Informe provisional - Informe núm. 400, Octubre 2022

1. 80. The Committee last examined this case (submitted in February 2017) at its October–November 2020 meeting, when it presented an interim report to the Governing Body [see 392nd Report, paras 266–287 approved by the Governing Body at its 340th Session]. 
2. 81. The International Trade Union Confederation (ITUC) provided additional information in a communication dated 4 March 2022.
3. 82. The Government provided its observations in communications dated 24 May 2021 and 29 May 2022.
4. 83. 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

1. 84. At its October–November 2020 meeting, the Committee made the following recommendations on the matters still pending [see 392nd Report, para. 287]:
   • (a) The Committee trusts that the two pending cases filed against workers following the 2016 Ashulia strike will be concluded without further delay and requests the Government to keep it informed of the outcome thereof.
   • (b) The Committee encourages the Government to take concrete measures to strengthen training for police officers on the specific aspect of civil liberties relating to arbitrary arrests and detention and to increase the accountability for any violations in this regard, with a view to ensuring that trade unionists are not arbitrarily arrested and detained. The Committee requests the Government to provide information on the nature and content of any training provided or foreseen in this regard.
   • (c) The Committee requests the Government to take the necessary measures to ensure that clear instructions and training are given to police officers, including the development of training modules on trade union rights and any other appropriate measures, so as to effectively prevent, in the future, police interference in union activities.
   • (d) The Committee urges the Government to institute an independent inquiry – to be carried out by an institution that is independent from the one allegedly implicated – into the allegations of death threats, physical abuse and beatings of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike, as well as into all other alleged incidents of intimidation and harassment by the police during the same period and to keep it informed of the steps taken in this regard. The Committee once again invites the complainants to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge.
   • (e) The Committee requests the Government to institute an independent inquiry without delay into the allegedly excessive use of force during the 2018–19 demonstrations, resulting in injuries to at least 80 workers, and to inform it of the findings and the measures taken as a result. It also requests the Government to keep it informed about the outcome of the ongoing investigation into the death of one worker and the measures taken as a result. The Committee trusts that these investigations will be established without delay and will yield concrete results in order to determine reliably the facts and the persons responsible, in order to apply the appropriate punishments and to prevent such incidents recurring in the future.
   • (f) The Committee requests the Government to clarify whether the 13 cases pending with the police in relation to the 2018–19 demonstrations eventually led to criminal charges being filed against any worker or whether they were dismissed through a final report and to provide updated information on the status of all arrests of demonstrating workers originating in the 2019 January demonstrations.
   • (g) Considering the serious and repeated nature of the allegations in this case, the Committee encourages the Government to step up its efforts in providing concrete, regular and comprehensive training to police officers and other relevant state officials on matters of civil liberties, human and trade union rights so as to avoid the use of excessive force and to ensure full respect for civil liberties during public assemblies and demonstrations, as well as full accountability of those responsible in case of any violations.
   • (h) The Committee requests the Government to provide detailed observations on the additional allegations submitted by the complainants, in particular in relation to the criminal cases pending against hundreds of workers following the 2018–19 minimum wage protests.

B. Additional information from the complainants

1. 85. In its communication dated 4 March 2022, the ITUC provides additional information denouncing the Government’s failure to institute an independent inquiry into the previously reported allegations of physical assaults and other forms of violence against trade unionists, workers and activists, as well as the Government’s failure to ensure the availability of effective remedies, which, it alleges, has resulted in continued attacks against workers seeking to exercise their right to freedom of association and reinforced a culture of impunity among the security forces. In particular, the ITUC alleges attacks on the exercise of the right to form and join trade unions by the employers and adds that police repression and the criminal justice system are used to deter the exercise of trade union rights in a systematic manner, including through police interference in the exercise of the right to freedom of association, anti-union attacks and criminalization of trade union activities.
2. 86. With regard to the alleged attacks on the exercise of the right to form and join trade unions, the complainants specifically allege that:
3. 87. Concerning allegations of anti-union attacks and continued police interference in the exercise of the right to freedom of association, the complainants point to the following incidents and allege that the Government failed to ensure that the attacks against peacefully protesting workers are investigated and the officers held accountable:
4. 88. As to the alleged criminalization of trade union activities, the complainants point to the situation in two garment-producing factories – Crossline Factory Pvt. Ltd and Crossline Knit Fabrics Ltd (factories G and H) – where, in August 2021, in reply to the formation of two unions and the filing of registration applications, the industrial police filed a criminal case against the General Secretary of the Bangladesh Garment and Industrial Workers’ Federation (BGIWF), 24 other union leaders and members, as well as against more than 100 workers and around 70 unnamed individuals. According to the complainants, the allegations filed against the General Secretary were meant to harass him for assisting workers to form trade unions at the two factories and the criminalization of the situation puts him and other trade union leaders and members at risk of being arrested at any time and of being summoned by the court. The unionists concerned would then need to be bailed, with bail conditions restricting the free exercise of trade union rights as they would be subject to threat of further prosecutorial or judicial harassment.
5. 89. In conclusion, the complainants express their deep concern at the non-implementation by the Government of the Committee’s previous recommendations in this case and consider that the situation has not improved since the filing of the complaint. Instead, they allege that the Government continues to use the police and other security forces, as well as the criminal justice system, to deny workers the exercise of trade union rights and has thus failed to create an atmosphere of respect for civil liberties, including freedom of expression and freedom of assembly.

C. The Government’s reply

1. 90. In its communications dated 24 May 2021 and 29 May 2022, the Government provides its observations on the Committee’s previous recommendations, as well as on the additional allegations from the complainants.
2. 91. The Government indicates, in relation to the two pending cases filed against workers in the aftermath of the 2016 Ashulia strike, that both cases are at the witness stage and that the proceedings were delayed due to the COVID-19 pandemic. As to the Committee’s request to institute an independent investigation into the allegations of death threats, physical abuse and beatings of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike, the Government states that the established investigative mechanisms have in-built processes to probe any such allegations in an independent manner and that these mechanisms remain available to receive any further substantiated information on the allegations made.
3. 92. With regard to the 2018–19 minimum wage protests, the Government reiterates that private properties were damaged in the Dhaka area, that the police only used minimal force to protect civilian lives and properties and that 84 workers were arrested and released on bail. It adds that there were 36 cases filed against workers by the police or the management on the ground of vandalizing vehicles and destroying property, out of which 23 cases were withdrawn or are being withdrawn, 3 were not related to the protests, 4 cases were not pursued by the management, in 1 case the factory was closed and 5 cases are currently pending. The Government reiterates that any case filed by the police is based on primary verification after which it can either be dismissed through a final report or, if sufficient ground is found, charges are framed against the alleged perpetrator. At the moment, no charges were framed in any of the above cases and no worker is in jail.
4. 93. The Government further provides information on the training of police officers, indicating that the police are given basic courses and in-service trainings, including on human rights, civil liberties and trade union rights, and that each police official is also trained on human rights, fundamental rights and constitutional rights during their foundation courses. The Government also refers to the road map of actions on the labour sector  developed in cooperation with the Office, which provides for: regular training to raise awareness of responsible factory security staff, police and employers to prevent violence, harassment, unfair labour practices and anti-union acts; the development and regular updating of an online database to provide an overview of the number and nature of training programmes and trainees among factory security staff, police, employers and workers; the development of a compendium in the Bangla language of all existing relevant laws, rules and regulations on the use of minimum force and applicable sanctions or penalties for any proven violation in order to train and raise awareness among the industrial police and other relevant law enforcement agencies; and continued training and clear instructions to the industrial police and other relevant law enforcement agencies on the use of minimal force, respect for human rights and labour rights, including trade union rights and civil liberties during labour protests.
5. 94. In relation to the alleged attacks on the exercise of the right to form and join trade unions, the Government provides the following information:
6. 95. On the allegations of anti-union attacks and continued police interference in the exercise of the right to freedom of association, the Government provides the following details:
7. 96. Regarding the alleged criminalization of trade union activities in factories G and H, the Government states that in an initial dispute in July and August 2021, factory management dismissed 17 workers due to misconduct but later paid dues to all dismissed workers, except 1 female worker who was also requesting maternity allowances but did not provide a medical report supporting her claim. In reply to the management’s refusal to pay maternity allowances, workers got agitated and attacked one member of the management. The industrial police peacefully dispersed the agitated workers and sent the employer to the hospital. On the following day, the management closed the factory, but the workers demanded to open the gates, got agitated and tried to enter the premises forcefully. The police requested them to disperse peacefully but the BGIWF General Secretary and others instigated the workers to become violent. As a result, between 150 and 200 workers started to throw brickbats towards the factory, attacking the police with sticks. To protect civilian lives and the factory from destruction, the police dispersed the agitated workers by blowing whistles and light baton charges, with permission from senior officers and an executive magistrate. Following the incident, a case was filed with the police against the BGIWF General Secretary and his associates for an attempt to forcefully enter the factory, attacks on the factory, obstruction of police work and attacks on police personnel, as well as an additional charge of instigating violence. The investigation has already been concluded and a charge sheet was submitted to the court in February 2022.

D. The Committee’s conclusions

1. 97. The Committee recalls that this case concerns allegations of serious violations of freedom of association rights by the Government, in particular through the action of police forces in the aftermath of a strike in garment factories in Ashulia in December 2016, including arbitrary arrest and detention of trade union leaders and activists, death threats and physical abuse while in detention, false criminal charges, surveillance of trade unionists, intimidation and interference in union activities. The complainants also alleged excessive use of police force during peaceful protests in December 2018 and January 2019 and criminal cases pending against hundreds of workers who had participated in the protests. Additional allegations refer to systematic repression of trade union rights, including through anti-union acts by the employers, police violence and criminalization of trade union activities.
2. 98. Concerning the allegations of false criminal charges filed against hundreds of named and unnamed workers in the aftermath of the 2016 Ashulia strike (recommendation (a)), the Committee understands from the information provided by the Government that out of the ten cases initially filed against workers, two are still pending before the courts and are at the witness stage, the proceedings having been delayed due to the COVID-19 pandemic. While acknowledging the significant challenges brought about by the pandemic, including on the judiciary of the country, the Committee regrets to observe that, since its last examination of the case in October 2020, no progress seems to have been achieved in the conclusion of the two cases, which concern 20 named and around 110 unnamed persons. Recalling once again that the Committee has pointed out the danger for the free exercise of trade union rights of sentences imposed on representatives of workers for activities related to the defence of the interests of those they represent [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 154], the Committee expects the two remaining cases to be concluded without further delay and requests the Government to keep it informed of the outcome thereof.
3. 99. With regard to the need to institute an independent inquiry into the allegations of death threats, physical abuse and beatings of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike (recommendation (d)), the Committee observes that the Government indicates that the established investigative mechanisms have in-built processes to probe any allegations in an independent manner and that these mechanisms remain available to receive any further substantiated information on the allegations made. The Committee understands from the above that no investigation appears to have been conducted into these allegations so far and observes that it is unclear to what investigative mechanisms the Government refers. In this regard, the Committee also notes the complainants’ concern as to the lack of independent investigations and effective remedies, allegedly resulting in continued attacks against unionists and the reinforcement of a culture of impunity among the security forces. In these circumstances, while acknowledging the advantages for domestic authorities to have at their disposal additional information to facilitate investigations, the Committee must recall once again that in cases of alleged torture or ill-treatment while in detention, governments should carry out independent inquiries into complaints of this kind so that appropriate measures, including compensation for damages suffered and the sanctioning of those responsible, are taken to ensure that no detainee is subjected to such treatment [see Compilation, para. 112]. Emphasizing the need to investigate all such serious allegations even in the absence of a formal complaint filed by the injured party, the Committee once again invites the complainants to provide any further relevant information to the appropriate national authority so that it can proceed to an investigation in full knowledge. The Committee urges the Government to institute, without delay, an independent inquiry into the allegations of ill-treatment of trade unionists arrested and detained in the aftermath of the 2016 Ashulia strike on the basis of information it already has at its disposal, as well as any additional information provided by the complainants, and to keep the Committee informed of the steps taken in this regard, including detailed information on the mechanisms available to conduct such independent investigations as referred to and the necessary steps for triggering their review.
4. 100. As regards the allegations of excessive use of police force during the 2018–19 demonstrations (recommendation (e)) and the cases pending against workers following these protests (recommendation (f)), the Committee notes that the Government reiterates previously provided information indicating that, contrary to the complainants’ assertion, the protests were agitated, vandalizing private property, and that the police used minimal force to address these acts. It further clarifies that five cases are still pending against workers, but no charges have been filed against any of them so far and no worker is in jail. The Committee recalls that, in its previous examination of the case, it expressed concern at the incidents of violence on both sides, emphasized that the principles of freedom of association did not protect abuses consisting of criminal acts while exercising protest action and requested the Government to inform it of the ongoing investigation into the death of 1 worker and to institute an independent inquiry into the allegedly excessive use of police force resulting in injuries to at least 80 workers. Observing with regret that the Government does not provide any information on the measures taken in this respect, the Committee must recall once again that in cases in which the dispersal of public meetings by the police has involved loss of life or serious injury, the Committee has attached special importance to the circumstances being fully investigated immediately through an independent inquiry and to a regular legal procedure being followed to determine the justification for the action taken by the police and to determine responsibilities [see Compilation, para. 104]. The Committee therefore urges the Government once again to indicate the measures being taken to investigate the allegedly excessive use of force during the 2018–19 demonstrations resulting in injuries to at least 80 workers and to inform it of any findings in this regard. It also urges the Government to provide information on the outcome of the investigation that the Government previously indicated was being conducted into the killing of one worker during these demonstrations. The Committee also requests the Government to keep it informed of the status of the five cases pending against workers, in particular to indicate whether they eventually led to criminal charges being filed or whether they were dismissed though a final report.
5. 101. With regard to the additional allegations submitted by the complainants in February 2020 (recommendation (h)), the Committee recalls that these allegations concerned mass retaliation, criminalization, continued surveillance and intimidation of workers following the 2018–19 demonstrations. The Committee notes that while the Government provides updates in relation to the cases pending against workers for their participation in these demonstrations, it does not elaborate on the other allegations, in particular on: (i) the alleged mass retaliation against workers following the 2018–19 demonstrations, which, according to the complainants, led to 7,000–12,000 workers losing their jobs and being subjected to public shaming, defamation and blacklisting by factory owners as a means to intimidate workers and undermine organizing in the garment sector; and (ii) the alleged persistent monitoring, surveillance and intimidation of trade unionists by the employers, the Government and third parties working on their behalf. 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. Acts of harassment and intimidation carried out against workers by reason of trade union membership or legitimate trade union activities, while not necessarily prejudicing workers in their employment, may discourage them from joining organizations of their own choosing, thereby violating their right to organize. All appropriate measures should be taken to guarantee that, irrespective of trade union affiliation, trade union rights can be exercised in normal conditions with respect for basic human rights and in a climate free of violence, pressure, fear and threats of any kind [see Compilation, paras 1075, 1098 and 73]. In line with the above and given the persistent nature of the allegations and the large number of workers allegedly concerned by them, the Committee requests the Government to provide its observations on these allegations and to take the necessary measures to address and prevent all forms of retaliation, intimidation, harassment and surveillance of workers based on trade union membership or legitimate trade union activities.
6. 102. Concerning the provision of training and instructions to police officers and other state officials on civil liberties, human rights and trade union rights (recommendations (b), (c) and (g)), the Committee notes the Government’s indication that police officers are regularly trained on these issues, whether through their foundation courses or in-service trainings and that additional awareness-raising training and other relevant measures (a compendium of applicable laws and regulations, instructions on the use of minimal force, online databases on training programmes) are also provided for in the road map of actions on the labour sector developed in cooperation with the Office. Taking note of the Government’s engagement in ensuring regular training of police officers and other relevant state actors, the Committee encourages the Government to pursue its efforts in this regard so as to ensure full respect for basic civil liberties, human rights and trade union rights during labour protests, as well as full accountability of those responsible in case of any violations. The Committee further requests the Government to provide details of such trainings, particularly for the police engaged in industrial and export-processing zones. The Committee also requests the Government to provide copies of the curriculum for in-service training of police officers.
7. 103. With regard to the new allegations submitted by the complainants in March 2022, the Committee notes that these refer to continued and systematic attacks against workers seeking to exercise their right to freedom of association, including through anti-union acts by the employers, police violence and repression, criminalization of trade union activities and the lack of proper investigations into these allegations.
8. 104. Firstly, the Committee observes with deep concern that the complainants denounce the killing of 6 people and injuries to more than 60 workers as a result of police intervention in workers’ protests in Chittagong, Gazipur and Ashulia since April 2021. The Committee notes that while providing some relevant details, including on the compensatory measures taken in response to the killing of one worker in Ashulia in June 2021 (factory D), the Government does not elaborate on any measures taken to investigate this incident, despite having indicated that the injuries sustained by the victim were homicidal in nature. Similarly, while providing some information on the incidents in factories E and F, the Government does not elaborate on the concrete allegations of police involvement in injuries to at least 30 garment workers in these factories in February 2022 and does not provide any information on the alleged police involvement in the killings of 5 workers and injuries to dozens of workers in a power plant in Chittagong in April 2021 and injuries to around 20 garment workers in Gazipur in May 2021.
9. 105. While acknowledging that it is not always clear from the complainants’ information whether the workers concerned were members or leaders of workers’ organizations, the Committee is obliged to recall that the killing, disappearance or serious injury of trade union leaders and trade unionists requires the institution of independent judicial inquiries in order to shed full light, at the earliest date, on the facts and the circumstances in which such actions occurred and in this way, to the extent possible, determine where responsibilities lie, punish the guilty parties and prevent the repetition of similar events. Acts of intimidation and physical violence against trade unionists constitute a grave violation of the principles of freedom of association and the failure to protect against such acts amounts to a de facto impunity, which can only reinforce a climate of fear and uncertainty highly detrimental to the exercise of trade union rights [see Compilation, paras 94 and 90]. The Committee therefore requests the Government to provide its observations on the alleged involvement of the police in the above incidents causing the death of six workers and injuries to many others and, should this not yet be the case, to ensure that these incidents are expeditiously and properly investigated by an independent mechanism so as to combat impunity and prevent repetition of such acts, and to provide detailed information on the progress made in this regard and on the outcome.
10. 106. Secondly, the Committee observes that the complainants also denounce several instances of anti-union discrimination and interference, including forced resignation, dismissals and blacklisting of around 28 workers in the garment and shipbuilding sectors, police interference in a trade union meeting in Chittagong in September 2021, the filing of criminal charges against 115 workers and unionists and 70 unnamed individuals in response to workers’ attempts to form trade unions and the failure of the DIFE to investigate most of these allegations despite having been notified thereof by the workers concerned or their representatives. The Committee notes that the Government provides detailed observations in this respect, indicating that many of the incidents mentioned have been addressed and solved as a result of Government engagement and agreement between the parties, leading to the reopening of the factories, reinstatement or payment of salaries and other dues to the workers concerned (factories A, E and F and enterprise B); that in one case, alleged anti-union incidents were not brought to the DIFE but submitted directly to the court which is addressing the allegations (factory C); and that a few cases are indeed pending against trade unionists for vandalism or incitement to violence (factories E, G and H).
11. 107. Taking due note of the above, the Committee wishes to recall that especially at the initial stages of unionization in a workplace, dismissal of trade union representatives might fatally compromise incipient attempts at exercising the right to organize, as it not only deprives the workers of their representatives, but also has an intimidating effect on other workers who could have envisaged assuming trade union functions or simply join the union. Where cases of alleged anti-union discrimination are involved, the competent authorities dealing with labour issues should begin an inquiry immediately and take suitable measures to remedy any effects of anti-union discrimination brought to their attention. The rights of workers’ and employers’ organizations can only be exercised in a climate that is free from violence, pressure or threats of any kind against the leaders and members of these organizations, and it is for governments to ensure that this principle is respected [see Compilation, paras 1131, 1159 and 84]. In view of the above, recalling the systematic nature of the allegations reported by the complainants and the serious consequences these may have on the legitimate exercise of trade union activities, the Committee requests the Government to remain vigilant towards allegations of all forms of anti-union discrimination, including dismissals and blacklisting of trade unionists, and police interference in union activities, so as to be able to take measures to rapidly and properly address such allegations. The Committee requests the Government to keep it informed of the outcome of the cases pending against trade union leaders and members in factories E, G and H in relation to their participation in trade union activities, as well as of the outcome of the proceedings for anti-union practices in factory C. Finally, the Committee requests the Government to provide its observations on the alleged police interference in a trade union meeting in Chittagong in September 2021.
12. 108. In view of the sometimes-contradictory information submitted by the complainants and the Government in relation to the additional allegations from March 2022, the Committee invites the complainants to provide additional information in this regard.