Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee has noted the information provided by the Government in reply to its earlier comments.

Article 1(a), (c) and (d) of the Convention. 1. For a number of years, the Committee has been referring 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; it may also be imposed 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.

2. The Committee previously noted the Government’s indication in its 1999 report that a report of the National Labour Law Commission, which was established in 1992 with a view to examining the existing laws and to submit recommendations regarding their amendments, was still under consideration by the Government. The Government expressed the hope that a comprehensive Labour Code, to be made after due consideration of the National Labour Law Commission’s report and recommendations, would be in conformity with the Abolition of Forced Labour Convention. In its latest report, the Government indicates that the Commission’s report containing a draft Labour Code raised objections and complaints on the part of employers and workers, as well as other legal bodies and organizations, and has been re-examined by the committee of legal experts, which has submitted its views for consideration by the Government, so that it could be passed by Parliament. With regard to the Committee’s comments on the Penal Code and the Special Powers Act, the Government confirmed its previous indications that the Law Commission had been examining the existing laws and would submit recommendations to the Government regarding their amendment. The Committee therefore reiterates its hope that concrete action will at last be taken to bring the national legislation into full conformity with the Convention.

3. In its earlier comments, the Committee referred to sections 198 and 199 of the Bangladesh Merchant Shipping Ordinance, No. XXVI of 1983, which provide for the forcible conveyance of seamen on board ship to perform their duties, and to sections 196, 197 and 200(iii), (iv), (v) and (vi) of the same Ordinance, which provide for penalties of imprisonment (which may involve an obligation to work) for various disciplinary offences, in a situation where life, safety or health are not endangered. The Committee previously noted the Government’s indications that the provisions of the Bangladesh Merchant Shipping Ordinance would be examined by a tripartite committee in order to be brought into conformity with the Convention. However, in its latest report the Government states that it is not in favour of amending the above sections of the Ordinance due to socio-economic conditions of the country and because it considers that the decrease in punishment will increase the desertion of seafarers and reduce the employment opportunities for Bangladeshi seafarers on foreign ships.

4. While noting these explanations, the Committee recalls that Article 1(c) of the Convention prohibits the exaction of forced or compulsory labour as a means of labour discipline. Referring also to paragraphs 117 to 119 of its 1979 General Survey on the abolition of forced labour, the Committee emphasizes that the Convention does not cover sanctions relating to acts tending to endanger the ship or the life or health of persons. However, as regards sanctions relating more generally to breaches of labour discipline such as desertion, absence without leave or disobedience, sometimes supplemented by provisions under which seafarers may be forcibly returned to their ship, such sanctions (involving compulsory labour) must be either repealed or restricted to offences that endanger the safety of the ship or the life or health of persons. The Committee therefore requests the Government once again to review the Ordinance in the light of the Convention and to indicate the measures taken or envisaged to bring its provisions into conformity with those of the Convention.

5. The Committee trusts that the Government will soon be in a position to indicate the necessary action that has been taken to bring the legislation into conformity with the Convention and requests the Government to supply full information on the various points set out in a request addressed directly to the Government.