Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes that the Government’s report only replies in part to its previous comments.

Articles 10 and 16 of the Convention. Appropriate numbers of labour inspectors. The Committee notes once again that financial restrictions are continuing to have a severe impact on the availability of human resources in the field of labour inspection. Drawing the Government’s attention to the possibility of seeking international financial cooperation with a view to fulfilling the material requirements of the Convention, the Committee would also like to emphasize that technical assistance from the ILO could make an important contribution to improving the effectiveness of the labour inspection system. It therefore urges the Government to take all the necessary measures to this end and to inform the Office of the results achieved. Furthermore, it would be grateful if the Government would provide details as to the meaning and the scope of the involvement, referred to in a previous report, of the Bangladesh Employers’ Federation in inspection activities.

Articles 9, 13 and 14. Health and safety protection. The Committee notes with interest that there are between ten and 12 medical inspectors, in accordance with the provisions of the Factories Act, 1965, and to help with casualties of industrial accidents and occupational diseases. With reference to its 2002 observation, the Committee once again asks the Government to provide information on any further legal and practical measures taken to decrease the number of occupational accidents and diseases.

Articles 17 and 18. Effectiveness of legal proceedings and appropriate penalties. The Committee notes that, under section 96 of the Factories Act, 1965, any person who obstructs a labour inspector in the discharge of her or his duties shall be liable to a fine of up to 500 Taka or three months of imprisonment. The Committee recalls that, as indicated in paragraph 263 of its General Survey of 1985 on labour inspection, it is essential for the effectiveness of inspection services that penalties should be fixed at a sufficiently high level to have a dissuasive effect and for the rates of fines to be periodically reviewed so as to meet this objective. In this regard, the Committee would be grateful if the Government would provide information and clarifications on how effect is given to the above provisions of the Convention and indicate any measures taken or envisaged to ensure that the amounts of fines are periodically reviewed so that they meet the objectives described above, despite monetary inflation.

Article 21. Annual labour inspection report. Noting the statement by the Government that appropriate measures have been taken to publish an annual general labour inspection report, the Committee expresses the firm hope that such a report will soon be sent to the ILO and that it will include as many data as possible as required under points (a) to (g) of Article 21.