Interim Report - Report No 168, November 1977

Case No 861 (Bangladesh) - Complaint date: 10-SEP-76 - Closed

217. The complaint of the World Federation of Trade Unions was contained in a communication dated 10 September 1976. In a communication from the Trades Union International of Agricultural, Forestry and Plantation Workers dated 4 October 1976, further allegations were made concerning the infringement of trade union rights in Bangladesh.

1. 217. The complaint of the World Federation of Trade Unions was contained in a communication dated 10 September 1976. In a communication from the Trades Union International of Agricultural, Forestry and Plantation Workers dated 4 October 1976, further allegations were made concerning the infringement of trade union rights in Bangladesh.
2. 218. These allegations were submitted to the Government of Bangladesh which, in a communication dated 2 March 1977, transmitted certain observations in connection with the complaint.
3. 219. 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. A. The complainants' allegations

• Allegations relating to general interference in trade union activities
  220. 220 In its communication dated 10 September 1976 the WFTU alleged that there had been grave violations of trade union rights by the authorities in Bangladesh which constituted an infringement of ILO Conventions No. 87 and 98, both of which had been ratified by that country. The WFTU stated that the authorities had, under martial law regulations, declared illegal all forms of democratic organisation and expression by trade unions, infringing in particular the right of free assembly and free speech and the right to strike. Strikes, processions and demonstrations etc. had been made a penal offence. The complainants continued that army contingents had been employed in industrial areas to terrorise the workers and restrict activities of trade unions. The authorities had announced restrictions on workers' right to freely elect the officers of trade unions, especially persons who were not working in the enterprise concerned. This step had been taken to prevent the recognised leaders of the trade union movement from functioning actively. According to the WFTU there were also reports that the authorities were encouraging the activities of disruptive elements and interfering in the internal affairs of the trade unions in order to exercise control over trade union activities.
• Allegations relating to the dissolution of the Jatiya Sramik League
  221. 221 The WFTU alleged that the Jatiya Sramik League, the united trade union organisation, founded by the most representative trade union centres in the country, including the Bangladesh Trade Union Kendra which was affiliated to the WFTU, had been dissolved and all its property confiscated by the authorities. This, according to the WFTU, constituted a direct attack on the right to organise of the workers in Bangladesh.
• Allegations relating to the arrest and detention of trade unionists
  222. 222 During recent months, continued the WFTU, the authorities in Bangladesh had resorted to large-scale arrests of trade union leaders who were being kept in detention without trial warrants of arrest had been issued against Mr. Saifuddin Manik, member of the General Council of the WFTU and General Secretary of the Bangladesh Trade Union Kendra, as well as against Mr. Harun-ur-Rashid, deputy member of the WFTU General Council and President of the Bangladesh Trade Union Kendra, Mr. Manjurul Ahsan, Joint Secretary of the Bangladesh Trade Union Kendra, and many other trade unionists.
  223. 223 The WFTU added that among those trade unionists who had been arrested and were being detained without trial were the following:
  1. 1 Abu Taher Masud, Secretary, Chittagong Zonal Committee of the BTUK and President, Daud Jute Mill Workers' Union, Chittagong;
  2. 2 Udayan Nag of Chittagong Road Transport Workers' Union;
  3. 3 Alauddin Ahmad of Ujala Match Factory Workers' Union;
  4. 4 Quazi Muzammel Hoq, MP, and leader of the Jatiya Sramik League;
  5. 5 Saidur Rahman Sadu, President of the Adamjee Jute Mill Sramik League;
  6. 6 Hasanuddin Sarkar, leader of the Tongi Zonal Committee of Jatiya Sramik League;
  7. 7 Ali Azam, General Secretary, Adamjee Majdoor Trade Union;
  8. 8 Chitta Deg of Rail Sramik Union;
  9. 9 Abdur Rahim of Rail Sramik Union;
  10. 10 Ruhul Amin of Rail Sramik Union;
  11. 11 Selim, leader of Pabna District Trade Union Council.
• There had been reports, according to the WFTU, that most of these trade unionists had been subjected to torture while in detention and that the health of these trade union leaders had considerably deteriorated because of ill-treatment.
  224. 224 In its communication dated 4 October 1976 the Trade Unions International of Agricultural, Forestry and Plantation workers alleged that there had been grave and constant violation of democratic and trade union freedoms by the Government of Bangladesh against the trade union movement. Their affiliated movement, Chittagong Tea Garden Workers' Union, could no longer exercise freedom of trade union functions nor could it represent the interests of the tea plantation workers because of the persecution to which it was being subjected. Its General Secretary, Mr. P.C. Biswas, had been arrested last larch and its President, Mr. Tapan Datta, was being sought by the police. The Secretary of the organisation could not freely carry out his trade union duties as the Bangladesh authorities prevented him from doing so. The TUIAFPW added that other trade union activists belonging to their affiliate were in prison and, like other imprisoned trade unionists, had not been brought to trial.
• Reply of the Government
  225. 225 In its communication dated 2 March 1977 the Government stated that no labour leader in Bangladesh had been detained for trade union activities and the allegations regarding infringements of trade union rights were untrue. According to the Government the labour leader named Mr. Alauddin Ahmed had never been detained and Mr. Sapu, Mr. Chitta Deg, Mr. Abdur Rahim and Mr. Ruhul Amin were no longer in detention. The following leaders, according to the Government, had been detained for activities prejudicial to the security of the country and not for trade union activities: Mr. Abu Taker Masud, Mr. Udayan Nag, Mr. Quazi Muzammel Hog, Mr. Hasanuddin Sarker, Mr. Ali Azam and Mr. Selim.
  226. 226 As regards the allegations made by the Trade Unions International of Agricultural, Forestry and Plantation Workers, the Government stated that no-one by the name of Mr. P.C. Biswas had ever been detained by the Government, and as regards Mr. Tapan Datta the Government stated that he had not been arrested and was reported to have fled to India where he was residing.

B. B. The Committee's conclusions

• Conclusions of the Committee
  227. 227 The Committee notes that the Government has supplied some information on certain aspects of the case, but it has supplied no information as regards certain other serious allegations made by the complainants, in particular as regards the restrictions imposed by the authorities on activities of trade unions and the alleged dissolution of the Jatiya Sramik League. In this connection the Committee would recall that the purpose of the whole procedure is to promote respect for trade union rights in law and in fact, and the Committee is confident that if it protects governments against unreasonable accusations, governments on their side will recognise the importance, for the protection of their own good name, of formulating for objective examination detailed factual replies to such detailed factual charges as may be put forward.
  228. 228 As regards the alleged dissolution of the Jatiya Sramik League, the Committee considers it appropriate to draw the attention of the Government to the provisions of Article 4 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), whereby "workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority". The Committee would request the Government to transmit its observations on this allegation stating, in particular, the present status of this organisation and its ability to carry out normal trade union activities.
  229. 229 As regards the alleged arrest and detention of trade unionists, the Committee notes the Government's statement that Mr. Alauddin Ahmed and Mr. P.C. Biswas have never been detained by the Government. It also notes the Government's statement that Mr. Sadu, Mr. Chitta Dev, Mr. Abdur Rahin and Mr. Rauhul Amin are no longer being detained. The Government has also stated that Mr. Tapan Datta was not arrested and that this person is reported to have fled to India where he is residing. The Government supplies no information as regards the allegation made by the WFTU that warrants have been issued against a number of the trade union leaders of the Bangladesh Trade Union Kendra.
  230. 230 In the first place the Committee would point out that the detention by the authorities of trade unionists concerning whom no grounds for prosecution are subsequently found is liable to involve restrictions on trade union rights, and governments should take steps to ensure that the authorities concerned have instructions appropriate to eliminate the danger of detention for trade union activities. The Committee has also emphasised the importance it has attached to the principle of prompt trial by an independent and impartial judiciary in all cases, including cases in which trade unionists are charged with political or criminal offences which the Government considers have no relation to their trade union functions.
  231. 231 The Committee would also point out that in a number of cases where the complainants alleged that trade union leaders or workers had been arrested for trade union activities and the governments' replies were simply to the effect that the arrests were made for subversive activities, for reasons of internal security or for common law crimes, the Committee has followed the rule that the governments concerned should be requested to submit further and as precise information as possible concerning these arrests, particularly in connection with the legal or judicial proceedings instituted as a result thereof and the result of such proceedings, in order to be able to make a proper examination of the allegations.
  232. 232 The Committee would accordingly request that the Government supply full and precise information concerning the trade unionists who are stated to be in detention, specifying the charges which have been brought against them and the legal procedures which have been set in motion in order to bring these persons to trial. The Committee would also request that the Government transmit the texts of any judgements delivered by the courts concerning these persons together with the grounds adduced therefor. Finally, the Committee wishes the Government to supply full and precise information concerning those trade unionists in respect of whom warrants of arrest have been issued, stating in particular the reasons for which these persons are being sought.
  233. 233 As regards the general allegations concerning interference by the authorities in trade union activities, the Committee would draw attention in particular to Article 3 of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), which guarantees to workers' and employers' organisations, inter alia, the right to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes without any interference by the public authorities which would restrict this right or impede the lawful exercise thereof. The Committee would request that the Government transmit its observations on the allegations relating to interference in trade union activities.

The Committee's recommendations

1. 234. In these circumstances and with regard to the case as a whole the Committee recommends the Governing Body:
   • (i) to draw the attention of the Government to the provisions of Article 4 of Convention No. 87 to the effect that workers' and employers' organisations shall not be liable to be dissolved or suspended by administrative authority, and to request the Government to transmit its observations on the alleged dissolution of the Jatiya Sramik League, stating in particular the present status of this organisation and its ability to carry out normal trade union activities;
   • (ii) to draw the attention of the Government to the principles and considerations set forth in paragraphs 230 and 231 above concerning the arrest and detention of trade union leaders and to request the Government to supply full and precise information concerning those trade union leaders who are stated to be in detention, including information concerning the charges brought against them and to supply the texts of any judgements rendered by the courts concerning these persons together with the grounds adduced therefor; and to state the present position of those trade unionists mentioned by the WFTU against whom warrants of arrest have been issued stating, in particular, the reasons for which these persons are being sought;
   • (iii) as regards the allegations concerning general interference in trade union activities, to draw the attention of the Government to the provisions contained in Article 3 of Convention No. 87 concerning, in particular, the right of workers' and employers' organisations to elect their representatives in full freedom and to organise their administration and activities without interference by the public authorities, and to request the Government to supply its observations on the allegations relating to interference in trade union activities;
   • (iv) to take note of this interim report.