Allegations: The complainant organization denounces the systematic violation of
freedom of association rights by the Government, including through repeated acts of
anti-union violence and other forms of retaliation, arbitrary denial of registration of the
most active and independent trade unions and union-busting by factory management. The
complainant organization also denounces the lack of law enforcement and the Government’s
public hostility towards trade unions
- 140. The Committee last examined this case (submitted in April 2016) at
its March 2022 meeting, when it presented an interim report to the Governing Body [see
397th Report, paras 79–94 approved by the Governing Body at its 344th Session].
- 141. The Government provides its observations in communications dated 1
November 2022 and 9 and 13 February 2023.
- 142. 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
A. Previous examination of the case- 143. At its March 2022 meeting, the Committee made the following
recommendations [see 397th Report, para. 94]:
- (a) The Committee firmly expects
that the case concerning allegations of anti-union dismissals at enterprise (b)
will be concluded without further delay and requests the Government to keep it
informed of its outcome.
- (b) The Committee urges the Government to provide a
copy of the court judgement in which it indicates that no evidence was found of
police wrongdoing in relation to the ill-treatment and murder of Mr Aminul Islam and
to clearly indicate the manner in which the serious allegations of the involvement
of the security forces in this incident were fully addressed and investigated in the
framework of the concluded judicial proceedings. It also expects the Government to
ensure that any allegations of this type will be rapidly and duly investigated
through independent mechanisms and trusts that concrete measures will be taken to
provide clear instructions to all State officials to effectively ensure prevention
of any such acts.
- (c) The Committee urges the Government once again to
clearly indicate whether the specific and serious allegations of threats and
violence against trade union leaders and members in a number of enterprises
denounced in the complaint, including those allegedly perpetrated by the police,
were duly investigated and if so, to indicate the result thereof. The Committee also
firmly expects the Government to take the necessary measures to ensure that any
allegations of this kind will be promptly investigated by an independent
entity.
- (d) Emphasizing once again the severe implications of prolonged
court proceedings on the functioning of trade unions, the Committee firmly expects a
decision to be reached without delay in relation to the court proceedings for
cancellation of trade union registration of two unions at enterprise (l) and
requests the Government to provide information on the outcome of the
proceedings.
- (e) The Committee draws the special attention of the Governing
Body to the extreme seriousness and urgent nature of this case.
B. The Government’s reply
B. The Government’s reply- 144. The Government indicates that the case concerning the allegations of
anti-union dismissals at enterprise (b) was concluded on 14 December 2021, when the 2nd
Labour Court, Dhaka, acquitted the defendants on the ground that many of the dismissed
employees received their service benefits and there is no complaint against their
employer or the accused. Regarding the delay in handling of cases in courts, the
Government affirms that as the courts are overburdened, sometimes there is delay in
completing the process. However, the judiciary is aware of the matters so that
unreasonable delay does not happen. The judiciary is independent in scheduling the
hearing of the cases and the Government has complete faith in the independent trial
process of the court.
- 145. The Government further indicates that the Minister for Law, Justice
and Parliamentary Affairs (MLJPA) and the Secretary, Ministry of Labour and Employment
(MOLE) have been holding a series of meetings at regular intervals to discuss and
identify the issues to be addressed and to find out areas of coordination required and
have been in close contact with concerned individuals/organizations for expediting the
cases. The MOLE regularly sits and monitors the progress of the cases, and if required,
engages the staff to expedite the trials. Recently they have conducted two meetings with
officers from the MLJPA and the MOLE, the Department of Labour (DOL), the Department of
Inspection of Factories and Establishments (DIFE), Central Fund, Labour Welfare
Foundation and Minimum Wage Board. Moreover, the MOLE has advertised for three panel
lawyers who will be hired shortly and will assist the Ministry to expedite the court
cases. Finally, the Government indicates that a CFA Case Monitoring Committee has been
formed which has identified cases to be expedited and transmitted to the Secretary, the
MOLE and the MLJPA, where necessary direction, guidelines or follow up is required.
Henceforth, this will be a continuous process.
- 146. In relation to the murder and ill treatment of Mr Aminul Islam
regarding which serious allegations of involvement of security forces were made, the
Government provides a copy of the judgment of the Court of the Special Sessions Judge,
Tangail District, dated 8 April 2018, containing a death sentence issued in absentia
against one person found guilty of having abducted, tortured and murdered the trade
union leader during the night of 4–5 April 2012. The Government also affirms that: it
monitors whether the law enforcing agency and the investigating authority are prompt in
addressing any serious issue, and adds that if any police officer is found involved in
wrongdoing while discharging his duty, he would face departmental proceedings;
allegations against members of security forces are dealt with in internal official
proceedings; and if any other offence is proved, disciplinary actions are taken.
- 147. Regarding the Committee's request concerning investigation into
specific allegations of threat and violence against trade union leaders and members in
several enterprises, some of which were allegedly perpetrated by the police, the
Government indicates that any reported case of anti-union discrimination including
threats and violence against trade union leaders are duly investigated by the Department
of Labour and Employment (DOLE). The Government further reiterates that the
investigation activities are done by the proper legal authority which is the police. The
police department is solely responsible for investigating any criminal offences under
the Code of Criminal Procedure of 1898. If there is a need for further enquiry, an
application can be made to the court for enquiry by the Criminal Investigation
Department (CID) and the Police Bureau of Investigation (PBI). As per court order, these
two bodies can separately complete the enquiry and submit a report to the court
directly. Finally, the Government indicates that the police also have mechanisms for
enquiring into matters and complaints against police officials where they can be faced
with departmental enquiry and punishments, if they are found responsible for negligence
or any offence. The Government further reiterates its reference to the amicable
settlement of the cases concerning anti-union discrimination in enterprises (d), (e),
(f) and (g).
- 148. Regarding the judicial proceedings concerning the cancellation of
registration of two unions at enterprise (l), the Government indicates that the case is
sub-judice and it cannot interfere in ongoing independent judicial proceeding to
conclude the case. The Government once again recalls the history of the proceedings,
indicating that:
- 149. The Government further reiterates that considering the seriousness
of the case it has taken measures including giving Basic Courses and in-service
trainings to the members of the Bangladesh Police, which include human rights, civil
liberties and trade union rights and in addition, each police official is also trained
on human rights, fundamental rights and constitutional rights during their Foundation
Courses. The Government further refers to the road map on the Labour Sector of
Bangladesh (2021–2026), which was submitted to the ILO Governing Body in June 2021, and
included elements on training and awareness-raising for security staff and the police to
prevent violence, harassment, unfair labour practices and anti-union acts; development
and regular updating of online databases on training programmes; development of a
compendium in Bangla of the legal framework on the use of minimum force and sanctions
applicable in case of violation; and continuous training and clear instructions to the
Industrial Police and relevant law enforcement forces on the use of minimum force and
respect of human and labour rights including trade union rights and civil liberties
during labour protests.
C. The Committee’s conclusions
C. The Committee’s conclusions- 150. The Committee notes that this case, which was first examined in
2017, concerns allegations of systematic violation of freedom of association in
particular through acts of violence, anti-union discrimination and other retaliatory
acts against union leaders and members in numerous enterprises, arbitrary denial of
union registration, union-busting and misuse of available procedures to challenge union
registration, and lack of law.
- 151. The Committee recalls that the complainant had alleged that since
late April 2014, more than 60 workers at enterprise (b) were dismissed and had affirmed
that the retaliation had escalated in March 2014 after a request had been made to
management for collective bargaining. In reply to this allegation, the Government had
indicated that an investigation had confirmed that the management not only deprived
workers of trade union rights, but also inhumanely dismissed many of them and therefore
a criminal case had been filed at the Labour Court on charges of unfair labour practices
in 2014 [382nd Report, paras 153 and 161]. The Committee notes the Government’s latest
indication concerning the conclusion of this case with a ruling dated 14 December 2021,
when the 2nd Labour Court, Dhaka, acquitted the defendants on the ground that many of
the dismissed employees received their service benefits and there is no complaint
against their employer or the accused. Observing that there does not appear to have been
a consideration by the court of the anti-union nature of the dismissals, the Committee
recalls in this regard that no person should be dismissed or prejudiced in employment by
reason of trade union membership or legitimate trade union activities, and it is
important to forbid and penalize in practice all acts of anti-union discrimination in
respect of employment. Cases concerning anti-union discrimination should be examined
rapidly, so that the necessary remedies can be really effective; an excessive delay in
processing such cases constitutes a serious attack on the trade union rights of those
concerned [see Compilation of decisions of the Committee on Freedom of Association,
sixth edition, 2018, paras 1075 and 1139]. The Committee notes with concern that in this
case, where the Government investigation had found that the dismissals had taken place
in the context of violation of trade union rights, the defendants were finally acquitted
on the grounds that many of the dismissed workers had received their service benefits
after extremely lengthy penal proceedings lasting seven years. Noting that several cases
of serious anti-union dismissals observed by the Government in this case did not result
in any sanction or judicial remedy after lengthy judicial proceedings, the Committee
observes the steps taken by the Government as set out in its road map presented to the
Governing Body within the framework of the pending article 26 complaint to expedite
labour-related cases and clear backlogs through the creation of new Labour Courts, as
well as the formation of the CFA Case Monitoring Committee and expects that the
Government’s steps to bolster the number and resources of the labour courts will ensure
in the future that rapid and effective protection against anti-union discrimination,
including through penal sanctions, is provided to victims.
- 152. Regarding the murder and ill treatment of Mr Aminul Islam in 2012,
the Committee welcomes the Government transmission of a copy of the judgment, which
assists the Committee in carrying out its examination in full knowledge of the facts. It
notes that although the prosecution has brought charges against only one person, it does
submit to the court that the accused along with other accomplices caused the death of
Aminul Islam and that this was a pre-planned murder. The judge himself sums up the
position of the prosecution in the following terms: “a close scrutiny of the evidences
of the prosecution witnesses clearly indicates that the prosecution made out a case that
the accused is the principal assailant who had prior concert and meeting of minds with
his other accomplices who had been kept behind the screen to cause the death of the
deceased”. The Committee further notes that another passage of the judgment provides
“the popularity gained by Aminul Islam was the cause of enmity in between him and the
Garments Owners Association because he used to look after the interests of the labourers
and lastly, he had been the target of the aforesaid vested quarters who got executed
their plan by their agent with other accomplices to cause the death of the deceased
Aminul Islam”. The judge therefore finds “complicity of the accused with the commission
of the crime”.
- 153. Regarding the alleged involvement of security forces in the torture
and murder of the trade union leader, the Committee notes that according to the
judgment, two witnesses including Aminul Islam's wife indicated in their testimony
before the court that once in 2010, the National Security Intelligence (NSI) took away
Aminul Islam and tortured him; and three witnesses indicated that the accused, who was
previously an Export Processing Zone worker, had become an agent and source of the
Criminal Investigation Department (CID), the NSI, Bangladesh Export Processing Zone
Authority, Industrial Police and other agencies. The Committee further notes in the
judgment that the investigating officers who submitted the charge sheet in this case
were members of the Detective Branch (DB) of the police and the CID.
- 154. The Committee recalls that the Government had previously indicated
that pursuant to the judicial process, which culminated in the conviction of the
accused, no proof of involvement of security forces had been found [397th Report, para.
84]. In view of the foregoing, the Committee notes that the judgment of 8 April 2018
does not conclude as to any involvement of security forces beyond noting the testimony
of witnesses, however it does expressly find that the accused was only an accomplice in
the crime, while there were instigators and other accomplices “who were kept behind the
screen”. The Committee further observes that the preliminary investigation of the case
and evidence gathering was done by officers of the same agencies that allegedly had the
accused at their service.
- 155. The Committee notes that regarding available accountability
mechanisms applicable to security forces, the Government only refers to “departmental
proceedings” and “disciplinary action”. The Committee observes that these are purely
administrative procedures conducted by hierarchical superiors and involve no judicial
investigation or oversight nor would they entail the application of any penal sanction.
Noting that in reference to traces of torture on the body of Mr Aminul Islam, the judge
reached “the irresistible view that the crime indulged by the accused was undoubtedly
gruesome, cold-blooded, heinous, atrocious and cruel”, the Committee deplores that no
action was taken to undertake an independent judicial investigation into the serious
allegations of the involvement of security forces in the abduction, torture and murder
of Mr Aminul Islam. It urges the Government to take the necessary measures to ensure
that such an investigation is undertaken without further delay with a view to
identifying the intellectual authors of this crime in order to ensure that the
responsibility for such acts do not go unpunished. The Committee trusts that the CFA
Case Monitoring Committee will be able to ensure that necessary steps are taken for full
investigation of this matter.
- 156. Regarding investigations conducted into the specific and serious
allegations of threats and violence against trade union leaders and members in
enterprises (b), (d), (e), (f), (g) and (h), the Committee notes with deep regret,
that the Government has failed once again to provide any specific information. The
Committee recalls once again that the exercise of trade union rights is incompatible
with violence or threats of any kind and it is for the authorities to investigate
without delay and, if necessary, penalize any act of this kind. In the event of assaults
on the physical or moral integrity of individuals, the Committee has considered that an
independent judicial inquiry should be instituted immediately with a view to fully
clarifying the facts, determining responsibility, punishing those responsible and
preventing the repetition of such acts [see Compilation, paras 88 and 105]. Noting the
Government's indication that the competent authority for investigation into such cases
is the police, the Committee recalls that some of the allegations concern the
perpetration of acts of violence against trade union leaders by the police, and that in
such cases, the investigation should be conducted by a body independent from the one
accused of abuse. The Committee therefore once again urges the Government to ensure that
a thorough and independent inquiry is conducted into each of the allegations referred to
above.
- 157. The Committee notes with concern that the cases concerning the
cancellation of registration of two unions at enterprise (l) continue to be pending
after more than eight years. It notes that in view of the enduring stay on their
operation, the unions are practically deprived of their right to exist and defend their
members’ interests since 2013 and 2014, respectively, even though they were lawfully
registered after long administrative and judicial battles. The Committee therefore
expresses once again its firm expectation that a decision will be reached in these cases
without further delay and requests the Government to keep it informed of the status of
the cases and their outcome and to provide copies of the judgments once they are
delivered.
The Committee’s recommendations
The Committee’s recommendations- 158. In the light of its foregoing interim conclusions, the Committee
invites the Governing Body to approve the following:
- (a) Noting that several
cases of serious anti-union dismissals observed by the Government in this case did
not result in any sanction or judicial remedy after lengthy judicial proceedings,
the Committee expects that the Government’s steps to bolster the number and
resources of the labour courts will ensure in the future that rapid and effective
protection against anti-union discrimination, including through penal sanctions, is
provided to victims.
- (b) The Committee deplores that no action was taken to
conduct an independent judicial investigation into the serious allegations of the
involvement of security forces in the abduction, torture and murder of Mr Aminul
Islam and urges the Government to take the necessary measures to ensure that such an
investigation is undertaken without further delay with a view to identifying the
intellectual authors of this crime in order to ensure that the responsibility for
such acts do not go unpunished. The Committee trusts that the CFA Case Monitoring
Committee will be able to ensure that necessary steps are taken for full
investigation of this matter.
- (c) The Committee urges the Government to take
the necessary measures to ensure that a thorough and independent inquiry is
conducted into the specific and serious allegations of threats and violence against
trade union leaders and members in enterprises (b), (d), (e), (f), (g) and (h), with
a view to fully clarifying the facts, determining responsibility, punishing those
responsible and preventing the repetition of such acts. It requests the Government
to keep it informed of the steps taken in this regard.
- (d) The Committee
expresses once again its firm expectation that decisions will be reached in the
cases concerning the registration of two unions at enterprise (l) without further
delay and requests the Government to keep it informed of the status of the cases and
their outcome and to provide copies of the judgments once they are
delivered.
- (e) The Committee draws the special attention of the Governing
Body to the extreme seriousness and urgent nature of this case.