Informe provisional - Informe núm. 408, Octubre 2024

1. 172. The Committee last examined this case (submitted in February 2017) at its March 2023 meeting, when it presented an interim report to the Governing Body [see 401st Report, paras 159–196 approved by the Governing Body at its 347th Session]. 
2. 173. The International Trade Union Confederation (ITUC) provided additional information in a communication dated 19 February 2024.
3. 174. The Government provided its observations in communications dated 13 September 2023 and 13 May and 9 September 2024.
4. 175. Bangladesh has ratified 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).

A. Previous examination of the case

1. 176. At March 2023 meeting, the Committee made the following recommendations on the matters still pending [see 401st Report, para. 196]:
   • (a) The Committee firmly hopes that the two remaining cases filed against workers in the aftermath of the 2016 Ashulia strike to be concluded without further delay and requests the Government to keep it informed of their outcome.
   • (b) The Committee firmly hopes that the newly formed “CFA Case Monitoring Committee” will effectively expedite the resolution of the longstanding issues before it, and in particular, that this body will take the necessary steps to ensure that an independent inquiry into the allegations of ill-treatment of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike is instituted without further delay. It requests the Government to keep it informed of the steps taken in this regard.
   • (c) The Committee requests once again the Government to provide its observations on the February 2020 additional allegations of the complainants referring to mass retaliation against workers following the 2018–19 demonstrations (dismissals, public shaming, defamation and blacklisting) and persistent monitoring, surveillance and intimidation of trade unionists. The Committee requests the Government to take the necessary measures to address and prevent all forms of retaliation, intimidation, harassment and surveillance of workers based on trade union membership or legitimate trade union activities.
   • (d) The Committee welcomes the Government’s continued commitment and the information provided on the number of trainings of police personnel in 2022 and requests the Government to provide further details of trainings on civil liberties, human rights and trade union rights provided to police officers and other state officials, particularly for the police engaged in industrial and export-processing zones. The Committee also requests the Government to provide copies of the curriculum for in-service training of police officers.
   • (e) The Committee urges the Government to ensure that a thorough and independent investigation is conducted into the circumstances of the deaths of seven protesting workers in the power plant construction site in Banshkhali, Chattogram on 17 April 2021, and to determine whether the injuries inflicted on 13 other workers in the same protest were the result of disproportionate use of force by the police or were caused otherwise. It further urges the Government to ensure that such investigations are also conducted on the incidents in factories D, E and F, as well as into the allegations concerning excessive use of force during the 2018–19 minimum-wage protests, and to keep the Committee informed of the steps taken in this regard and the outcome thereof. The Committee also urges once again the Government to provide information on the outcome of the investigation that the Government previously indicated was being conducted into the killing of one worker during the minimum-wage demonstrations. The Committee hopes that the CFA Case Monitoring Committee will be able to ensure that necessary steps are taken for full investigation of these incidents, and trusts that the efforts of the Government to request the Ministry of Home Affairs to establish a dedicated investigatory body will enable important progress on rendering the full facts into these matters and ensuring that such situations are not repeated.
   • (f) The Committee requests the Government to keep it informed of the final approval and implementation of the Standard Operative Procedure (SOP) for conciliation of labour disputes.
   • (g) The Committee expects that the four cases that remain pending against workers in relation to the 2018–19 minimum-wage protests will soon be concluded and requests the Government to keep it informed of their status. It further requests the Government to provide information on the status of cases pending against workers of factories E and F and the SS power plant in Banshkhali.
   • (h) The Committee expects that the trial of Secretary-General of the BGIWF and the 23 other union leaders and members of factories G and H will be rapid and that they will benefit from all the safeguards of a normal judicial procedure. It requests the Government to keep it informed of the status of the case.
   • (i) The Committee once again requests the Government to remain vigilant towards allegations of all forms of anti-union discrimination, including dismissals and blacklisting of trade unionists, and police interference in union activities, so as to be able to take measures to rapidly and properly address such allegations. It invites the Government to provide its observations on the allegation concerning the anti-union dismissal of the communication secretary of the GPEU and the lengthy judicial proceedings concerning her complaint and to provide information on the status of the pending court case concerning anti-union practices in factory C.
   • (j) The Committee draws the attention of the Governing Body to the serious and urgent nature of this case.

B. The complainant’s new allegations

1. 177. In its communication dated 19 February 2024, the ITUC alleges the occurrence of new cases of anti-union violence and discrimination, including repression, murder, and unfair termination of contracts, and expresses concern that respect for civil liberties and fundamental human and labour rights is deteriorating in Bangladesh.
2. 178. According to the ITUC, the announcement of the new minimum wage on 7 November 2023 (12,500 Bangladeshi taka/US$113 per month), which turned out to be slightly above half of the amount demanded by workers, gave rise to continuous protests which were repeatedly met by violent repression. The ITUC indicates having received information on the deployment of 48 platoons of Border Guard Bangladesh, a paramilitary force, in major garment industrial areas such as Gazipur and Ashulia, and also on incidents in which police has entered factory premises and beaten the workers who were locked inside. The ITUC alleges that on 8 November 2023, Ms Anjuara Khatun, a 24-year-old garment worker, was shot dead in a clash with the police. During the same incident, the police also shot with a pellet gun Mr Jalal Uddin, a garment worker from Islam Garments. Three days later Mr Jala Uddin passed away at Dhaka Medical College Hospital because of his injuries. According to the ITUC, four workers were killed, and an unknown number injured. The complainant further alleges that on 11 November 2023, upon their arrival at their workplaces, workers of at least 130 garment factories in the industrial areas of Savar, Ashulia and Dhamrai, found notices of closure for an indefinite period “due to garment workers’ unrest”, in accordance with section 13(1) of the Bangladesh Labour Act known as “no work, no pay”. The complainant affirms that the indefinite loss of wages resulting from these closures will have a devastating impact on workers.
3. 179. The ITUC further refers to reports of increasing number of dismissals in various forms: in some cases, workers were dismissed through official channels and following notification of “show-cause” letters, while others were dismissed verbally or pressured to resign under threat of arrest in relation to one of the outstanding criminal cases involving the charging of thousands of unnamed workers. The complainant also alleges that the police or factory management filed at least 60 criminal cases implicating at least 44,450 persons, including thousands of unnamed defendants and four leaders of independent trade union federations. At least 100 workers and union leaders were arrested in relation to these cases, who were held in overcrowded and unhygienic prisons over two months before their release on bail. The ITUC adds that many more workers remained in prison as of 22 January 2024, arrested in relation to additional cases filed by the police and indicates that this conduct of the authorities allowed the arbitrary prosecution of any critic of the minimum wage. The complainant expresses particular concern in relation to charges of attempted murder (section 307 of the Penal Code) brought against many workers, which made the obtention of bail very difficult and refers in this regard to the case of Mr Jewel Miya of Bangladesh Independent Garment Workers’ Union Federation (BIGUF) who had been denied bail four times. Furthermore, according to the complainant, detention conditions were dismal as already overcrowded prisons became teeming due to many election-related arrests; food was scarce and unsanitary; proper medical treatment unavailable; space was so scarce that inmates had to pay for a space to lie down in their cell, these costs putting a significant burden on their families and the unions supporting them.
4. 180. The ITUC finally denounces the lack of progress in amending the Bangladesh Labour Act (BLA), alleging that the Government had made only minimalist reforms that did not address the BLA’s lack of conformity with Conventions Nos 87 and 98. The complainant states that according to the unions, union representatives in the tripartite processes of legislative reform were not aware of the final draft that was adopted just before the November 2023 meeting of the ILO Governing Body, and many of their proposed amendments were rejected.

C. The Government’s reply

1. 181. In its communications of September 2023 and May and September 2024, the Government provides observations on the Committee’s previous recommendations and replies to the new allegations of the ITUC.
2. 182. Regarding recommendation (a) concerning the remaining two cases against workers following the 2016 Ashulia strike, the Government indicates that on 2 August 2022 the High Court of Dhaka suspended the proceedings in Ashulia Police Station case no. 30(12)16, which was filed against 15 labour leaders on 22 December 2016, and all defendants were released on bail. In its September 2023 communication, the Government indicates that the administrative process to vacate the suspension order was initiated. Regarding Ashulia Police Station case No. ST: 22/2018 (previously 43(12)16, filed on 28 December 2016) – which concerned six workers, the Government indicates that the trial is held before Seventh Additional District and Session Judge Court, where the next hearing is scheduled for October 2024. The Government adds that besides the two above-mentioned cases, eight cases were concluded without any charges against workers and through continuous involvement of the Department of Inspection of Factories and Establishments (DIFE), the Ministry of Labour and Employment (MOLE), and the Ministry of Law, Justice and Parliamentary Affairs (MLJPA).
3. 183. Regarding the Committee’s long-standing request to institute an independent inquiry into the allegations of ill-treatment of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike – recommendation (b) – the Government reiterates its indications in reply to recommendation (a) and states that nine cases have been expedited (only case no. 43(12)16 is pending). The Government adds that the “CFA Case Monitoring Committee” regularly monitors the progress of the remaining pending cases against workers and urges the Committee to monitor only those cases.
4. 184. Regarding the Committee’s recommendation (c), to provide observations on allegations of mass retaliation against workers following the 2018–19 minimum wage demonstrations, and persistent monitoring, surveillance and intimidation of trade unionists, the Government affirms that there was no case of retaliation, intimidation, harassment, and surveillance of workers based on trade union membership or legitimate trade union activities following the declaration of 2018-19 minimum wage. Any complaint of such acts are duly processed by the Department of Labour (DoL), the DIFE and the MOLE and if committed by the police, they are investigated and brought under disciplinary action resulting in punishment if responsibility is established.
5. 185. Concerning the details of the trainings on civil liberties, human rights and trade union rights provided to the police and other state officials – recommendation (d) – the Government indicates that between January 2021 and June 2023, the Industrial Police has organized a number of training courses with a duration of 7,496 hours in which 5,972 male and 638 female members of the Industrial Police participated. The trainings covered the issues of basic civil liberties, human rights and trade union rights, labour rights during labour protest and accountability of the police personnel while handling violations in industrial and export-processing zones (EPZ). On 9 August 2023, DoL organized a sensitization workshop for Industrial Police members in Dhaka, on the use of minimum force and respect of workers’ rights during labour protests. Thirty Industrial Police personnel ranked from Superintendents of Police (SP) to Assistant Sub-Inspector of Police (ASI) from three different industrial zones (Dhaka, Gazipur and Narayangonj) attended. The Judiciary, prosecutorial services and law enforcement agencies receive regular training on these issues as part of their mandate and further customized training will be provided based on specific needs and with ILO’s technical support. In December 2023, the Industrial Police published a compendium in Bangla of all existing and relevant laws, rules and regulations on the use of minimum force, applicable sanctions and penalties. In reply to the Committee’s request to provide copies of the curriculum for in-service training of police officers the Government shares a hyperlink.
6. 186. Concerning the Committee’s recommendation of conducting a thorough and independent investigation into circumstances of death and injury of workers and allegations of excessive use of force by the police in response to workers’ protests, in the power plant construction site in Banshkhali, Chattogram on 17 April 2021 where seven protesting workers lost their lives and 13 other workers were injured; at factory D  in Ashulia on 13 June 2021, where one garment worker lost her life and several others were injured; at factories E  and F  in Gazipur during February 2022 protests, where allegedly at least 30 garment workers were injured and, during 2018–19 minimum wage protests where one worker lost his life and at least 80 workers were injured – recommendation (e) – the Government provides the following indications:
   • (a) Power plant construction site in Banshkhali: the Government reiterates its previous account of the events that led to deaths and injuries; reaffirms that it was evident that the Industrial Police had no role in the incidents, and indicates that compensation and aid from Bangladesh Labour Welfare Foundation was given to the affected families and workers.
   • (b) Factory D: the Government indicates that workers held a protest to demand their wages after the factory closure and blocked the Dhaka-Tangail highway. Industrial Police intervened to restore highway communication when at a point of dispersal, Ms Jesmin Begum, a garment worker at a nearby factory had a fatal accident. The murder case filed by the victim’s husband was investigated by the competent sub-inspector of Ashulia Police Station. The investigation found that the victim was on her way to her nearby workplace when she fell into the middle of the incident of heavy labour unrest where she sustained several injuries including a severe injury on the back of her head against the railing of a bridge during the hustle and bustle of fleeing agitated workers, which resulted in her death. According to the investigation results, nobody was involved in this accidental death, therefore the case was closed with a final report which was subsequently accepted by court. The Government adds that the BEPZA, DEPZ and the victim’s employer company provided financial aid to the victim’s family.
   • (c) Factory E: following a work stoppage and protest by workers on 29 January 2022, and after the factory remained non-functioning a full day, the management decided to close. In the morning of the 1st of February, the workers gathered in front of the factory gate and engaged in vandalism by pelting brickbats towards factory E and other adjacent factories. The police patiently tried to disperse the workers by blowing whistles, but the situation worsened, and the police charged 14 rounds of sound grenades, which are non-lethal weapons, with the consent of senior officers and the Executive Magistrate present on the scene to save lives and protect state property. The Government affirms that in this incident no shotgun and tear gas were charged by the Industrial Police and no worker was injured.
   • (d) Factory F: in February 2022, some workers gathered and demonstrated demanding increased wages. They were then divided into two groups and started beating each other. The factory was closed after this incident but was reopened five days later and is currently running smoothly.
   • (e) 2018-19 minimum wage protests: on 8 January 2019 about 10,000 garment workers from several factories had blocked the Dhaka-Savar highway and vandalized vehicles. The police tried to convince the workers to leave the road but the workers threw bricks and stones and four police personnel were injured. The Government indicates that the police used water cannon, tear gas and rubber bullets to disperse the agitated workers and cleared the road for traffic movement. Concerning the alleged death of one worker during the minimum wage demonstrations, the Government indicates that one worker of An-Lima Textile named Sumon Mia, aged about 20 years, died in another area in a separate incident, unrelated to the protests. A police case was filed with Savar Police Station [number 34, dated 10 January 2019] under section 302 of the Penal Code (punishment for murder) which is under investigation.
7. The Government concludes that in every case, the enquiry is duly done, and the investigation report is submitted to the court. The CFA Case Monitoring Committee remains vigilant and has come up with a further plan for a “case management system” to track all cases electronically and make their details available to all concerned. Finally, concerning the status of establishment of a dedicated investigatory body by the Ministry of Home Affairs, the Government indicates that a letter is sent to the Ministry of Home Affairs, requesting to form a committee taking all concerned to examine and discuss any such incidents and whether application of extra force is involved. The Ministry is taking necessary steps.
8. 187. Regarding the Committee’s request of information on the final approval and implementation of the Standard Operative Procedure (SOP) for Conciliation of Labour Disputes – recommendation (f) – the Government indicates that the National Tripartite Consultation Council approved the SOP on 2 February 2023, and it was notified by the MOLE on 16 July 2023. It further indicates that English and Bengali versions of the SOP are available at the DoL website. A copy is provided by the Government. The Government adds that to provide secretariat services to conciliators and arbitrators, DoL had established a three-member cell on 29 September 2021 and that through a gazette notification dated 10 March 2022, it assigned 15 conciliators to 15 jurisdictions with a view to settling industrial disputes.
9. 188. Regarding the status of the four remaining cases against workers in relation to 2018–19 minimum wage protests – recommendation (g) – the Government indicates that in one case, the High Court of Dhaka stopped the proceedings on 29 October 2023, due to repeated absence of the complainant. The trial of another case, filed on 11 January 2019, continues before the Metropolitan Magistrate Court-5, Gazipur with the next hearing schedule in February 2025. The Government specifies that the factory involved in this case is currently closed and another factory is in operation in the same building. Finally, the trial of two additional cases filed on 14 January 2019 at the Gascha Police Station (No. 09/09 and No. 10/10) continues in the Additional Chief Metropolitan Magistrate Court-2, Gazipur and the Chief Metropolitan Magistrate Court, Gazipur, respectively, with the next hearings in both cases planned for December 2024. The Government also indicates that the trials of the cases against workers of factories E and F in Gazipur in relation to the February 2022 protests continue. The Government recalls that the senior manager of factory E filed the case against workers on the ground of vandalism and the administrative officer of factory F filed the case against 30 unruly workers under sections 143, 323, 307, 427, 380 and 506 of the Penal Code. Regarding the two cases related to the events in the SS power plant construction site in Banshkhali, the Government recalls that the chief coordinator of the company filed the first case against 1040–1050 anonymous workers and outsiders under sections 147, 149, 447, 335, 436, 379 and 427 of the Penal Code, and a superintendent from Gondamara police camp filed the second case against 2000–2500 anonymous workers and outsiders under sections 352, 353, 332, 333, 307, 302 and 34 of the Penal Code. The Government indicates that both cases are at the investigation stage.
10. 189. Regarding the cases pending against the Secretary-General of the Bangladesh Garment and Industrial Workers’ Federation (BGIWF) and 23 other union leaders and members of factories G and H – recommendation (h) – the Government indicates that on 6 August 2021, the Industrial Police, Gazipur, filed a case against the union leader Mr Babul Akter and 23 of his associates including members of factory G  based on sections 143, 332, 341, 353,114 and 109 of the Penal Code which is now under trial before Magistrate Court, Gazipur. An additional charge of instigation of violence was brought against Mr Akter. The Court accepted the charge sheet on 22 May 2022 and the next hearing date is in September 2024. All accused are on bail. Another case was filed by the General Manager of factory H  , regarding which the Court accepted the charge sheet on 5 August 2022 and the next hearing is scheduled in September 2024.
11. 190. Regarding the Committee’s request to remain vigilant towards allegations of all kinds of anti-union discrimination – recommendation (i) – the Government indicates that the established investigation mechanisms have in-built processes to probe allegations independently and are available to receive any substantiated information relating to allegations of anti-union discrimination. It further refers to preventive measures in this regard, including awareness-raising among the police personnel through trainings on labour law and human rights and civil liberties and quotes relevant elements of the “Road map on the labour sector in Bangladesh (2021-2026)”.
12. 191. Concerning lengthy judicial proceedings following the complaint of Ms Adeeba Zerin Chowdhury, the Communication Secretary of the Grameenphone Employees Union (GPEU) who alleged she was dismissed on anti-union grounds – recommendation (i) – the Government indicates that the GPEU applied for registration on 23 July 2012 and the next day, to stop the union movement, the management unlawfully terminated near 200 union members including seven union leaders, including Md. Omer Faruk, president, Muhammad Rasulul Amin, vice-president, and Ms Adeeba Zerin Chowdhury, communication secretary. The company offered the dismissed an exit package and asked them to sign resignation letters, which all but the three above-mentioned union leaders accepted. The Government further indicates that in September 2012, Ms Chowdhury filed individual cases against her dismissal in the First Labour Court, but the company submitted a discharge application, which was rejected by the Labour Court, then the company filed writ petitions in the High Court and obtained stay orders every six months until 2019, when the High Court division dismissed the writ petition and ordered the First Labour Court to finish the trial. Then the company appealed to the Appellate Division of the Supreme Court. The Supreme Court division stayed the order of the High Court until 6 August 2023, when it dismissed the company’s discharge petition and allowed the proceedings to continue in the Labour Court, where the latest hearing was scheduled on 14 August 2024. Finally, on the status of the pending case filed in 2021 concerning anti-union practices in factory C  , where a worker representative was allegedly blacklisted and dismissed without notice or justification after 20 years of service as punishment for his trade union activities [400th Report, para. 86], the Government indicates that the First Labour Court delivered a judgment in favour of the applicant a copy of which is communicated to the Committee.
13. 192. Regarding the allegations of violent repression of November 2023 minimum wage protests, the Government indicates that workers turned violent during the protests and police force was deployed for the safety of the workers, factories, and common people. The Government confirms that in the meanwhile, four workers died in separate incidents and provides the following details in this respect: Outsiders set fire inside the ABM Fashion Limited factory. Once the fire was brought under control, the dead body of Mr Imran, a worker of the factory was found. A case was filed which is under police investigation. Another worker, Mr Md. Rasel Howlader of Design Express Limited died on his way back home. In the other two instances, two workers of Islam Knit Design Ltd. (Unit-2), Ms Anju Ara Khatun and Md. Zala Uddin were caught in the middle of workers–police clash while they were heading to their homes. Being wounded, Ms Anju Ara died on the way to Dhaka Medical College Hospital, and Mr Zalal died at Dhaka Medical College Hospital. In all four cases, as compensation and group insurance, taka five lakh was given to each of the deceased heirs. The cases are currently under police investigation. The Government emphasizes that in all such cases the law of the country takes its course and there will be no exception regarding these cases. The Judiciary is independent and all cases of anti-union discrimination, unfair labour practice and violence against workers are duly addressed following the SOP adopted in 2017 for this purpose and reports are shared with the ILO.
14. 193. Regarding the allegation of increasing dismissals of workers and union leaders, including through forced resignation under threat of arrest in one of the outstanding criminal cases in which thousands of unnamed workers are charged, the Government indicates that such terminations are duly addressed when brought to the DIFE and proper remedies are given according to the law. Regarding the allegation that at least 60 criminal cases were filed implicating at least 44,450 people, including thousands of unnamed defendants and four organizers and leaders of independent trade union federations, the Government merely indicates that these statistics lack specific information. Concerning the case of Mr Jewel Mia mentioned by the complainant, the Government indicates that he was arrested on 26 October 2023 on charges of instigating protests over wages and that on 27 October 2023 a case was filed against him at the Konabari police station in Gazipur. He was released on 18 January 2024. The Government concludes that any information related to arrests or anti-union discrimination is seriously dealt with by the relevant authorities.
15. 194. Regarding the allegation of failure to consult union representatives in the tripartite process of amendment of the BLA, the Government indicates that after the 12th parliamentary election, the new Government reinitiated the amendment process. The Tripartite Law Review Committee (TLRC) discussed the observation made by the president’s office on 11 January 2024 and finalized its recommendations on 23 January 2024. Following assistance from the ILO in February 2024, a revised draft is being prepared and will be placed before the National Tripartite Consultative Council (NTCC). After the approval of the NTCC, the amendment proposal would soon be sent to the Cabinet.

D. The Committee’s conclusions

1. 195. The Committee recalls that this case concerns allegations of serious violations of freedom of association rights by the Government, in particular through the action of police forces in the aftermath of a strike in garment factories in Ashulia in December 2016, including arbitrary arrest and detention of trade union leaders and activists, death threats and physical abuse while in detention, false criminal charges, surveillance of trade unionists, intimidation and interference in union activities. The complainants also alleged continued excessive use of police force during peaceful protests in December 2018 and January 2019, in April and June 2021, in February 2022 and in November 2023 and criminal cases pending against workers who had participated in the protests. Additional allegations refer to systematic repression of trade union rights, including through anti-union acts by the employers, police violence and criminalization of trade union activities.
2. 196. The Committee notes the complainant’s new allegations once again addressing excessive use of force by the police, and the Government replies to these and to the Committee’s previous recommendations. The Committee notes more specifically that the new allegations concern the measures taken by the authorities in response to the November 2023 minimum wage protests, allegedly involving excessive use of force to repress protests resulting in death of four and injury of an unknown number of workers, filing of criminal cases against thousands of workers and trade unionist in relation to protests and their arrest and detention in dismal conditions. The Committee further notes the allegation concerning an increasing number of dismissals of workers and union leaders, sometimes in the form of forced resignation and finally, the allegation of failure to consult union representatives in the ongoing process of amendment of the BLA.
3. 197. The Committee notes that the Governments confirms the death of four workers in the minimum wage protests of November 2023 in Gazipur, indicating that one was the victim of a fire in a factory and three others were killed, on their way back home “caught in the middle of workers–police clash”. The Government indicates that the four deaths are under police investigation. The Committee notes that according to the complainant, two workers, Ms Anjuara Khatun and Md. Jalal Uddin were shot and that many workers were injured during the protests. It recalls that “in cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities” [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 104]. The Committee therefore urges the Government to ensure that an independent, impartial and objective investigation is conducted into allegations of excessive use of force against minimum wage protestors in November 2023, and to keep it informed of the process and outcome of this investigation. It also urges the Government to provide information as to the outcome of the investigation that is already initiated concerning the circumstances of death of four workers during the protests.
4. 198. The Committee notes the allegations of the filing of at least 60 criminal cases against thousands of workers and arrest and detention of many workers and union leaders in relation to protests. It notes in particular the allegation that four leaders of independent unions were among those against whom criminal cases were filed, that they were held for two months in overcrowded and unhygienic prisons before being released on bail and that many workers remained in detention as of 22 January 2024. The complainant also alleges that many were charged with attempted murder, which made release on bail improbable. The Committee finally notes the allegations as to the dismal conditions of detention, including scarcity and unsanitary quality of food, unavailability of proper medical treatment and teeming prisons. The Committee notes the Government’s reply that the statistics provided by the complainant lack specificity and that any information related to arrests is seriously dealt with by the relevant authorities. The Committee invites the complainant to provide details regarding the four arrested leaders of independent unions and the charges brought against them, as well as any further details in relation to detained union leaders and members. It further requests the Government to indicate whether any workers or union leaders remain in detention in relation to the minimum wage protests, to provide information on any criminal cases filed against workers in relation to those events and to ensure the release of any workers detained for exercising their trade union activities. As regards the allegation of the filing of at least 60 criminal cases against thousands of unnamed workers, the Committee expresses its concern that, should this be true, it may have a seriously intimidating effect on the exercise of freedom of association.
5. 199. The Committee further notes the allegation concerning Mr Jewel Miya of BIGUF, who was arrested, charged with attempted murder, and denied bail four times, and the Government’s indication that he was arrested on 26 October “on charges of instigation of protests over wages” and released on 18 January 2024. The Committee recalls that “the arrest, even if only briefly, of trade union leaders and trade unionists, and of the leaders of employers organizations, for exercising legitimate activities in relation with their right of association constitutes a violation of the principles of freedom of association”, and that “workers should enjoy the right to peaceful demonstration to defend their occupational interests” [see Compilation, paras 121 and 208]. The Committee notes that Mr Jewel Mia was arrested before the protests began for “instigation” of protests and has apparently been in detention throughout the protests until 18 January 2024. The Committee therefore requests the Government to drop any charges against Mr Miya that would be based on his exercise of legitimate trade union activities, including organization of public demonstrations in protest to the minimum wage measures taken by the Government, and to provide information on the status of the case filed against him.
6. 200. The Committee notes the allegations concerning the failure to ensure the effective participation of trade union representatives in the process of amendment of the BLA and the Government reply thereto. Recalling that “tripartite consultations before a Government submits a draft to the legislative assembly or establishes a labour social or economic policy should be full, frank and detailed” [Compilation, para. 1545], the Committee urges the Government to ensure full consultation of all relevant social partners in relation to the legislative amendment process and to keep it informed of any developments in this respect.
7. 201. Regarding its previous recommendation to ensure a thorough and independent investigation into allegations of violence and excessive use of police force, the Committee notes the following Government observations: (i) in the case of Banshkhali power plant construction site, it is evident that the Industrial Police had no role in the loss of life and injuries of workers; (ii) in factory D investigation following a complaint by the victim’s husband showed that the death was the result of an accident; (iii) in factory E the police used non-lethal means and no workers were injured; (iv) in factory F violence erupted among workers themselves who started beating each other; and (v) in 2018–19 minimum wage protests, the police used non-lethal means and the death reported was unrelated to the protests. The Committee also notes the Government’s indication that in every case, the enquiry is duly done, and the investigation report is submitted to the court. The CFA Case Monitoring Committee remains vigilant and, concerning the status of establishment of a dedicated investigatory body by the Ministry of Home Affairs, a letter is sent to the Ministry of Home Affairs, requesting to form a committee taking all concerned to examine and discuss any such incidents and whether application of extra force is involved. The Committee notes that the Government’s reply emphasizes that in no case death or injury of protesting workers was related to an excessive use of force by the police. The Committee notes however, that in none of these cases, which between December 2018 and February 2022 entailed the loss of life of nine workers and physical injury of allegedly 140, has any information been provided on an investigation to clarify who had killed or injured the victims, and how and why they were killed or injured, therefore leaving an overall sense of impunity in relation to these incidents. The Committee recalls in this respect that “it is important that all instances of violence against trade union members, whether these be murders, disappearances or threats, are properly investigated. Furthermore, the mere fact of initiating an investigation does not mark the end of the Government’s work; rather, the Government must do all within its power to ensure that such investigations lead to the identification and punishment of the perpetrators” [Compilation, para. 102]. The Committee therefore requests the Government to ensure that all cases of loss of life and injury of workers and trade unionists referred to above are thoroughly investigated and do all in its power to ensure that the investigations lead to the clarification of facts and identification and punishment of perpetrators. The Committee further requests the Government to provide information on the outcome of its initiative to establish a dedicated investigatory body within the Ministry of Home Affairs.
8. 202. Since its very first examination of this case, the Committee has repeatedly requested the Government to institute an independent inquiry into the serious allegations of death threats, physical abuse and beatings of trade unionists arrested in the aftermath of the 2016 Ashulia strike while in custody [384th Report, para. 169(a); 388th Report, para. 204(b); 392nd Report, para. 287(d), 400th Report, para. 109(b) and, 401st Report, para. 196(b)], and to keep it informed of the steps taken in this regard. The Committee notes that the Government has once again not provided any specific information in this regard and instead urges the Committee to monitor only the cases brought against workers in relation to 2016 Ashulia strikes. It is therefore bound to repeat its long-standing request in this respect.
9. 203. Regarding the cases pending against workers, the Committee notes that according to the Government observations: (i) the proceedings in one of the two remaining cases related to the 2016 Ashulia strike were suspended and the trial of the second case continues; (ii) of the four cases related to the 2018–19 minimum wage protests, the proceedings of one case were suspended by the High Court, while the trial related to three other cases is still ongoing; (iii) the cases filed against protestors in Banshkhali power plant construction site are still at the police investigation stage; (iv) in cases related to incidents in factories E and F the trials continue; and v) the trial of Secretary-General of the BGIWF and 23 workers from factories G and H continues. The Committee notes the extremely slow pace of justice in these cases, which involve criminal charges against workers in relation to their participation in labour-related protests: the remaining case related to the 2016 Ashulia strike has been pending for nearly eight years, and the still pending cases relating to the 2018–19 protests were filed in January 2019. Noting that these lengthy proceedings maintain the persons concerned in a situation of uncertainly and insecurity for many years, the Committee expects the Government to take adequate measures to accelerate the handling of these cases. The Committee also notes that in the case of factory F and the case against Mr Babul Akter, the BGIWF Secretary-General and workers from factories G and H, the charges referred to in the Government observations include the offence of “unlawful assembly” punished by section 143 of the Penal Code. Recalling that workers should enjoy the right to peaceful demonstration to defend their occupational interests [Compilation, para. 208] the Committee requests the Government to ensure that no worker or trade unionist is charged and prosecuted for exercising their legitimate trade union activities, including the right to freedom of assembly, and to provide information on the status and outcome of all the remaining pending cases against workers. The Committee takes due note of the information provided by the Government that the CFA Case Monitoring Committee remains vigilant and has come up with a further plan for a case management system to track all cases electronically. The Committee requests the Government to continue to provide details on its functioning, the efforts undertaken to expedite the resolution of the pending cases and the results achieved.
10. 204. Concerning various allegations and cases of anti-union discrimination, including retaliation, blacklisting and dismissals, the Committee notes the following Government observations: (i) in relation to the aftermath of 2018–19 minimum wage protests, there has been no cases of anti-union discrimination, monitoring, surveillance and intimidation of trade unionists; (ii) the case brought by Ms Chowdhury against her employer for anti-union dismissal is pending since 2012; (iii) concerning the case of the anti-union dismissal of a worker representative in factory C, the Government provides a copy of an order of First Labour Court dated 12 July 2023, ordering reinstatement and payment of all back wages and other benefits to the petitioner.
11. 205. The Committee notes the extremely slow pace of justice in handling the complaint of Ms Chowdhury, the communication secretary of GPEU against her employer for anti-union dismissal. It notes that the account of the Government indicates that after 12 years, the case is still pending, partly due to the continuous legal actions taken by the employer to obstruct the advancement of the proceedings. The Committee recalls that “cases concerning anti-union discrimination contrary to Convention No. 98 should be examined rapidly, so that the necessary remedies can be really effective. An excessive delay in processing cases of anti-union discrimination, and in particular a lengthy delay in concluding the proceedings concerning the reinstatement of the trade union leaders dismissed by the enterprise, constitute a denial of justice and therefore a denial of the trade union rights of the persons concerned” [Compilation, para. 1145]. The Committee also notes that pursuant to the Government account, 200 workers were dismissed or forced to resign for anti-union reasons in this case, including six union officials, but only Ms Chowdhury filed a complaint of anti-union discrimination. The Committee is bound to note that the available remedies against anti-union discrimination do not appear effective in the light of this particular case. It therefore urges the Government to take any measures in its power to ensure that the case concerning Ms Chowdhury’s complaint of anti-union discrimination is concluded without further delay and to take all the necessary measures to ensure that the procedures of examination of complaints of anti-union discrimination are prompt and impartial and considered as such by the parties concerned. Regarding the outcome of the complaint against anti-union dismissal from factory C, the Committee takes due note of the order of the Labour Court providing for reinstatement and payment of back wages to the petitioner. Noting that this is a first instance decision, the Committee requests the Government to provide information on whether the decision has become final and has been effectively implemented.
12. 206. As a general matter, the Committee takes due note of the Government’s reference to a number of avenues for processing complaints of retaliation, surveillance, intimidation and harassment of workers for the exercise of their trade union activities and urges it to ensure that these mechanisms are widely known, including to this Committee, and effective access is available to all.
13. 207. The Committee notes that the hyperlink to the curriculum for in-service training of police officers provided by the Government is dysfunctional and therefore urges the Government once again to provide copies of the curriculum. The Committee takes due note of the SOP for Conciliation of Labour Disputes and expresses the firm hope that this will assist in creating an effective and harmonious environment for the resolution of disputes.
14. 208. Finally, while fully aware of the major unrest recently experienced in the country and the resulting formation of a caretaker Government, the Committee expresses the firm hope that the conclusions and recommendations it has been making in this case over many years will assist the current and future Governments to take steps towards the development of a constructive and harmonious industrial relations climate where freedom of association can be exercised free from violence, intimidation and fear.