Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Bangladesh (Ratification: 1972)

Autre commentaire sur C087

Observation

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The Committee takes note of the Government’s report of 9 September 2022 on progress made on the implementation of the roadmap of actions to address all outstanding issues in the complaint pending under article 26 of the ILO Constitution concerning this Convention, among others, as well as the decision adopted by the Governing Body at its 346th Session (November 2022) requesting the Government to report on further progress made to its 347th Session (March 2023) and to defer the decision on further action to that session.

The Committee notes the observations of the International Trade Union Confederation (ITUC) and of the Trade Union Committee of International Labour Standards (TU-ILS) (a committee of the workers’ representatives from the National Coordination Committee for Workers’ Education (NCCWE) and IndustriALL Bangladesh Council (IBC)), both received on 1 September 2022, referring to matters addressed in this comment and alleging new cases of violence and repression by police, as well as continued retaliation against workers in connection with trade union activities and surveillance of trade unionists by the authorities.

Civil liberties. The Committee has been expressing deep concern at the allegations of violence and intimidation of workers for a number of years and has urged the Government to provide information on any such specific allegations remaining and to take all necessary measures to prevent such incidents in the future and ensure that, if they occur, they are properly investigated.

The Committee notes the Government’s reference to cases filed against trade unionists that remain sub-judice and the regular monitoring by the Ministry of Labour and Employment. As regards the specific allegations concerning the Jute Mills in Chittagong, the Committee notes the Government’s indication that there was no incident of clash between the Jute Mill workers and Industrial police, nor were there any incidents of July 2020 where the Mills were closed by the authority. As regards the allegation of injuries to ten garment workers during a protest over non-payment of wages in Gazipur in September 2018, the Government states that the allegation does not provide any clear information regarding a specific incident, with no reference to date or factory, and in any event denies that any workers were injured during protests over non-payment of wages in Gazipur in this period. As regards the allegations of increased pressure and state surveillance of garment federations by a newly-formed unit in the Department of National Security, resulting in at least 175 trade union leaders and active members being blacklisted and 26 of them facing criminal and civil charges, the Government indicates that the Bangladesh Labour Act (BLA) leaves no scope for blacklisting trade union leaders or workers and requests particularly information on the allegations of blacklisting in order to consider any action that might be taken if a violation is found.

The Government further provides information on the training and sensitization programs that have been organized for the personnel of disputes by the Industrial Police, referring specifically to orientation courses on labour rights, labour laws, human rights and workers’ federation activities. The Industrial Police has trained 1,389 of its personnel so far concerning prevention of violence, unfair labour practices and anti-union acts as part of its broader training programmes. In collaboration with the ILO, the Department of Labour (DOL) has planned a training for 90 Industrial Police personnel ranked from Superintendents of Police to Sub-Inspectors of Police in August 2022 and a training of trainers on preventing unfair labour practice, violence and harassment in September 2022. Bangladesh Police also provides regular training on these issues to its personnel across the board, while further upgrading of training curricula for Industrial Police, with added features concerning labour rights and trade union activities, is being discussed with Industrial Police and the ILO. Ministry of Labour and Employment (MOLE), Ministry of Home Affairs and Ministry of Law, Justice and Parliamentary Affairs continue to provide instructions to their subsidiary agencies regarding handling of cases, including those involving alleged acts of violence and harassment against workers. The judiciary, prosecutorial services and law enforcement agencies receive regular training on these issues as part of their mandate. Further customized training may be provided based on specific needs and with ILO’s technical support. Additionally, from July 2020 to June 2022, DOL has trained about 20,000 workers, management staff, and government officials through its 4 Industrial Relations Institutes (IRIs) and 32 Labour Welfare Centres (LWCs), with nearly 45% female participants. The training topics include violence, harassment, unfair labour practices and anti-union discrimination in the workplace. DOL has also taken the initiative to provide training to the security staff, managers/employers of factories, providing basic information concerning complaint management and investigations, while the Industrial Police continues to engage with employers and factory management to sensitize their respective security personnel about prevention of violence and supporting investigations in case of alleged violence and harassment. A database on training, linked to the DOL website, is being supported by the ICT service vendor and will incorporate relevant information of the trainees (segregated by name, designation, factory/ trade union, age, sex, etc.) collected from the IRIs and LWCs. Further discussions are required to explore the possibility of including information on Industrial Police training in the proposed online database. Finally, the Government indicates that both DOL and the Department of Inspection for Factories and Establishments (DIFE) are entrusted with monitoring the case proceedings and management, including for those concerning alleged acts of violence and harassment against workers. The Government adds that it continues to consider the setting up of a dedicated Cell within an appropriate Ministry/agency to ensure and monitor proper investigation of such alleged cases as part of yet another confidence-building measure.

While taking due note of the various initiatives referred to by the Government, the Committee notes with concern the ITUC allegations in its latest communication that the climate for the exercise of trade union rights and the protection of workers is getting worse. According to the ITUC, strikes are met with extreme brutality by the police, who use batons, gunshots, tear gas and sound grenades against workers, killing at least five workers and injuring dozens more in 2021 after police opened fire on a crowd of workers demanding unpaid wages and a pay rise in Chittagong. The ITUC further refers to: i) attacks by the industrial police in Gazipur on protesting garment workers on 15 February 2022; ii) police inflicted injuries on workers protesting sexual harassment on 1 February 2022 in the Tongi Industrial Area; iii) the injury on 13 June 2021, following a police crackdown, of garment workers demanding their wages after the closure of a factory in the Dhaka export processing zone (DEPZ); iv) twelve workers severely injured when police used disproportionate force to suppress protests against unpaid wages and allowances in Dhaka on 25 July 2020. According to the ITUC, these events show a pattern of police attacks against protesting workers and if unpunished will result in impunity by the police and security forces who insert themselves into the industrial relations of the country. The Committee further observes the comments of the TU-ILS that while most complaints related to the 2016 and 2018 minimum wage unrest have been settled, several cases remain pending. The TU-ILS provides a detailed list of remaining cases with relevant case numbers, adding that in some factories, personal information and photos of the workers concerned is shared claiming that they are involved in a criminal offense while the case is still pending. The TU-ILS further alleges that the industrial police are trying to take on the role of conciliator or arbitrator of labour disputes, sometimes intimidating workers to resign. Some factories have provided accommodation for the industrial police and trade union offices are under police surveillance and lists are being made of workers attending trade union meetings. As regards the establishment of 29 committees of officials from the DOL and the DIFE, which the Government previously indicated had the aim of ensuring peaceful and congenial working conditions in ready-made garment (RMG) factories, the TU-ILS alleges that, while these committees are tripartite, they are highly political and administratively controlled, mostly influenced by the police, with labour representation selectively chosen. The TU-ILS asks for detailed information on the committees, their activities and disputes resolved. As for training and awareness-raising activities for the police, the TU-ILS contends that there has been only a limited number of trainings with little result. In the view of TU-ILS, dispute resolution mechanisms are what is needed.

The Committee notes with concern the very detailed information provided by the ITUC and the TU-ILS concerning numerous allegations of new cases of violence against trade unionists carried out by the industrial police. While the Committee takes due note of the information provided by the Government concerning the previous allegations, it observes that the industrial relations climate appears to remain one of little trust with confrontation a regular attribute. The Committee must therefore once again recall that a truly free and independent trade union movement can only develop in a climate free from violence, pressure and threats of any kind against the leaders and members of such organizations. The Committee requests the Government to review all the allegations of violence, harassment and intimidation with the TU-ILS with a view to carrying out the necessary investigations to determine those responsible, punishing the guilty parties and preventing the repetition of any such acts. The Committee requests the Government to keep it informed of all steps taken in this regard.

Furthermore, while noting the information provided by the Government concerning the training of the industrial police, the Committee notes with concern the numerous allegations concerning the expansion of the role of industrial police at the factory level in such a way as to intimidate and impede workers in the exercise of their freedom of association guaranteed by the Convention. The Committee therefore encourages the Government to continue to provide all necessary training and awareness-raising to the police and other State agents to sensitize them about human and trade union rights and urges the Government to review their role, with the workers’ and employers’ organizations concerned, so as to ensure that issues purely concerning labour relations are relegated to the unique authority of the relevant Ministry.

Article 2 of the Convention. Right to organize. Registration of trade unions. The Committee notes the Government’s indication that it has been implementing a number of initiatives to make the registration process simple, objective, rapid and transparent. The Government refers in particular to: (i) training of DOL officials on the Standard Operating Procedures (SOPs) in November 2021 with the collaboration of the ILO; (ii) 10 DOL officials have joined a three month training programme on Labour Relations and Social Dialogue conducted by the International Training Centre of the ILO in association with the Institute of Social Welfare and Research of the University of Dhaka; (iii) a pre-application service desk was established in every office of the Registrar of Trade Union (RTU) under DOL in January 2021 to ensure smooth registration through quality applications by scrutinizing trade union registration application documents; (iv) despite the adverse effect of COVID-19, 290 trade unions were registered in 2020 and 376 in 2021, while the success rate has increased from 88.69% to 92.38% during the same period; (v) digitization of the trade union registration process under DOL was completed on 27 October 2021 and was made active for users on 1 April 2022. The online registration system will be regularly reviewed and updated based on stakeholder feedback. The Committee further notes the statistics provided on registration disaggregated by year and status and the Government’s indication that the Publicly Accessible Online Database was activated on 30 September 2021 on the DOL website (www.dol.gov.bd) with the assistance of the Social Dialogue and Industrial Relations Project of ILO. It provides information on 11 areas, namely status of trade union application, registration, rejection, and filing; the number of national and sector wide trade union federations, participation committees, collective bargaining agreements; and information on unfair labour practices/ anti-union discrimination as well as conciliation of labour disputes. The Government states that the database, which was presented to a tripartite consultative workshop on 7 August 2022, should enhance the transparency of the trade union registration process, and will continue to be updated with relevant information.

The Committee notes however the TU-ILS allegations that: (i) while the law enables three unions per workplace, the DOL will only register one union; (ii) after a registration application is filed, the confidential information of the workers concerned is leaked to the employers through DOL requests to the employer for different documents. The workers then become vulnerable to intimidation and harassment; (iii) there are various requirements not contained in the law that hinder registration (i.e., representation of DOL in the general meeting to sign minutes; requirement that 20 per cent of the workers attend the general meeting for the union; requirement of permission from the local police for in-house or public meetings; delays in registration of five-months and beyond; requirement to submit both offline and online); (iv) the application portal is not well maintained and usage is not simple. The ITUC for its part regrets the lack of involvement of the Bangladeshi unions in the design of the registration process. The Committee notes with concern the allegations of interference by the Government in the steps taken by workers to form organizations of their own choosing and recalls that workers’ organizations must be able to draw up their constitutions and rules in full freedom without government interference. The Committee further notes the numerous concerns raised by the TU-ILS as regards hurdles to registration that are not set out in the law, and observes from the statistics provided by the Government that the number of valid applications out of the total applications (as opposed to the percentage of unions registered which is only based on valid applications) continues to remain quite low (2021: 281 out of 394; January through July 2022: 57 out of 128). The Committee requests the Government to indicate the types of issues found when determining invalid applications and it encourages the Government to continue to engage with the workers’ organizations concerned as regards the functioning of the digitized registration process for their feedback on any obstacles encountered and consideration of measures to redress them. The Committee also encourages the Government to continue to provide comprehensive training to divisional and regional officers who, following the decentralization of the registration process, are responsible for registration of trade unions, so as to ensure that they have sufficient knowledge and capacity to handle applications for registration rapidly and efficiently, while taking steps to ensure confidentiality of workers and their identity.

Minimum membership requirements. The Committee notes the Government’s indication that the 2018 amendment to the BLA, reducing the minimum membership requirement to form a trade union and maintain its registration from 30 per cent to 20 per cent of the total number of workers employed in the establishment in which a union is formed, is being applied since its entry into force on 14 November 2018. According to the Government, while taking into account the impact of the COVID-19 pandemic, the reduction to the minimum membership requirement has resulted in an increase in the number of registration applications. (2018: 394; 2019: 943; 2020: 413; 2021: 394). The Committee recalls its previous comment that the 20 per cent threshold is still likely to be excessive, especially in large enterprises, where it constitutes a hurdle to form a union, and takes note of the indication by the TU-ILS that it has proposed the repeal of section 190(f) which allows for cancellation of a trade union if its membership falls below the minimum membership requirement, and section179(5) which limits the number of trade unions in an establishment or group of establishments to a maximum of three. The Committee notes the Government’s indication in its report on the progress made with the timely implementation of the roadmap that amendment proposals from the tripartite constituents have been compiled by the Tripartite Labour Law Review Committee for discussion on the compiled recommendations to be forwarded to the tripartite working group (TWG) and that the MOLE is engaged with the ILO to align the BLA with relevant international labour standards. The Committee expects thatthe Government will make progress in the near future in its tripartite review of sections 179(5) and 190(f) of the BLA with a view to reducing the minimum membership requirements to a reasonable level, at least for large enterprises, and ending the possible cancellation of trade unions that fall below minimum membership requirements, as well as addressing the limits on the number of trade unions in an establishment.

With regard to the application of the BLA to workers in the agricultural sector through Bangladesh Labour Rule 167(4), the Committee notes the Government’s indication that there has been consultation on the issue with relevant stakeholders including social partners and that the Bangladesh Labour Rules Amendment Committee has proposed a reduction for small family farms and observes from an official English version of the rule that the minimum number has been reduced to 300. Observing that the requirement of even 300 workers to form a union in a group of establishments in one district might still be excessive, especially for workers on small family farms, the Committee requests the Government to provide detailed information on the practical application of this requirement, including the number of unions of agricultural workers registered and the number of workers represented and establishments covered by each of these unions, and trusts that further measures will be considered to ensure that agricultural workers can exercise their right to organize without hindrance.

Articles 2 and 3. Right to organize, elect officers and carry out activities freely. Bangladesh Labour Act. The Committee notes the Government’s general indication that all amendments made in 2018 to the BLA are in force and applied from the date of enactment. A National Tripartite Consultative Council (NTCC) formed to deal with national level labour issues meets at regular intervals. The Committee regretshowever that the Government has not provided any further information in relation to the numerous sections for which the Committee has requested amendment, repeal or further information. The Committee recalls that its previous comments concerned the following provisions: (i) scope of the law – restrictions on numerous sectors and workers remain, including, among others, Government workers, university teachers and domestic workers (sections 1(4), 2(49) and (65) and 175); (ii) one remaining restriction on organizing in civil aviation (section 184(1) – the provision should clarify that trade unions in civil aviation can be formed irrespective of whether they wish to affiliate with international federations or not); (iii) restrictions on organizing in groups of establishments (sections 179(5) and 183(1)); (iv) restrictions on trade union membership (sections 2(65), 175, 193 and 300); (v) interference in trade union activity, including cancellation of registration for reasons that do not justify the severity of the act (sections 192, 196(2)(b) read in conjunction with 190(1)(c), (e) and (g), 229, 291(2)–(3) and 299); (vi) interference in trade union elections (section 180(1)(a) read in conjunction with section 196(2)(d), and sections 180(b) and 317(4)(d)); (vii) interference in the right to draw up constitutions freely by providing overly detailed instructions (sections 179(1) and 188 (in addition, there seems to be a discrepancy in that section 188 gives the DOL the power to register and, under certain circumstances, refuse to register any amendments to the constitution of a trade union and its Executive Council whereas Rule 174 of the Bangladesh Labour Rules(BLR) only refers to notification of such changes to the DOL who will issue a new certificate)); (viii) excessive restrictions on the right to strike (sections 211(3)–(4) and (8) and 227(c)) accompanied by severe penalties (sections 196(2)(e), 291(2)–(3) and 294–296); and (ix) excessive preferential rights for collective bargaining agents (sections 202(24)(b), (c) and (e) and 204 (while noting the minor amendments to sections 202 and 204, the Committee notes that these amendments do not address its concerns in that they limit the scope of action of trade unions other than the collective bargaining agents). Furthermore, the Committee is still awaiting information on whether workers in small farms consisting of less than five workers can, in law and practice, group together with other workers to form a trade union or affiliate to existing workers’ organizations (section 1(4)(n) and (p) of the BLA).

The Committee further observes with concern the observations from the TU-ILS that the worker nomination to the TCC charged with reviewing the legislation was made by the Government and not by the workers organizations independently and further that the recommendations agreed by the tripartite representatives for amendment to the BLR were not endorsed, stalling the process for some time. Similarly, not all proposals agreed by tripartite representatives in 2018 for the amendment of the BLA were reflected in the final Act. Finally, the TU-ILS indicates that TCC meetings do not take place regularly and alleges that it meets merely to validate government needs. The Committee renews its request that the Government amend, repeal, or provide explanations as applicable regarding the provisions of the BLA identified above. In that connection, and noting the information provided by the Government concerning the ongoing review process to be carried out by the NTCC, the Committee urges the Government to take the necessary measures to ensure that the worker representation reflects the independent choice of the Bangladesh trade union movement and requests the Government to schedule regular meetings to expedite the work of the NTCC so that it may review the above provisions of the BLA and bring them fully into line with the Convention.

Bangladesh Labour Rules. The Committee notes from the Government’s progress report to the Governing Body within the framework of the section 26 complaint that the amended BLR were published through gazette notification on 1 September 2022. While the Government has not yet provided an official English version of the Rules, the Committee welcomes the amendment that appears to have been made to Rule 183 clarifying that it is not necessary to form a participation committee in companies where a union is present. It further observes that Rule 204 appears to have been amended to allow all workers to participate in a secret ballot. The Committee further notes that Rule 188, which provides for employer participation in the formation of election committees that conduct the election of worker representatives to participation committees in the absence of a union, has been amended to limit the employer representation to one, giving greater weight to the workers’ representation. The Committee requests the Government to provide detailed information on the application of Rule 188, as well as on the results of the Government’s efforts previously reported to pilot election of worker representatives to participation committees without any representation of employers. The Committee however notes with regret that the following rules which the Committee had previously requested the Government to address appear not to have been amended in the manner requested: (i) Rule 2(g) and (j) contains a broad definition of administrative and supervisory officers who are excluded from the definition of workers under the BLA and thus from the right to organize; (ii) Rule 85, Schedule IV, sub-rule 1(h) prohibits members of the Safety Committee from initiating or participating in an industrial dispute; (iii) Rule 169(4) limits eligibility to a trade union executive committee to permanent workers, which may adversely affect the right of workers’ organizations to elect their officers freely; (iv) Rule 190 prohibits certain categories of workers from voting for worker representatives to participation committees; (v) Rule 202 contains broad restrictions on actions taken by trade unions and participation committees; (vi) Rule 350 provides for excessively broad powers of inspection by the Director of Labour; and (vii) the BLR lacks provisions providing appropriate procedures and remedies for unfair labour practice complaints. The Committee deeply regrets that the Government appears not to have taken advantage of the recent revision process to address the above-mentioned concerns and urges it to ensure an expedited review of these remaining issues so that the Bangladesh Labour Rules may be brought fully into conformity with the provisions of the Convention. The Committee further requests the Government to transmit the English version of the Rules.

Right to organize in Export Processing Zones (EPZs). The Committee recalls its previous comments concerning the need to further amend the Export Processing Zone Labour Act (ELA) of February 2019 to bring it into conformity with the Convention and to issue the rules under the Act to fully ensure freedom of association and, in particular, the right to organize. The Committee takes due note of the Government’s reiteration of the favourable treatment to workers in EPZs through separate laws, rules and regulations and the important improvements made with the adoption of the ELA. The Government adds that a Tripartite Standing Committee was formed in November 2021 to work on the draft Rules for the ELA and consensus was reached on most of them. The proposed draft EPZ Labour rules, contains 15 chapters, 319 rules, 4 schedules and 106 forms, including: prevention of discrimination and conducting investigation against anti WWA activities; provisions on forming a federation; Procedure of formation of employers’ association; modalities of DIFE inspection in EPZ; and prevention of misconduct to female workers covering prevention of activities against gender-based violence and harassment etc. The vetting of the proposed draft rules has been completed and the gazette notification of EPZ Labour Rules will be published very soon. The Committee notes that the EPZ Labour Rules were published on 4 October 2022. The Committee regrets however that the Government has not provided information as requested on the application in practice of the 2019 amendments, and has only indicated that an impact analysis will cover the period July 2023 to June 2025. The Committee therefore has no information available to it, in particular on the practical implications of these amendments on the number of applications for WWAs and WWA federations submitted and registered. In addition, the Committee observes that Chapter nine of EPZ Labour Rules on Workers’ Welfare Association and Industrial Relations contains a number of rules setting out the role of the EPZ Executive Chairperson or Executive Director in the creation of WWAs, WWA Federations, EPZ employer associations, etc, which include a large degree of discretionary authority and opportunities to interfere in elections (i.e., Rules 172(4) (WWA), 183(1) (election management committee), 202(5) (WWA Federation), 211(5) (employers’ association)) with recourse only available to the EPZ Labour Courts. The Committee once again requests the Government to continue to review the measures concerning the establishment of WWAs and WWA federations, in consultation with the social partners concerned, to endeavour to further reduce, to a reasonable level, the minimum membership requirements to form a WWA, especially in large establishments, as well as for federations, and to allow WWAs and federations to associate with other entities in the same Zone and outside the Zone in which they were established, including with non-EPZ workers’ organizations at different levels. The Committee further requests the Government to provide detailed information on the number of applications received for the formation of WWAs, WWA Federations and employers’ associations and the number registered.

While noting from the Government’s report to the Governing Body on the progress made in implementing the roadmap developed within the framework of the article 26 complaint that the Bangladesh Export Processing Zone Authority (BEPZA) is closely engaged with the ILO for improvement of labour standards in EPZs and has held meetings in August and September 2022 regarding amendment of the EPZ Labour Act, 2019, the Committee must reiterate its deep regret that most of the changes to the Act that it had requested have still not been addressed. As a result, many of the issues already raised in relation to the 2019 ELA continue under the unchanged EPZ Labour Rules. The Committee must therefore, once again emphasize the need to further review the ELA to ensure its conformity with the Convention regarding the following matters: (i) scope of the law – specific categories of workers continue to be excluded from the law (workers in supervisory and managerial positions – sections 2(48)) or from Chapter IX dealing with WWAs (members of the watch and ward or security staff, drivers, confidential assistants, cipher assistants, casual workers, workers employed by kitchen or food preparation contractors and workers employed in clerical posts (section 93), as well as workers in managerial positions (section 115(2)); (ii) the imposition of association monopoly at enterprise and industrial unit levels (sections 94(6), 97(5) paragraph 2, 100 and 101); (iii) detailed requirements as to the content of a WWA’s constitution which go beyond formal and may thus hinder the free establishment of WWAs and constitute interference in the right to draw up constitutions freely (section 96(2)(e) and (o)); (iv) limited definition of the functions of WWA members despite the deletion of the word “mainly” from section 102(3); (v) prohibition to hold an election to the Executive Council during a period of six months (reduced from one year), if a previous election was ineffective because less than half of the permanent workers of the enterprise cast a vote (section 103(2)–(3)); (vi) prohibition to function without registration and to collect funds for an unregistered association (section 111); (vii) interference in internal affairs by prohibiting expulsion of certain workers from a WWA (section 147); (viii) broad powers and interference of the Zone Authority in internal WWA affairs by the requirement of approval for funds from an outside source (section 96(3)), approval of any amendment in a WWA constitution and Executive Council (section 99), power to arrange elections to the Executive Council of WWAs (section 103(1)) and its approval (section 104), power to rule on the legitimacy of a transfer or termination of a WWA representative (section 121), power to determine the legitimacy of any WWA and its capacity to act as a collective bargaining agent (section 180(c)) and the monitoring of any WWA elections (section 191); (ix) interference by the authorities in internal affairs by allowing supervision of the elections to the WWA Executive Council by the Executive Director (Labour Relations) and the Inspector-General (sections 167(2)(b) and 169(2)(e)); (x) restrictions imposed on the ability to vote and on the eligibility of workers to the Executive Council (sections 103(2) and (4) and 107); (xi) legislative determination of the tenure of the Executive Council (section 105); (xii) broad definition of unfair labour practices, which also include persuasion of a worker to join a WWA during working hours or commencement of an illegal strike, and imposition of penal sanctions for their violation (sections 116(2)(a) and (f), 151(2)–(3) and 155–156); (xiii) power of the Conciliator appointed by the Zone Authority to determine the validity of a strike notice, without which a lawful strike cannot take place (section 128(2) read in conjunction with section 145(a)); (xiv) possibility to prohibit strike or lockout after 30 days or at any time if the Executive Chairman is satisfied that the continuance of the strike or lockout causes serious harm to productivity in the Zone or is prejudicial to public interest or national economy (section 131(3)–(4)); (xv) possibility of unilateral referral of a dispute to the EPZ Labour Court which could result in compulsory arbitration (sections 131(3)–(5) and 132, read in conjunction with section 144(1)); (xvi) prohibition of strike or lockout for three years in a newly established enterprise and imposition of obligatory arbitration (section 131(9)); (xvii) possibility of hiring temporary workers during a legal strike in cases where the Executive Chairman of the Zone Authority is satisfied that complete cessation of work is likely to risk causing serious damage to the machinery or installation of the industry (section 115(1)(g)); (xviii) excessive penalties, including imprisonment, for illegal strikes (sections 155 and 156); (xix) prohibition to engage in activities which are not described in the constitution as objectives of the association (section 178(1)); (xx) prohibition to maintain any linkage with any political party or organization affiliated to a political party or non-governmental organization, as well as possible cancellation of such association and prohibition to form a WWA within one year after such cancellation (section 178(2)–(3)); (xxi) cancellation of a WWA registration on grounds which do not appear to justify the severity of the sanction (sections 109(b)–(h), 178(3)); (xxii) restriction of WWA activities to the territorial limits of the enterprise thus banning any engagement with actors outside the enterprise, including for training or communication (section 102(2)) and, subject to the right to form federations under section 113, prohibition to associate or affiliate with another WWA in the same Zone, another Zone or beyond the Zone, including non-EPZ workers’ organizations at all levels (section 102(4)); (xxiii) interference in internal affairs of a WWA federation – legislative determination of the duration of a federation (four years) and determination of the procedure of election and other matters by the Zone Authority (section 113); (xxiv) power of the Government to exempt any owner, group of owners, enterprise or group of enterprises, worker or group of workers from any provision of the Act, subjecting the rule of law to discretionary power (section 184); (xxv) excessive requirements to form an association of employers (section 114(1)); (xxvi) prohibition of an employer association to associate or affiliate in any manner with another association beyond the Zone (section 114(2)); (xxvii) excessive powers of interference in employers’ associations’ affairs (section 114(3)); and (xxviii) the possibility for the Zone Authority, with the approval of the Government, to establish regulations (section 204) which could further restrain the right of workers and their organizations to carry out legitimate trade union activities without interference. While taking due note that the Government intends to use the period from 2023 to 2025 to review the impact of the ELA, the Committee is deeply concerned that an exceptionally large number of provisions still need to be repealed or substantially amended to ensure its conformity with the Convention. The Committee urges the Government to expedite the review of the ELA, in consultation with the social partners, so as to address the issues highlighted above and provide EPZ workers with all the rights guaranteed in the Convention. The Committee requests the Government to report in detail on the steps taken in this regard.

As regards section 168 of the BLA that allows the Chief Inspector and other inspectors appointed under the BLA to undertake inspections of EPZs, the Committee notes the Government’s indication that pursuant to the preamble and section 3(A), 4(d), 7 (k) and 5A (2) of the BEPZA Act, BEPZA is the only appropriate authority of the Government for development, operation, management and control of EPZs and for matters connected therewith. The Government indicates that BEPZA as the central and competent authority of the Government is successfully performing its duties and responsibilities of administration and inspection in EPZs for the last four decades without any complaint from workers or investors’ as well as any international platform. The Government points out nevertheless that following the ILO’s request, the DIFE inspection was incorporated into the BLA and the modalities have been included in the draft EPZ Labour Rules. On 16 May 2022, a review discussion meeting was held between BEPZA and DIFE, presided over by the Minister of Law, Justice and Parliamentary Affairs, regarding a transparent and accountable mechanism of inspection. As of June 2022, DIFE has already inspected 23 factories in EPZs and found overall compliance to be satisfactory. The Committee recalls, however, that DIFE inspectors need the approval of the Executive Chairman to inspect EPZ establishments, while the Chairman retains ultimate supervision of labour standards in EPZs (sections 168(1) and 180(g)). The Committee has considered that such a requirement may hinder the independent nature and proper functioning of labour inspection. The Committee further observes that the EPZ Labor Rules issued on 4 October contain Chapter 13 concerning Administration and Inspection, including a framework for the inspection of DIFE, while Rule 290 provides that the DIFE shall submit the inspection report to the Additional Inspector General of the zones who shall direct the concerned establishment to implement the recommendations which he deems feasible. Referring to its more detailed comments on this point made under the Labour Inspection Convention, 1947 (No. 81), the Committee encourages the Government to continue to review the inspection framework set out in the Rules so as to ensure the necessary independence of the DIFE and to continue to provide practical information on the functioning of the DIFE in the zones, the recommendations made and those implemented, as well as statistics on the inspections conducted by the zones Labour Inspectorate. The Committee once again requests the Government to continue to take steps to ensure that unrestricted access for and jurisdiction over labour inspection activities in EPZs is provided to DIFE inspectors.

Finally, the Committee notes the Government’s indication that a Tripartite Implementation and Monitoring Committee (TIMC) has been formed by circular of 11 August 2021 and includes the following responsibilities: (1) to monitor the progress of implementation of the time-bound actions contained in the road map; and (2) to provide overall directions for the implementation of the roadmap. Noting the Government’s indication that the technical assistance of both the ILO and development partners is crucial to ensure the successful implementation of the roadmap over a period of time, the Committee expresses the firm expectation that concrete steps will be taken to ensure timely implementation of the objectives of the roadmap taking into account all the above comments.