Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Abolition of Forced Labour Convention, 1957 (No. 105) - Bangladesh (Ratification: 1972)

Other comments on C105

Observation

Direct Request

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Article 1(a) of the Convention. Penal sanctions involving compulsory labour as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system The Committee previously asked the Government to supply information concerning the application in practice of the following provisions of the Penal Code, under which prison sentences involving compulsory labour may be imposed:

– section 124A (bringing the Government into hatred or contempt or exciting disaffection towards it);
– sections 141–143 (unlawful assemblies); section 145, read together with sections 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);
– section 151, read in conjunction with section 127 of the Code of Criminal Procedure (joining or continuing any assembly of five or more people which is likely to cause a disturbance of public peace and has been ordered to disperse);
– section 153 (promoting feelings of enmity or hatred between different classes of citizens);
– section 153B (inducing students to take part in political activity).

The Committee draws the Government’s attention to the explanations contained in paragraphs 154, 162 and 163 of its General Survey of 2007 on the eradication of forced labour, where it observed that the Convention does not prohibit punishment by penalties involving compulsory labour of persons who use violence, incite to violence or engage in preparatory acts aimed at violence. But sanctions involving compulsory labour fall within the scope of the Convention where they enforce a prohibition of peaceful expression of views or of opposition to the established political, social or economic system, whether such prohibition is imposed by law or by a discretionary administrative decision. Since opinions and views opposed to the established system are often expressed at various kinds of meetings and assemblies, if such meetings and assemblies are subject to prior authorization granted at the discretion of the authorities and violations can be punished by sanctions involving compulsory labour, such provisions also come within the scope of the Convention.

The Committee observes that the above provisions are worded in terms broad enough to raise questions about their conformity with the Convention. Noting that the Government’s report contains no information in this regard, the Committee once again requests the Government to provide, in its next report, information on the application of the above penal provisions in practice, supplying sample copies of the court decisions which could define or illustrate their scope, and to indicate measures taken or envisaged to ensure the observance of the Convention.

Article 1(d). Penalties involving compulsory labour as a punishment for having participated in strikes. In its earlier comments, the Committee referred to the Communications and Transport Services Maintenance Ordinance (No. XII of 1957), which prohibits certain strikes. The Committee pointed out that such a prohibition, if enforceable with sanctions involving an obligation to work is incompatible with the Convention. The Committee notes the Government’s indication in its report that the above Ordinance has not been repealed. While noting the Government’s view expressed in the report that the provisions of the above Ordinance are not related to employment relationships, but established to improve the administrative system, the Committee recalls that according to Article 1(d) of the Convention no penal sanction involving compulsory labour should be imposed against a worker for having carried out a peaceful strike. The Committee therefore hopes that the Government will provide, in its next report, information on measures taken or envisaged to ensure that, in conformity with the Convention, no penal sanction involving compulsory labour can be imposed against workers for peaceful participation in a strike, and that the Government will report the progress achieved in this regard.

In its earlier comments, the Committee referred to sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963), under which 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. While noting the Government’s statement in the report that the above Ordinance does not prohibit strikes under industrial relations, the Committee recalls that under Article 1(d) of the Convention no penalties involving compulsory labour can be imposed as a punishment for having participated in strikes. The Committee reiterates its hope that the necessary measures will be taken to bring sections 2 and 3 of the Services (Temporary Powers) Ordinance (No. II of 1963) into conformity with the Convention.