Interim Report - Report No 194, June 1979

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

1. 199. The Committee already examined this case in May 1977 and November 1978, when it presented interim reports to the Governing Body. The Government has replied to a request for further information, by letter dated 20 February 1979. In the meantime, new allegations have been presented by the Trade Unions International of Agricultural, Forestry and Plantation Workers in a letter dated 8 February 1979.
2. 200. 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

1. 201. When it last examined this case, in November 1978, the Committee submitted its definitive conclusions on one of the aspects of the case, concerning the dissolution of a trade union organisation, the Jatio Sramik League. The issues which are still pending examination by the Committee concern, firstly, the detention of a number of trade union leaders and, secondly, the alleged interference by the authorities in trade union activities. The allegations had been presented in September and October 1976.
2. 202. As regards the first series of pending allegations, upon recommendation by the Committee, the Governing Body, at its 208th Session (November 1978), noted with interest that a number of the trade unionists mentioned by the complainants had been released, but nevertheless drew the attention of the Government to certain principles and considerations concerning the guarantees of regular judicial procedures. It requested the Government, once again, to indicate the reasons for the detentions and to state whether the persons concerned had been brought before the courts. In particular, it requested the Government to communicate detailed information on the decisions to be given by the Supreme Court in the cases of the trade union leaders Ali Azam and Kazi Mozammel Hog, and on the present situation of Hasanuddin Sarkar (who had been arrested) and Saifuddin Manik, Harun-ur-Rashid and Manjurul Ahsan (against whom warrants of arrest had been issued).
3. 203. In its further complaint dated 8 February 1979, the Trades Union International of Agricultural, Forestry and Plantation Workers stated that, according to information received from its affiliate, the Chittagong Tea Gardens Workers' Union, Mr. Arum Sarkar, Secretary of this union, was arrested on 22 November 1978 without specific charges. This complaint was transmitted to the Government, which has not yet provided its observations.
4. 204. In its letter of 20 February 1979, the Government states that "no trade union leader unconnected with political parties was arrested, i.e., no non-political trade unionist was detained nor was anyone arrested for trade union activities". No one is in custody now. It explains that, in accordance with the law, when anyone is detained he is to be served with the grounds therefore within 15 days of his detention and his case is to be reviewed by advisory boards or Committees consisting of High court judges and senior civil officials. Mr. Ali Azam's case was so reviewed and he was released on the recommendation of the Advisory Board. Mr. Kazi Mozammel Hoq (called Muzammel Hague in the complaints) opted for challenging the detention order when he was told of the grounds of detention and the High Court Division of the Supreme Court ordered his release, which was duly complied with by the Government. The Government also indicates that Hasanuddin Sarkar, Saifuddin Manik, Harun-ur-Rashid and Manjurul Ahsan are free, and that the first three have contested in the general elections held on 18 February 1979. It adds that Mr. Manik is a member of the Tripartite Committee of the Ministry of Labour and Mr. Hasanuddin Sarkar was elected as Chairman of the Municipal Committee at Tongi.
5. 205. The Committee notes that the Government has thus provided information concerning all the trade union leaders mentioned in paragraph 468 of the Committee's 187th Report, and that all these persons, including two whose cases had been examined by the Advisory Board and the Supreme Court, respectively, are free. The Committee feels that, in these circumstances, it would serve no useful purpose to continue with the examination of the allegations concerning them. It would ask the Government, however, to provide its observations concerning the arrest of Mr. Arum Sarkar on 22 November 1978 (see paragraph 203 above).
6. 206. As regards the allegations concerning interference by the authorities in trade union activities, in November 1978 the Committee noted the information provided by the Government to the effect that certain restrictions imposed by sections 4 and 7 of the Industrial Relations (Regulation) Ordinance, 1975, had been repealed in July 1977. It also noted the provisions adopted by the Government restoring the authorisation to register new trade unions and to hold elections for the determination of collective bargaining agents. However, since the allegations presented in this case also concerned other specific points, on the recommendation of the Committee, the Governing Body requested the Government once again to communicate its observations on the situation as regards the right to strike, the right to hold meetings and the right to elect trade union leaders freely.
7. 207. In its communication of 20 February 1979, the Government states that restrictions on the right to strike and lock out and freedom of association had been imposed only temporarily, in view of the emergency prevailing in the country at that time, and had applied both to workers and to management. Bans were imposed on meetings and processions generally and not merely on meetings and processions of trade unions. Workers, it states, are now resorting to strikes freely, and bans on meetings and processions have been removed. There is a very high level tripartite Committee consisting of 39 members, who review all questions connected with labour policy and labour laws from time to time and the voice of the workers is now fully ventilated by their Committee representatives.
8. 208. In the same communication the Government stresses that it has not attempted to transform the trade union movement into an instrument for the pursuance of political aims and that all federations and basic trade union units now work on their own.

B. B. The Committee's conclusions

1. 209. In cases where the Committee has considered complaints concerning alleged infringements of trade union rights committed under a state of emergency or a state of siege or an internal security act, it has considered that it was not competent to express an opinion on the need or the advisability of such legislation, which is a question purely political in character. The Committee was, however, of the opinion that it should consider the repercussions which such legislation might have on the free exercise of trade union rights.
2. 210. In the present case, the ban on certain trade union activities, imposed in connection with the state of emergency, involved serious restrictions, in particular, of the right of workers' organisations to organise their administration and activities, provided for in Article 3 of Convention No. 87, ratified by Bangladesh, and of certain civil liberties such as the right of assembly, which the International Labour Conference, in its resolution on trade union rights and their relation to civil liberties adopted in 1970, considered to be essential for the free exercise of trade union rights. The information provided by the Government indicates, however, that the state of emergency no longer exists in the country and that all the restrictions to which the complainants referred have been lifted. The Committee notes this information with interest and wishes to draw it to the attention of the Committee of Experts on the Application of Conventions and Recommendations.

The Committee's recommendations

1. 211. In these circumstances, the Committee recommends the Governing Body:
   • (a) as regards the allegations concerning the detention of trade union leaders:
   • (i) to note that Messrs. Ali Azam and Kazi Mozammel Hoq were released after their cases were examined by an Advisory Board and the Supreme Court, respectively;
   • (ii) to note the information provided by the Government confirming that Messrs. Hasanuddin Sarkar, Saifuddin Manik, Harun-ur-Rashid and Manjurul Ahsan are free;
   • (iii) to request the Government to be good enough to provide its observations on the alleged detention, on 22 November 1978, of Mr. Arum Sarkar, Secretary of the Chittagong Tea Gardens Workers' Union;
   • (b) as regards the allegations concerning interference by the authorities in trade union activities:
   • (i) to note with interest the information provided by the Government that the restrictions on freedom of association, strikes, meetings and demonstrations, which had applied to trade unions as a result of general emergency measures, are no longer in effect;
   • (ii) to draw this information to the attention of the Committee of Experts on the Application of Conventions and Recommendations;
   • (c) to take note of this interim report.