (DIFE), an Additional Secretary of the Government will be the Inspector General; (ix) training programmes can be arranged to exchange information and technical know-how between the DIFE and the Zone Authority; and (x) both workers and investors are satisfied with the inspection and administration system of the EPZs and involvement of another authority could create dual administration issues, confusion among the parties and even unrest (234 WWAs and 335 investors provided their observations in writing regarding imposition of inspection other than the one conducted by the Zone Authority). The Committee welcomes the Government’s efforts to align the draft EPZ Labour Act with the BLA and notes some of the proposed amendments, including simplification of the formation and registration of WWAs through the repeal of section 96(2)–(3) establishing an excessive referendum requirement to constitute a WWA; repeal of section 98 prohibiting to hold a new referendum to form a WWA during one year after a failed one; repeal of sections 99(2) and 101 authorizing the Zone Authority to form a committee to draft a WWA constitution and to approve it; and repeal of section 115(1) allowing for deregistration of a WWA at the request of 30 per cent of eligible workers even if they are not members of the association and of section 115(5) prohibiting the establishment of a new association within one year after such deregistration. The Committee further welcomes the Government’s indication that a provision allowing for the formation of higher-level organizations within a Zone will be incorporated in the redrafted EPZ Labour Act. The Committee however recalls that to ensure full conformity with the Convention, it is also necessary to enable associations to affiliate beyond the Zone and engage with actors outside their Zone and enterprise. Therefore the Committee encourages the Government to add this to the list of proposed amendments (section 102(2) of the draft EPZ Labour Act currently restricts WWA activities to the territorial limits of the enterprise thus banning any engagement with actors outside the enterprise, including for training or communication, and section 102(4) prohibits association or affiliation with another WWA in the same Zone, another Zone or beyond the Zone and thus to form higher-level organizations).

The Committee regrets, moreover, that many changes requested by the Committee are still not addressed by the proposed amendments and emphasizes the need to further review the 2016 draft EPZ Labour Act to ensure its conformity with the Convention regarding the following matters: (1) scope of the law – specific categories of workers continue to be excluded from the law (workers in supervisory and managerial positions – section 2(49)) or from Chapter IX dealing with WWAs (members of the watch and ward, drivers, confidential assistants, cipher assistants, casual workers, workers employed by kitchen or food preparation contractors and workers employed in clerical posts – section 93); (2) excessive minimum membership requirement to create a WWA – 30 per cent of eligible workers of the industrial unit have to demand formation of a WWA (sections 94(2) and 97(5)); (3) the imposition of association monopoly at enterprise and industrial unit levels (sections 94(6), 97(5), paragraph 2, (6)–(7), 100 and 101); (4) detailed requirements as to the content of the WWA’s constitution which go beyond formal and may thus hinder the free establishment of the WWAs and constitute interference in the right to draw up constitutions freely (section 96(2)(e)–(f) and (p)); (5) limitative definition of the main functions of WWA members (section 102(3)); (6) prohibition to function without registration and to collect funds for such association (section 111); (7) interference in internal affairs by prohibiting expulsion of certain workers from a WWA (section 146); (8) broad powers and interference of the Zone Authority in internal union 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), determining the legitimacy of any WWA and its capacity to act as a collective bargaining agent (section 175(c)) and monitoring any WWA elections (section 185(1)); (9) interference in the election of officers through a mandatory opening of election of Executive Council members to all workers and not only WWA members (section103(2)); (10) only workers having worked during a specific period of time at the enterprise can elect and be elected to the Executive Council (section 103(5)(b)–(d)); (11) restrictions imposed on the eligibility of workers to the Executive Council (section 107); (12) prohibition to hold an election to the Executive Council during a period of one year, if a previous election was ineffective in that less than half of the eligible workers cast a vote (section 103(2)); (13) legislative determination of the tenure of the Executive Council (section 105); (14) broad definition of unfair labour practices, which also include participation in any WWA activities without permission from the employer, and imposition of penal sanctions for their violation (sections 115(1), 115(2)(a) and (f), 150(2)–(3)); (15) excessive requirement to issue a strike notice (consent of three-quarters of members of the Executive Council – section 126(2)); (16) 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 127(2)); (17) possibility to prohibit strike or lockout after 30 days or at any time if 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 130(3)–(4)); (18) possibility of unilateral referral of a dispute to the EPZ Labour Court which could result in compulsory arbitration (sections 130(3)–(5) and 143); (19) prohibition of strike or lockout for three years in a newly established enterprise and imposition of obligatory arbitration (section 130(9)); (20) possibility to hire 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 have the risk of causing serious damage to the machinery or installation of the industry (section 114(1)(g)); (21) excessive penalties, including imprisonment, for illegal strikes (sections 154 and 155); (22) prohibition of activities not within the aims and objects of the association as specified in its Constitution and prohibition to form or maintain any linkage with any political party or any non-governmental organization, as well as possible cancellation of such association and prohibition to form a WWA within one year after such cancellations (section 173(1)–(3)); (23) cancellation of a WWA on grounds which do not appear to justify the severity of the sanction (sections 109(1)(c)–(h), 173(3)); (24) power of the Government to exempt any owner, group of owners, enterprise or worker from any provision of the Act making the rule of law a discretionary right (section 179); (25) excessive requirements to form an association of employers (section 113(1)); (26) prohibition of an employer association to associate or affiliate in any manner with another association (section 113(2)); and (27) excessive powers of interference in employers’ associations’ affairs (section 113(3)). The Committee also notes that section 198 provides the possibility for the Zone Authority, with the approval of the Government, to establish regulations, which could further restrain the right of workers and their organizations to carry out legitimate trade union activities without interference. The Committee further recalls its previous comments that Chapter XIV (previously Chapter XV) on administration and labour inspection runs counter to the notion of an independent public authority to apply the laws fairly. Finally, the Committee notes that while according to the information provided by the Government to the Conference Committee, administration and inspection of factories in EPZs would fall under the BLA, the information provided in the Government’s report suggests that despite structural changes being made, the administration and inspection in the EPZs will remain separate from those under the BLA. Observing that a very large number of provisions would need to be repealed or substantially amended to ensure the compatibility of the draft EPZ Labour Act with the Convention and recalling the conclusions of the Conference Committee, the Committee requests the Government to continue to review the draft EPZ Labour Act, in consultation with the social partners, to address all the issues highlighted above and to bring the EPZs within the purview of the Ministry of Labour and the Labour Inspectorate.

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 commitment to uphold the workers’ rights to freedom of association and their right to strike for realizing their legal demands, expressed at the Conference Committee, the Committee expresses its firm hope that significant progress will be made in the very near future to bring the legislation and practice into conformity with the Convention.

Noting the Government’s request for additional assistance in strengthening its capacity to improve industrial relations at the enterprise level and to provide training for EPZ industrial relations officers and counsellors-cum-inspectors, the Committee hopes that the Office will continue to provide all technical support needed in this respect.