Effect given to the recommendations of the committee and the Governing Body - Report No 308, November 1997

Effect given to the recommendations of the Committee and the Governing Body

1. 17. The Committee examined the substance of this case at its May 1996 and March 1997 meetings (see 304th Report, paras. 57-96; 306th Report, paras. 70-120). When it last examined this case, the Committee requested the Government to:
   • - amend the Industrial Relations Ordinance, 1969 (IRO), so that workers can establish and join organizations of their own choosing without any restrictions;
   • - take appropriate steps to ensure that the Bangladesh Independent Garment Workers' Union (BIGU) is granted registration as a trade union organization;
   • - institute an independent judicial inquiry in order to resolve contradictions in the evidence provided so far in this case by BIGU and Palmal management and keep it informed of the outcome of this inquiry in respect of the following allegations: (i) blacklisting of workers and trade unionists; (ii) intimidation, beating and resignation of Mr. M. Rahman and Mr. N. Ahmed; (iii) termination of employment of eight BIGU members; (iv) discrediting of 11 BIGU members; (v) forced resignation of two women workers; (vi) attack on BIGU trade union premises and the assault on BIGU trade unionists on 21 November 1995; keep it informed of the outcome of the cases pending in the labour courts which were filed by six of the eight BIGU members whose employment was terminated and to take measures to reinstate the workers concerned, if their dismissals are proved discriminatory;
   • - take the necessary steps to clarify Ms. Kalpana's employment situation, to ensure that she can continue to work in her post at Palmal, if she so wishes, and to make sure that she is not discriminated against because of her trade union activities;
   • - keep it informed of the outcome of IRO Cases Nos. 48/95, 50/95, 51/95, 54/95, 55/95 and 74/95, which have been filed by various BIGU activists and members and which are still pending in labour courts;
   • - take appropriate steps to ensure that the newly formed union at Saladin Garments Ltd. is granted registration;
   • - open a genuinely independent judicial inquiry into the allegations of violations of trade union rights of Saladin Garments Ltd. and to keep it informed of the results of this inquiry, particularly in respect of: (i) the torture of Mr. Chand Mia, a worker at Saladin Garments Ltd. by Messrs. Nannu, Jainal and Monir on 8 and 9 April 1996; (ii) severe harassment and intimidation of union President, Ms. Asma, and other union members, including through the issuing of death threats and misconduct letters; (iii) the forced resignation of union General Secretary, Ms. Shuli, and another woman union member.
2. 18. In a communication of 9 July 1997, the Bangladesh Independent Garment Workers' Union Federation (BIGUF) informs the Committee that on 2 July 1997, BIGUF was officially registered by the Registrar of Trade Unions under the Ministry of Labour and Manpower, and notes that BIGUF includes affiliated local unions in the Dhaka and Chittagong regions. The Committee notes this information with interest.
3. 19. In a communication of 17 May 1997, the Government states that a thorough inquiry was held into the matters raised by the complainants. Regarding the findings of the inquiry into the alleged attempts to discredit 11 BIGU members at the Palmal Knitwear Factory Ltd., the Government states that there was no person named Mr. Hasan Ali in the packing section, that Messrs. Nurul Islam and Shahidul Islam voluntarily resigned and are now working in other factories, and Mr. Mohosin Reza also resigned voluntarily. The Government states further that the allegations that Mr. Shamin Reza Pinu, General Manager of the Palmal Group of Companies, threatened BIGU members with transfer, has not been proved.
4. 20. While noting the information provided by the Government, the Committee requests further information regarding the nature of the inquiries and details regarding the findings. The Committee notes with regret that the Government has not provided any information regarding the outcome of the inquiry into the other allegations raised and requests it to do so without delay.
5. 21. In a communication dated 26 October 1997, the Government asserts that pursuant to section 3 of the Industrial Relations Ordinance, 1969, workers and employers have been granted the right to establish and join organizations of their own choosing without prior authorization. While there are no formalities or requirements to form an association, the Government notes that certain requirements must be met where an association desires to be registered as a trade union. On this point, the Committee reiterates that the membership requirement under the Industrial Relations Ordinance of 30 per cent of the total number of workers employed in an establishment or group of establishments concerned in order for a union to be registered, and permitting dissolution if membership falls below that level (sections 7(2) and 10(1)(g) respectively) are not consistent with the principles of freedom of association. The Committee again urges the Government to amend its legislation in this regard.
6. 22. Regarding the granting of registration to the newly formed union at Saladin Garments Ltd., the Government in its communications of 26 October states that the proposed trade union applied for registration and the application was rejected by the Registrar. The trade union then appealed this decision, and the case is still pending in the Labour Court. Noting this information, the Committee repeats its recommendation that the Government take the necessary steps to ensure that the union is granted registration so as to enable it to exercise legitimate trade union activities, and requests the Government to keep the Committee informed in this regard.
7. 23. Finally, on the issue of the need to open a genuinely independent judicial inquiry into the allegations of violations of trade union rights concerning Saladin Garments Ltd., the Government in its communication of 26 October states that all the complainants are working in their respective fields peacefully and one of the complainants, Mr. Chand Mia, has stated in writing that he did not make any allegation that he was tortured. The Committee requests further information regarding the nature of the inquiries and the findings. The Committee also requests the Government to provide the information requested in the other recommendations presented by the Committee.