Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports.

Article 1(a), (c) and (d) of the Convention. In comments made for a number of years, the Committee referred to various provisions of the Penal Code, the Special Powers Act, No. XIV of 1974, the Industrial Relations Ordinance, No. XIII of 1969, as amended, the Control of Employment Ordinance, No. XXXII of 1965, the Post Office Act, No. VI of 1898, the Services (Temporary Powers) Ordinance, No. II of 1963 and the Bangladesh Merchant Shipping Ordinance, No. XXVI of 1983. Under a number of these provisions, compulsory labour may be imposed as a means of political coercion or as a punishment for expressing political views or views opposed to the established political system; as a punishment for various breaches of labour discipline, and as a punishment for the participation in strikes in a wide range of circumstances; furthermore, under the Bangladesh Merchant Shipping Ordinance, seafarers may be forcibly conveyed on board ship to perform their duties.

The Committee had noted the Government's indication in an earlier report that a National Labour Law Commission, 1992 had been established. In its latest report, the Government states that the report of the National Labour Law Commission is still under consideration by the Government. The Government hopes that a comprehensive Labour Code, to be made after due consideration of the National Labour Law Commission's report and recommendations, will be in conformity with the Abolition of Forced Labour Convention "as far as practicable". The Government further states that the provisions of the Bangladesh Merchant Shipping Ordinance will be examined by a tripartite committee in order to be brought into conformity with the Convention. With regard to the Committee's comments on the Penal Code and the Special Powers Act, the Government likewise indicates that it has formed a law commission which is now examining the existing laws and will submit recommendations to the Government regarding the amendment of laws, "if necessary".

In the absence of other information concerning any measures adopted to repeal or amend the various provisions of the national legislation that are in conflict with the Convention, the Committee hopes that concrete action will at last be taken to bring the national legislation fully into conformity with the Convention, and that the Government will supply full information on the various points which are once more set out in a request addressed directly to the Government.